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Written by : Virgil Isgrigg |
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did you know that you have to use a boolean string to properly search prior art in the database you might not have found them stick around to learn about what you need to know before you do your patent searchhey everyone I'm JD Hooven our managing partner grab old patents law firm I'm so excited to be with you here today to talk about the six steps that you gotta take to perform a patent search the right waystep one making sure you understand what a patentability search really is and what it's not patentability kind of a long word right pad obviously you kind of get that patent is a-- is the grant the government gives you twenty years exclusive rights once you have your invention granting the patentability just sort of pass the question is this even possible someone else already invented to invent it and so to get a grasp on what the search really is what would encompasses you've got to start with eligibility so patentability comprises eligibility novelty non-obviousness and the last part utility so let's first talk about eligibility so eligibility is all the argued in the right ballpark is that's the right area of law for you and you might think okay well I've got this new invention is it really something that qualifies so first up is section 101 this is invention eligible and so we got to think about this alright look at the law the way it is you have three main areas the first one is is it an abstract idea so this invention is more akin to like a natural phenomenon or akin to late part of what's already out there in the world that is going to be not eligible for patenting another thing is not eligible for patenting is processes that are purely financial or mainly human interactions those are not that multiple either the patentability opinion is something that's generated by an attorney it's not something put together by a patent agent or someone else in the industry in marketing and that sort of thing nothing's mentioned any names but there are plenty of firms out there touting their expertise packs that aren't necessarily the patent attorneys if a patent attorney is you may not know you've had those for four years of engineering school go to law school and then pass a patent bar on top of the state level so patent attorneys fine credential and they're trained to specifically help you the inventor so what a patentability search is is researching worldwide looking at not just the United States but every country or anywhere on the internet an information about conventional invention like yours could be found the examiner once you get your applications submitted is gonna do this same thing here at bol we put ourselves in the shoes of the examiner to do the best job we can to make sure we could do the information you can make the best decision so by searching the world we've got to start with the best sand databases and believe your mind the Google is where we start so we're gonna get into that down the road another thing about patent searches art it's not just a matter of searching in your exact invention as we're going to talk about invention disclosures key and so we're talk about how how it is that your invention may first look and as we thought what your invention will actually expand it out from there lately if it's cheap under five hundred dollars even hundred thousand dollars that's kind of indicator that there's really probably not an attorney involved and I actually seems we get clients to come in and see us and say look I've already got the patent searches are done let's move on to the next stage and they'll bring in this you know phonebook size copy of a patent search and it was produced you know in mass volume to kind of seem like it was a very enriched thorough search when they just put it up the whole length of the bad documents that they found and just printed in a big volume what these searches tend to lack is an actual opinion that you can rely on to make a decision about what you poor or not with your patent application you may not know patent applications in the whole process be many thousands of dollars so it's no small drop in the bucket let's make a decision about this so a patent search alone is good but it's not what you need to move the next phase of need is an opinion by a patent attorney step 2 invention disclosure the inventor you right you've got your invention this is your baby and we get that when you come to an attorney like this we're going to sit down with you and talk but sure your invention and how you might have I'm bringing this to market but what's bigger bigger picture mention in terms of what it could look like and all the alternative embodiments that could it should be that's what we be performing our patent building search on this greener version of your invention think about other materials you could use think about the ways of this the two parts could fit together if it wasn't using the vault right some some took the fastenings no rivet or a wound I'll say a couple that's that's from a detachable removable piece lots of different ways that parts can move and change interchange and even be part of a new industry so if it's a safe part of our job is to help thing better expand their inventions so we can conduct a really good proper search part of what's involved in extend doing this expansion as I mentioned is getting to the heart of the invention and giving the inventor to tell us about their invention and so this process called the invention disclosure process calls them to fully relate what they've been through some of the first things we talk about with invention disclosure is the history history right how far back did it did it first it can see when did the inventor or co-inventors first create this invention that's what we want to look back on harness the intent what was involved in that right up front moment then it's very important from their stuff at a time line when the invention if ever was disclosed or sold to the public unfortunately to spend more than a year since you've published or sold your invention it's not eligible for fighting so this first step of getting the history down is key the second step you're going to talk about within step two is making sure you get the invention employments or employer history figured out too often times we have inventors that are working day jobs and you might be - if you're listening and watching this inventions can certainly be created on the job or even after hours it's important understand that many companies have very strong rigorous contracts that will actually cause you to have to assign getting given rights to your invention to your employer if it was invented on the job and even if it's related to your job you did it off hours they have rights to own them so that's important to understand the employer employee really moving forward the next part of the invention disclosure process is taken like at the authority if there is one for Hardware consumer products this is important because it getting your hands on it releasing photos or videos of the actual invention now if the patent attorney see the different features this is important
Thanks for your comment Leland Boulds, have a nice day.
- Virgil Isgrigg, Staff Member
want to know how to look up patents this video is going to give you everything you need to know to look up patents regardless whether you just have information that says it's something is patent pending whether you have a number or whether you just have a company name so stick around we are starting right now so for those of you who are new here my name is dylan adams i am a patent attorney and author of the best-selling book patents demystified which is an insider's guide to protecting ideas and inventions used by startups inventors entrepreneurs worldwide including at top universities like harvard stanford and mit you might also recognize me from my appearance on cnbc's hit show the uh the prophet with marcus lemonis so this channel is all about giving you the insider tips on protecting ideas and inventions that i use every day with my clients whether they be fortune 100 companies startups or shark tank companies so be sure to subscribe the channel for more and hit that little bell icon so you don't miss any videos all right let's go ahead and get right into it so when answering the question of how to look up patents i'm actually going to give you information on how to look up issued patents and pending patent applications the reason is because most people use the term patent incorrectly and they'll they'll use the term patent to describe pending patent applications they're actually very different so you have to file a patent application and the patent application has to go through the examination process at the united states patent and trademark office and then the patent will hopefully be allowed and then will issue as a patent so you have the stage where you have a patent application where it's called a only a patent application and then if that patent application is allowed and issues then you can call that a patent and so most of the time people are going to be saying looking up patents and what they really mean is looking at patents and patent applications so keep that in mind i'm going to be talking about both patent applications and patents when i talk about looking up patents in this video now when i'm looking at patents or patent applications i usually use one of two sources one is going to be the united states patent and trademark office which is uspto.gov or i'll just use google patents i think google patents is probably a better interface that's what i tend to use more it's a lot easier to quickly look up related prior art and to download a pdf of the patent application or the or the issued patent and it's easier to do keyword searches and i think that it's a little bit faster than the uspto website so i tend to use google google patents that tends to be my favorite but there are some times especially where there's new publications where google hasn't captured the new publication data some new stuff may not be captured on google patent so you may have to do some redundant searching or especially if you're searching for things that are really new or you're having trouble finding things you may need to do some searching on the uspto website because that's the official database where all patent publications and issued patents are going to be stored and where you're where anybody else is going to be getting things that's where the official stuff is and that's kind of the important thing to note here is that you know everything this is going to be published patent application issued patents and they're issued by the uspto and they are published by the uspto now you're going to have a really easy time if you have some sort of number to look up and there are going to be three main numbers that you that you hopefully will have if you're going to be able to look up a patent or pending patent application or publish patent application so every patent application and every issued patent has a patent application number so you file a patent application you get an application number and when that patent issues that patent application number is still associated with the issued patent number so the other number is going to be the issued patent number you only get an issued patent number after the patent application has been filed ever goes to the examination process after it's allowed an issue fee is paid and then it actually issues as a granted patent that's when you'll get a patent number so then also there can be a publication number so by default patent applications are held in in secrecy for 18 months from their earliest priority date so if you start with a non-provisional patent application it will publish 18 months after you file that original non-provisional patent application or if you start with a provisional patent application wait a year and then file a non-provisional patent application the non-provisional patent application will then will then publish eight months after you file the non-provisional patent application there are some exceptions so um you can file what's called a non-publication request um you can you can say hey uspto i don't want you to publish my patent application while it's still pending it will still have to publish if it issues as a patent so every issued patent will publish and be publicly available but not every pending application will publish you can you can just file a non-publication request if you want to but you're not able to file a non-publication request if you file for foreign patent protection i would say most of the time people don't file non-publication requests but keep them keep in mind though when you're searching for stuff um especially if you don't have a patent application or or patent number or publication number um that you know something may not be public there may be patents or patent or they may be patent applications out there but they just may not be published so you're probably asking yourself what do these patent applications look like so let me give you some examples so let's start off with the patent application number so the patent application number it's going to have eight digits and typically it's going to be two numbers a slash and then three numbers a comma and three numbers i'll give you an example here and i'll give you an example here so there's uh you know like you know as you can see two numbers and typically it's going to be you know something that's going to be kind of low you know a lot of times it's going to be say 15 or 16. there's going to be a slash and then there's going to be six numbers um three numbers separated by a a comma with another three numbers you know sometimes people don't use the slash sometimes people don't use the comma but this is how you're going to be able to tell if you have a patent application number and for patent publications you can usually tell those right off because they're going to have 11 digits starting with a year that's going to be four digits so i'll give you an example here and i'll give you an example here so you have a year and in in four digits so it could be 2020 it could be 2015 2017. typically there's going to be a slash and then there's going to be seven digits every once in a while because you know it's ther
Thanks Tracy your participation is very much appreciated
- Virgil Isgrigg
About the author
I've studied pan-american history at Vaughn College of Aeronautics and Technology in Flushing and I am an expert in mexican history. I usually feel shocked. My previous job was radiation protection engineer I held this position for 22 years, I love talking about car tuning and cosplay. Huge fan of Jennifer Lawrence I practice canoeing and collect military items.
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