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What is a patent and what is patentable?
A patent gives its owner the right to exclude others from making, using, and selling
the patented invention. To be patentable an invention must meet three criteria.
Patent searching is a time consuming enterprise.
You cannot simply see if something has been patented.
You have to make sure the item has not been patented. Hence,
it is a process of elimination. This means that you must examine
each patent in your subject area to determine if there
is prior claim to your ideas.
You must search as far back in time as your invention has been technologically possible.
Anything that has previously been patented cannot
be re-patented, even though that patent may have expired. Once
a patent expires, the invention becomes part of the public domain,
meaning that anyone may be able to use or manufacture the invention
listed within.
Patent searching is a step by step process.
There are no shortcuts to doing a complete patent search.
Although there is a keyword searching feature in the USPTO database, keyword searching is generally not the most thorough way to conduct a patent search. There is no controlled terminology or vocabulary; patentees can use a wide variety of words to express their ideas. This is the reason the Classification system is in use. It groups all of the patents
in a specific subject area together for the purposes of examination.
Just because you have not seen a product on the market does not mean that there is not a patent on that item. Obtaining a patent and marketing an invention are two completely different tasks. There are countless products that have been patented but have never been commercially marketed, either nationwide or locally.
Be Prepared.
The process of patent searching is not overly difficult,
but it does require significant amounts of time, concentration,
and patience. Budget enough time to complete your tasks, but also
take into consideration that the USPTO Website, the Patent and Trademark Depository Library Research
Area, the Engineering Library Reference Area computers, and/or Reference Desk might be crowded
and busy on the day you choose to come. Sometimes you will need
to share materials with others or wait to ask questions or use
the computers.
If you have an invention, you should plan to do a patent search for three main reasons:
The United States Patent and Trademark Office (PTO) maintains a classification manual which organizes patents by subject. Use the Index to the U.S. Patent Classification to find class and subclass numbers alphabetically by subject.
The Index to the U.S. Patent Classification is available:
Note: You may need to try several alternative terms or synonyms to find your subject in the keyword index; look for all the terms you can think of that describe the invention. Look up what your invention is, as well as what it does.
For example, to find patents related to aluminum
baseball bats, look up the index heading Baseball and find
the subheading Bats:
BASEBALL . . BALLS . . BASES . . BATS . . CARD OR TITLE GAMES . . COVER SEWING MACHINE . . GAME BOARD . . . . . DESIGN . . GLOVE
Write down the index headings and subheadings that best describe
your invention (for example, "Baseball-Bats"). Because
few inventions fit perfectly into one classification, we usually
recommend that searchers identify several relevant headings and
subheadings.
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Each index heading is followed by its class number and subclass
number. Write down the class and subclass numbers from your index
headings (for example, "473/564+"). Include any letters
or punctuation.
![[worksheet]](/engineering/images/ptdoc2.gif)
The index to the classification manual presents classifications in alphabetical order without showing related classifications. You should not rely on the index alone to identify your classes and subclasses.
The The Manual of Classification is available:
For example, in the search for baseball bats, you would look up class 473 and find subclass 564. Immediately below 564 is subclass 566, which specifically covers baseball bats with metal shells.
564 . Bat (e.g., baseball bat, etc.) 565 . . Having elongated blade (e.g., cricket bat, etc.) 566 . . Of metallic-shell structure 567 . . Of plastic composition 568 . . Grip
Notice that some entries in the manual begin with one or more periods. The number of periods provides a subject hierarchy, like the outline for a term paper: an entry with two periods is a more specific subset of the entry with one period above it, but less specific than the entry with three periods below it, for example. Subclass names written in capital letters are the most general.
Write down your revised class and subclass numbers.
You should also browse the entire hierarchy, starting at the top of the class and looking at all the capitalized subclasses. You may find additional subclasses that pertain to your search.
![[question mark]](/engineering/images/ptdoc6.gif)
Is the meaning of your class and subclass numbers
clear to you?. Do you need more information
about the class or subclass? If you need more information continue
with step 3. If not, go to step 4.
The Classification Definitions are available:
When reading the definitions, you should start by
reading the definition for the class as a whole, for example:
Class 473 GAMES USING TANGIBLE PROJECTILE Class Definition: This class includes: Apparatus or means relating to the type of amusement, recreational, or play activities commonly known as games or sports (a) in which one or more players or participants use a ball, missile, stream of water, or any other such body which occupies physical space and can be touched and thereby felt by the one or more players or participants (i.e., a tangible body) such that, during play of a game or sport, the ball, missile, or other such tangible body is thrown, rolled, shoved, impelled, propelled, projected, or otherwise put into motion ... (Then continue to main heading) Subclass: 516 PLAYER HELD AND POWERED, NONMECHANICAL PROJECTOR, PER SE, FOR PROJECTING AERIAL PROJECTILE BY STRIKING; PART THEREOF OR ACCESSORY THEREFOR: (under the class definition) Subject matter (a) comprising an implement, per se, which is held and used by, or worn on the body of and used by, a player during play of a game or sport in which a game projectile is intended to move through the air during play .... (Then continue to next specific heading(s)) Subclass: 564 Bat (e.g., baseball bat, etc.): (under subclass 516) Subject matter wherein the projecting implement comprises a shaft and a striking head which (a) is located at one end of the shaft, (b) is formed by a continuation of the shaft, or (c) constitutes the shaft and wherein the shaft and head are both elongated members having a length substantially greater than the width, thickness, or diameter thereof. (Then continue to most specific heading) Subclass: 566 Of metallic-shell structure: (under subclass 564) Subject matter wherein the bat is a generally hollow body formed from a metallic material.
There are several ways to retrieve patent numbers by classification.
USPTO Patent Full-Text and Full-Page Image Databases
http://www.uspto.gov/patft/index.html
The Issued Patents (PatFT) database covers 1790 to the present. However, the database is only searchable by patent number or current US classification prior to 1976. The database is updated weekly. The Published Applications (AppFT) database can also be searched by current US classfication, as well with keywords. The AppFT database covers published patent applications (pre-grant publications) from March 15, 2001 to the present. You must search each database separately. Please read "Operational Notices and Status" for each database, as well as the "Important Notices!" Also, there is extensive online help available for searching the databases. "Help" links are present on all the USPTO web database screens.
Abstracts (summaries) of each patent are published in the weekly Official Gazette of the United States Patent and Trademark Office, also known as the Patent Official Gazette, or the OG. Each issue of the gazette lists the patents issued that week, in patent number order. Find the abstract (the exemplary claim) for each patent number you retrieved from the USPTO Issued Patent database on the web In addition to the brief description, each patent entry usually includes one drawing.
When using the Issued Patent database on the web, abstracts are available for each patent issued from 1976 to the present. Click on the patent number or the title of the patent to retrieve the full-text of the patent, including an abstract. For patents issued before 1976, you will have to retrieve the full-image of the patent or use the Official Gazette.
There is no Official Gazette for published patent applications (also known as pre-grant publications). You must use the Published Applications (AppFT) database to retrieve abstracts and other information concerning published applications.
In the Engineering Library, Patent Official Gazettes (in printed form) from February 2, 1971 (Patent numbers: 3,559,209- present and D219,801-present) are shelved in the patent and trademark research area. They are the beige colored volumes in the shelving area. Earlier gazettes going back to 1872 are shelved on the third floor of the library under the call number T223 .A2b.
The Patent Official Gazette is available in electronic form on the USPTO website for the most recent fifty two issues.
http://www.uspto.gov/web/patents/patog/
Are these the patents that you are looking for?
Do they describe inventions similar to yours?
If no, return to STEP 1, or ask at the Reference Desk for help.
If yes, continue with STEP 7.
Patents are available in full-text and full-image formats in the Issued Patents (PatFT) database on the USPTO website at http://www.uspto.gov/patft/index.html. Enter your patent number using the "Patent Number Search" option. Full-text (without images) is available for patents issued from 1976 to the present. Full-images (which look like actual copies of the issued patents, including the drawings) are available for patents issued from 1790 to the present. In order to retrieve the images, it is necessary to load a TIFF viewer onto your computer. For more information on how to do this, please consult the information provided by the USPTO, "How to Access Full-Page Images". There is a link to this information from the main Patent Full-Text and Full-Page Image Databases page. The computers in the reference area of the Engineering Library already have a TIFF image viewer loaded.
Published patent applications are available in full-text and full-image formats in the Published Applications (AppFT) database on the USPTO website at http://www.uspto.gov/patft/index.html. Enter the application number using the "Publication Number Search" option. Full-text (without images) and full-images (with drawings) are available for applications published at the 18th month mark since March 15, 2001. In order to retrieve the images, it is necessary to load a TIFF viewer onto your computer. For more information on how to do this, please consult the information provided by the USPTO, "How to Access Full-Page Images". There is a link to this information from the main Patent Full-Text and Full-Page Image Databases page. The computers in the reference area of the Engineering Library already have a TIFF image viewer loaded.
The Engineering Library has microfilm copies of issued patents from 1966-1999 (Patent numbers: 3,226,729- and D203,379-). They are filed in patent number order in the filing cabinets against the windows in the patent search area. You may read the microfilms on any microfilm reader in the library. To make paper copies, you may use the self-service reader/printers in the patent research area. Self-service copies are currently 10 cents per page.
Patent Attorneys or Agents.Please consult the searchable index,
"List of Attorneys and Agents Registered to Practice
with the U.S. Patent and Trademark Office"
http://des.uspto.gov/OEDCI/
This is a searchable index of contact information for attorneys and agents with licenses to practice before the US Patent and Trademark Office. There is also a geographic search available. Patent practitioners can be found in the Yellow Pages under the heading "Patent Agents"
and/or "Patent Attorneys"
or under "Intellectual Property."
Washington State Innovation Assessment Center (IAC) - Washington State University, College of Business
http://www.business.wsu.edu/organizations/iac/Pages/index.aspx
The Washington State Innovation Assessment Center provides evaluation services and market assessments for individuals and small businesses throughout the United States.
Washington Small Business Development Centers
http://www.wsbdc.org/
The SBDC is a cooperative effort of Washington State University, Western Washington University, community colleges, economic development organizations, and the US Small Business Administration. The SBDC offers confidential assistance in technical business affairs and management.
Contacting a Patent Searching Agency
See the Yellow Pages under "Patent Searchers"
Seattle Public Library
http://www.spl.lib.wa.us/
The Downtown Branch has the CassisTM system and the Index and Manual
to Classification. Official Gazettes from 1872-. Patent Summaries
in Annual Report 1790-1871. Full Text Patents from 1880-1909.
1000 4th Avenue
(4th and Madison)
Seattle, WA 98104
(206)386-4645 Business and Technical Reference
Paul L. Boley Law Library
http://www.lclark.edu/~lawlib/
Northwestern School of Law of Lewis and Clark College
10015 SW Terwilliger Boulevard
Portland, OR 97219
(503)768-6776 voice
(503)768-6671 fax
When the GATT became law on June 8, 1995, it changed the length of terms for U. S. Utility Patents. The term is now 20 years from the earliest filing date of a non-provisional application. This term length will conform with most other industrialized nations.
GATT also introduced Provisional Applications. This will allow inventors to obtain an earlier filing date with few formalities at a lower cost than filing the non-provisional application. It gives the inventor 12 months to file a nonprovisional application. For additional information see the handout available in the Patent Research Area entitled, "Important Notice for Inventors"
Further questions about Patent Law changes can be
addressed by the Patent and Trademark Office by calling (800) 786-2224.
The Engineering Library only has United States Patent and Trademark information. You can have foreign patent searches done by Patent Searching Agencies.
The closest place to go to do patent searching for
other countries is The University of British Columbia in Canada.
This service is called PATSCAN.
For more information contact:
PATSCAN - Patent & Trademark Searches
Walter C. Koerner Library
1958 Main Mall, Room 218-L
University of British Columbia
Vancouver, B.C.
V6T 1Z2
(604) 822-5404 voice
(604) 822-9532 fax
rsimmer@interchange.ubc.ca
www.patscan.ca
United States Patent and Trademark Office
http://www.uspto.gov/
Box 9
Washington, DC 20231
(800)786-9199
(703) 786-2224 Information about changes in patent law
http://www.uspto.gov/
There are many additional sources of information available. Please utilize the following resources.
"General Information Concerning Patents"
http://www.uspto.gov/web/offices/pac/doc/general/
produced by the U.S. Patent and Trademark Office. Copies are available
for in-library use on the Patent and Trademark Research Table.
You can purchase a copy of this publication from the Government
Printing Office, or from the Government Bookstore downtown. (Ask
at the reference desk for more information.)
"List of Attorneys and Agents Registered to Practice
with the U.S. Patent and Trademark Office"
http://des.uspto.gov/OEDCI/
This is a seachable index of contact information for attorneys and agents with licenses to practice before the US Patent and Trademark Office. There is also a geographic search available.
The section on Washington state is 4 1/2 pages long, and is arranged
in zip code order. Be advised that some of the people listed work
for companies or government agencies and do not accept clients
from the general public. Available on the patent and trademark research
table.
"Patent It Yourself" by David A Pressman. The most comprehensive book on the process of patenting available. It has a good index for referring to specific questions. Available on the patent research table.
"PTO's Helpful Hints". Describes specific events in the process of application for a patent. A guide to avoiding the common mistakes.
A Guide to Filing A Design Patent Application
http://www.uspto.gov/web/offices/pac/design/
Describes the process of filing for a design patent.
"Selected Patent Information Available via
the Internet"
http://www.lib.washington.edu/engineering/ptdl/webpat.html
Also available in print format on the research table
in the patent area. Some steps of a search can be done
via the Internet.
"Guides to Patent or Trademark
Research"
http://www.lib.washington.edu/engineering/ptdl/patents/pt.html or
http://www.lib.washington.edu/engineering/ptdl/trademarks/tm.html
Guides to patent and trademark research developed by the Engineering Library.
Includes answers to many commonly asked questions.
Questions or comments?
Send them to the Engineering Library:
englib@u.washington.edu
Last modified: Monday November 26, 2007