Introduction to Patents
by Patrick Ragains
A Patent is:
 a property right granted by the U.S. Government
to an inventor “to exclude others from making,
using, offering for sale, or selling an invention
throughout the U.S. or importing the invention
into the U.S.” for a limited time in exchange for
public disclosure of the invention when the patent
is granted.
Types of Patents:
 Utility: For new and useful processes, machines,
manufactured articles, compositions of matter or
improvements thereof. Term: 20 years.
 Design: New and ornamental designs for
manufactured articles. Term: 14 years.
 Plant: For new and distinct varieties of plants,
asexually reproduced. Term: 20 years.
Requirements for Patentability:
New
Useful
Nonobvious
What Is “Unpatentable?”
 “Perpetual motion” devices
 Nuclear weapons: The Atomic Energy Act of
1954 excludes the patenting of inventions useful
solely in the utilization of special nuclear material
or atomic energy for atomic weapons.
Help for inventors
General advice, also covering the patent
application process, is available at this
FAQ site:
http://www.uspto.gov/faq/patents.jsp
Patent Claims:
 The inventor’s claims are the basis of
patentability.
 A patent claim describes the original aspects of an
invention. See claims for patent 6,135,885 :
Electronic football wagering game.
Initial claim for the patent, Electronic
football wagering game:
Patent classification:
 The USPTO classifies technology and design
using a numerical system.
 Patent searchers must use the classification system
in order to search thoroughly.
Patent classification search tool
http://www.uspto.gov/web/patents/classification
Subclass 463/4 is read as:
CLASS 463: AMUSEMENT DEVICES: GAMES
1 INCLUDING MEANS FOR PROCESSING
ELECTRONIC DATA
2 .In a game including a simulated projectile
(e.g., bullet, missile, ball, puck, etc.)
4
..Simulated court game or athletic event
(e.g., soccer, basketball, etc.)
Getting started on a patent search
Open 2 tabs in your web browser:
1. http://www.uspto.gov – to search and
read patent text
2. http://www.pat2pdf.org or
http://www.google.com/patents – to
retrieve scanned patents, including
drawings
Search at www.uspto.gov
Keyword searching covers 1976–present
Classification searching covers 1790–
present
U.S. patent applications, published
beginning March 15, 2001
Steps for a preliminary patent
search
1. Search issued patents at http://www.uspto.gov,
using descriptive keywords;
2. Review your results; note the patent
classifications for the most pertinent items found;
3. Search by these classifications and review your
new results;
Steps for a preliminary patent
search (slide 2)
4. Modify or refine your search as necessary by
checking other classifications and keywords;
5. For the most relevant patents found, view the full
documents, with drawings;
6. Repeat this process for published patent
applications.
Retrieve and read full patents and
applications from:
http://www.pat2pdf.org
http://www.google.com/patents
On the USPTO website (a TIFF plug-in
must be installed to view full patents in
your browser)
Refine your search:
 By a process of elimination, you should identify
the patents and applications that are most relevant
to your invention. You must cite these and any
other pertinent sources in your patent application.
 It’s normal to repeat the process as your search
becomes more focused and you identify the most
relevant patent classifications.
Non-U.S. patent literature
 Foreign patents (use esp@cenet on the Web or
contact UNR’s Knowledge Center)
 Scientific and technical articles and books
 Product catalogs (e.g., Thomas Register and
catalogs of individual companies)
“Patent pending” & “Patent
applied for…”
 These phrases may be used to inform the public
that a patent application is on file.
 There are fines for using the terms falsely.
Other important issues:
 Provisional application: Establishes an early filing
date, but only if you file a nonprovisional
application within 1 year of filing a provisional
application.
 Patent protection in foreign countries: See the
Patent Cooperation Treaty section of the USPTO
website.
 Invention promotion firms—Beware!
Amusing patents:
Vibrating soap bar
Watch that keeps
“non-human” time
Abraham Lincoln’s patent: No.
6469, issued May 22, 1849
U.S. Plant Patent no. 14,770:
Clematis ‘Pretty in Blue’
Where to go for help:
United States Patent and Trademark
Office
• http://www.uspto.gov
• Menu-based telephone assistance:
1-800-786-9199