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Finding and Using Patents at University of Illinois Library

Brief introduction to the discovery and use of patents

Three strategies for prior art patent searching

Strategy 1: Full text searching

Full text searching for patents involves developing a list of keywords that describe the innovation, and then using those keywords to create search strings in patent discovery systems such as Lens.org, USPTO Patent Public Search, or Google Patents. Commercial databases also include patents. Those databases are linked in the "Discovering Patents" page of this LibGuide. Patents use complex technical language to describe design innovations. This can be a barrier to effective patent searching for novice searchers.  Performing a basic Google search is a way of mining these complex technical terms, which then can be effectively searched within the patent discovery systems. These full text searches should be conducted against multiple databases to ensure a comprehensive search. 

 

Strategy 2: Patent Classification Searching

All patents are assigned multiple classification numbers as appropriate. The classification numbers are part of the Cooperative Patent Classification, an extensive hierarchical structure specifically designed for ensuring that the patent system is searchable. Classification numbers are assigned to patents during the application process and can be found in Boxes 51 on a granted patent. The classification system is grouped by area of technology. You can use the classification system to narrow or focus your search on the specific design innovation, without knowing the terminology used by prior inventors. 

The CPC is divided into 8 main areas, A-H:
– A: Human Necessities
– B: Performing Operations; Transporting
– C: Chemistry and Metallurgy
– D: Textiles and Paper
– E: Fixed Construction
– F: Mechanical Engineering; Lighting; Heating; Weapons; Blasting;
Engines or Pumps
– G: Physics
– H: Electricity

(USPTO, nd)

The classification system is further divided into sections, classes, subclasses and groups within each of the areas. Explore the patent classification system through the online interface hosted at USPTO. This interface allows you to keyword search across the classification descriptions in order to determine likely classifications relevant to your design. 

Strategy 3: Patent citation searching

Patent citation searching involves finding a patent that is related to your innovation, and looking at Box 56 on the patent cover sheet to identify relevant other patents that may be related to the innovation being described. Those patents can be mined for relevant other sources.  Patent sources are not limited to patent citations. Box 56, References Cited, may also point to external sources, including academic journal articles, company websites, manual and catalogs, and other relevant materials. Generally at least one patent will be cited. 

Types of patent searches

There are five different approaches to patent searches. These use patent information for different purposes, depending upon the needs of the end user. 

Approach 1: Theme searches. This approach is used to provide a general overview of innovations being claimed in a specific discipline or topical area. 

Approach 2: Patentability searches: Evaluates the existing body to determine if a proposed application is novel and is likely to succeed.  

Approach 3: Infringement searches: Evaluating the body of the patent literature for infringement of a specific awarded patent. 

Approach 4: Invalidity searches: Identifying existing patent literature that indicates that a specific patent application is not novel, and therefore should not be awarded. 

Approach 5: Family patent search: Identifies all equivalent awarded patents globally.