PRIOR ART
Prior art refers to any evidence or information that shows that an invention, idea, or concept is already known before a patent application is filed. It includes previous patents, scientific papers, products, or any public disclosures that are relevant to the invention. Prior art helps to determine whether an invention is novel and non-obvious, which are essential criteria for patentability.
Prior art consists of information disclosed to the public including:
- Existing patents – Previous patents that describe similar inventions or technologies.
- Scientific journals – Published research papers detailing concepts or innovations already known.
- Product documentation – User manuals or marketing materials describing products that have similar features.
- Public demonstrations – Any public showcasing of technology or inventions before a patent application.
- Online publications – Blog posts, websites, or articles that explain or disclose the idea before the patent filing.
These sources show that the invention was already known in some form and may affect the patentability of a new idea.
CHALLENGES WITH RELYING ON KEYWORD SEARCHING
- Vague or inconsistent terminology: “Toy and Process of Use” (Patent 2,415,012)
- Obsolete names and terms: “LP” … “hi-fi” … “laser disc” … “water closet”
- Different meanings in different fields: “mouse” the animal v. computer “mouse”
- Synonyms: Rodent Extermination Device (Patent 5,185,953)
- Some text may have British spellings: Colourv. Color, Tyrev. Tire
- Spelling errors and variations: Repellant v. repellent, Three wheeled v. tri-wheeled
- Acronyms and abbreviations: LED, light emitting diode
BIGGEST CHALLENGE OF KEYWORD SEARCHING
- Text patent databes limit keyword searching to no earlier.
- Searching by classification allows access to all US patents.
What is classification?
A Classification system is a system of hierarchical categories used to organize like “things” by their characteristics and relationships
WORLDWIDE CLASSIFICATION SYSTEMS
What is a CPC?
- Joint partnership with the European Patent Office (EPO)
- Harmonization of the USPC and ECLA
- The CPC is divided into eight main areas, A-H
SIX-STEP US PATENT SEARCH STRATEGY
Strategy for searching U.S. patents and published patent applications to locate and evaluate relevant prior art; any previous publication that discloses an invention and would preclude issuance.
SEARCH. EXAMPLE: UMBRELLA
We have invented an umbrella with a new rib design to eliminate the umbrella collapsing or inverting due to winds.
STEP 1: BRAINSTORM TERMS DESCRIPTION
Possible questions
What is the purpose of the invention? It’s utilitarian device or an ornamental design?
Is the invention a process a way of making something or performing a function or is it a product?
Purpose: Umbrella has a new rib design to eliminate an umbrella collapsing or inverting due to high winds
Invention: An improvement in umbrellas to eliminate need for frequent replacement of umbrellas
Invention components: Framework with ribs, stretchers and a mainframe, securing rings, mounting brackets, joint connectors, fabric connectors, fabric linkage bar
How used: As needed in protection from the elements
Other terms (in addition to above): parasol, sunshade, support assembly or apparatus, windproof, wind-resistant, etc
STEP 2: KEYWORD SEARCH
- Use Boolean operators: OR & AND
- Include wildcard symbols (*)
- Incorporate quotes to group searches phrases
- Filter by selected fields
STEP 3: CONDUCT IN DEPTH REVIEW OF PATENTS YOU SELECTED BASE ON FRONT PAGE INFORMATION
- Review each U.S. patent you selected in-depth for similarity to your own invention.
- Look at other sections of the patent—additional drawings pages, the specification, and especially the claims.
- References cited by the applicant and/or patent examiner may lead you to additional relevant patents.
- Save the most relevant U.S. patents you find.
- Refine and repeat searches.
STEP 4 –RETRIEVE AND REVIEW PUBLISHED PATENT APPLICATIONS USING THE CPC YOU IDENTIFIED
STEP 5 – CITED REFERENCES
STEP 6 BROADENING YOUR SEARCH
- Extend your search to foreign patents and published patent applications using CPC classification, and re-run your search using Espacenetat http://worldwide.espacenet.com.
- Search non-patent print and electronic publications: books, journals, websites, technical catalogs, and conference proceedings.
- Hire a registered patent attorney or patent agent to review your search
SOURCE; USPTO
ACCESS CPC SCHEMA
- Go to the USPTO home page at www.uspto.gov.
- Search for CPC classification schema using the search box on the home page or the search box in the top right-hand corner.
- Use specific language for your search terms: CPC scheme umbrella
- From the search results page, click an entry for a Class-Subclass Scheme page.
- If not satisfied with your results, rerun your search using synonyms that you identified in Step 1.
RESULTS
ACCESS CLASSIFICATION DEFINITION
- If the selected classification has a “D” to the left, it’s a hyperlinked to a CPC definition.
- CPC definitions are helpful in establishing the scope of the relevant classification. A45B 25/22 definition relies on images (below), however, most CPC definitions use text.
