Step 1: Brainstorming Keywords
The first stage of the patent search is the keyword
discovery stage. In this stage,
brainstorm various keywords that might be contained in prior art documents that
disclose your invention.
When brainstorming keywords, include industry specific terms
as well as generic terms. The search
function at the Patent Office website cannot distinguish between the two. Moreover, the search function does not
include synonyms. Try to be inclusive in
this stage.
You may have found, if you have already attempted a patent
search, that the search result contains numerous irrelevant references. The reason is that certain words might have
different meanings in different industries.
The search function does not place words into context. It is a pure text string search.
Step 2: Class and subclass look up
The second stage attempts to limit extraneous or irrelevant
search results by searching within one or more classes or subclasses. The USPTO classifies each patent document
within one or more of 450 different classes.
Within each class, there are multiple subclasses – literally hundreds or
thousands of subclasses per class. As a
result, the subclasses are detailed subdivisions and categorize different aspects
of the class at the granular level.
If a search is made within the right class and subclass,
then irrelevant references are less likely to show up in the search
results. The downside is that the all of
the right classes and subclasses must be searched. To ensure that all of the right classes and
subclasses are found, the search process must be treated as an iterative
process. After relevant references are
found, the classes and subclasses of those references are checked to determine
whether all relevant references have been found.
Step 3: Search patent and published application databases
The USPTO maintains two different online databases, namely,
a database of issued patents and a database of published patent applications.
Both databases must be searched because although there is an overlap, they both
have their own unique set of references.
Not all patent applications mature into a patent. Hence, published patent applications that
have not matured into a patent will not be found in the issued patents
database. Also, not all issued patents
were published as a patent application.
The inventors could have submitted a request for non publication. These patents will not be found in the
published patent applications database.
Another way to streamline this step is to conduct the search on a third
party site such as www.freepatentsonline.com.
Utilize the advanced search and be sure to check the boxes for patents
and patent applications. This should
reduce your work in half.
While a review of the references found through the search
process is made, you will find additional keywords and other potential
class/subclass for further search and consideration. The above process is repeated for those
additional keywords and classes and subclasses.
Then again, you can use automated tools like XLPAT for
searching patents from over 100 jurisdictions, 32 full text patents available.
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