PTRC: Patents, Trademarks, and Copyrights: Patent
Patent Basics
A patent is a property right granted "to exclude others from making, using, offering for sale, or selling" an invention in the U.S., or importing the invention into the U.S., according to the language of both the legal statute and the patent grant. This right only excludes, and does not give the right to do any of the above. Enforcing the patent is the responsibility of the inventor/patent owner.
In the U.S., patents are issued at the federal level by the United States Patent and Trademark Office (USPTO).
- Introduction to PatentsA micro-course on patent basics from University of Wisconsin-Madison Libraries.
- Inventor HandbookAn online handbook from Lemelson-MIT addressing an inventor's most frequently asked questions.
There are three types of patents:
1) Utility patents, which may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents, which may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3) Plant patents, which may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant (excluding tubers), under 35 U.S.C. 161.
In order to be patented, an invention must meet patentability requirements. It must be new, useful, and non-obvious.
What cannot be patented:
- Laws of nature
- Physical phenomena
- Abstract ideas
- Literary, dramatic, musical, and artistic works (these can be copyrighted)
- Anything not useful or offensive to public morality
- Patents and PatentabilityA tutorial produced by the University of Minnesota Libraries.
- MPEP 2100: PatentabilityManual of Patent Examining Procedure chapter 2100 explains how patent examiners are to determine the patentability of an invention.
- Patent Process OverviewA step-by-step guide for the whole patent process.
- Patents through history: 10 million patentsThe USPTO's celebration of reaching the milestone 10 millionth patent, issued on June 19, 2018.
Resources by Patent Type
- Utility Patent Flow ChartDescription of the process of applying for and obtaining a utility patent from the USPTO.
- Nonprovisional Utility Patent Application Filing GuideThe full USPTO guide to applying for a non-provisional utility patent.
- Utility Patent Legal DefinitionCornell's LII Wex definition of a utility patent.
- MPEP Design Patent ChapterManual of Patent Examining Procedure (MPEP) Chapter 1500, which covers design patents.
- Design Patent Aplication GuideUSPTO's definition of a design and guide to design patent applications.
- Global Design DatabaseWIPO's global database of industrial designs, from all participating regional and national offices.
- Industrial Design IP PolicyUSPTO's webpage for IP policy on industrial design.
- General Information about Plant PatentsUSPTO's general guide to plant patents.
- A Green Industry Guide to Plant Patents and Other IP RightsUniversity of Tennessee's Institute of Agriculture Department of Plant Sciences publication on plant patents and associated IP rights. Covers utility patents, trademarks, and more.
- Plant Patents Image DatabaseUniversity of Maryland Libraries' digital collections partnered with their PTRC to make these digital versions of color images.
- Index to Plant Patent Color ImagesNYPL's charts with a list of postings of color images of plant patents from April 17, 2012 through November 28, 2017.
Patent Publications
- WIPO MagazinePeriodical published by the WIPO, discussing IP across the globe.
- Official JournalThe European Patent Office's official periodical.
- Patent AlertEmail publication of news and alerts about U.S. patents.
- Journal of the Patent and Trademark Office SocietyA long-running periodical focusing on U.S. IP.
- Inventor's DigestFree online publication for independent and professional inventors.
- Patently-OPatent law blog from two law professors.
- IP WatchdogLong-running IP news blog.
- Patent DocsPatent blog written by several contributors who are patent attorneys and agents.
Introduction to Intellectual Property by ISBN: 9781951693343Publication Date: 2021-02-24An open resource book by Rice University's OpenStax. Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets.
Entrepreneurship by ISBN: 9781947172708Publication Date: Jan 16, 2020An open resource book by Rice University's OpenStax. This is an introductory undergraduate-level text.
Patent Searching
Searching for extant patents is an integral first step towards obtaining one. By searching patent databases, inventors and entrepreneurs can:
- Ensure no other similar invention or patent already exists;
- Start a comprehensive prior art search;
- Build familiarity with new advances in the field;
- Find market information;
- Avoid repeating similar research; and
- Track competitors' IP and innovation progress.
- MIT's "Why Search for Patents?"A brief video explaining the advantages of performing a patent search and why they are important to research.
- Why Do a Patent Search?A brief explanation of the importance of patent searching from Harvard Library.
- Patent Public Search Micro Tutorials A set of brief instructional videos by the USPTO covering the basics of Patent Public Search.
- How to Search for Patents A step-by-step tutorial from the USPTO on searching for patents, emphasizing their resources.
- Patent Searching A tutorial produced by the University of Minnesota Libraries. This short tutorial provides searching resources and tips.
- Basics of Patent Searching by WIPO Covers basic concepts like what prior art is, the importance of searching prior art, and how and where to conduct efficient searches.
- EPO e-Learning Centre From the European Patent Academy; sign up for future webinars or watch on-demand training. Some may have associated fees.
- Patent Classification A free course from the EPO on Cooperative Patent Classification (CPC).
- Using Patent Information Sign up here for WIPO's free, interactive e-tutorial on how to use and exploit patent information. About 8 hours of material. Registration required.
What is patent classification?
The Cooperative Patent Classification (CPC) scheme was developed by the USPTO and EPO in 2013, and has since been adopted by many patent agencies worldwide. The CPC organizes patent technologies into groups based on common subject matter in a hierarchical system. All participants assign patents CPC numbers.
Why is classification searching recommended?
Patent search strategies based on CPC schema are the most reliable. CPC numbers are standardized, grouping together similar concepts that may have different descriptive terms, and remain constant across different countries.
- Cooperative Patent Classification (CPC) Home website for the CPC system partnership.
- CPC Scheme Index Full CPC scheme listing.
- United States Patent Classification (USPC) Index Index to the USPC, the classification used by the USPTO prior to 2013/CPC. It is still used for design patents.
- U.S. Design Patent Classification U.S. design patents use United States Patent Classification, not CPC. This site gives you all the information you need on design classifications.
- U.S. Plant Patent Classification Schedule Full listing of the classification schedule for USPTO plant patents.
- WIPO Guide to the International Patent Classification The WIPO guide to the International Patent Classification (IPC), which follows the same system as the CPC. It provides information on objectives, history and reform of the IPC and assistance in its use.
- Patent Public Search The USPTO's official database and search platform for all granted patents and published patent applications.
- Patent Assignment Search (USPTO) A searchable database that contains all recorded patent assignments starting in August 1980.
- The Lens Global patent search and database (formerly Patent Lens). Most recommended by PTRC reps.
- Espacenet (EPO) EPO patent database classification-based search tool.
- Patent Scope (WIPO) World Intellectual Property Organization (WIPO) patent database.
- FPO (Free Patents Online) Free online patent database and search engine.
- Quick Reference Guide to Patent Public SearchA search overview document with tips and strategies for the Patent Public Search database. Includes tables of Boolean, proximity, and wildcard operators, and a list of indexes for field specific searches.
- Patent CenterElectronically file and manage patent applications; view correspondence between the examiner and the inventor (or attorney) of a patent application or granted patent; download patent references, documents, and bibliographic information.
- Official Gazette for PatentsPublished every Tuesday in electronic form, the Official Gazette for Patents contains bibliographic (front page) text, a representative claim, and (if applicable) a drawing of each patent issued that week.
- What is Prior Art?Prior Art is any evidence, in any form (published or unpublished), that an invention already exists, or is known. Read more details on prior art and competing art from the EPO.
- Kind CodesThe USPTO assigns a letter and/or number to a patent document (usually an application or patent grant) to distinguish its kind (i.e., plant, utility, or design).
- Filing Years and Patent Application Serial NumbersAll filing years and patent application serial numbers for patent applications filed with the USPTO since 1882, listed in a table.
Relying on keywords when searching patents can be unreliable. Some common problems include:
- Vague or inconsistent terminology
- Missing results that use obsolete terminology
- "LP" record albums
- "water closet"
- Confusion from the same word with different meanings
- "mouse" the animal v. computer "mouse"
- Impossibility of searching all possible synonyms
- Rodent Extermination Device v. mouse trap
- Spelling errors or variations, in both patents and search terms
- Inconsistent acronyms and abbreviations in both patents and search terms
- PDA v. personal digital assistant
- Patent titles rarely correspond to an invention's common name
- Horological Instrument with Musical Simulated Avian (Cuckoo Clock)
- Generally Spherical Object with Floppy Filaments to Promote Sure Capture (Koosh Ball)
- Patent databases limit keyword searchable patents
- Google Patents: only as far back 1880s
Working with Patents
- How to Read a U.S. PatentQueen's University explanation of how to read a U.S. patent.
- Anatomy of a Patent
An introduction to the contents of a U.S. utility patent created by UMass Amherst and Queens University. - Tips for reading patents: a concise introduction for scientistsAn article published in the peer-reviewed journal "Expert Opinion on Therapeutic Patents".
- PatentsViewData analysis and visualization tools, including APIs and data query builders, focused on global IP data.
- Patent StatisticsGeneral statistics and patenting activity profile reports periodically released by the USPTO's Patent Technology Monitoring Team.
- Open Data PortalUSPTO portal to public patent and trademark data provides numerous APIs, datasets, and analytics.
- Data Visualization CenterUSPTO's data visualizations for patents, trademarks, and their associated governing bodies.
- Global DossierSingle source for file histories of applications from the IP5 Offices (USPTO, EPO, JPO, KPO, SIPO).
- How to Cite PatentsUniversity of Iowa Libraries patent citation guide, including ACS, Chicago, IEEE, CSE, and AMA styles.
- How to Cite PatentsUniversity at Buffalo Libraries patent citation guide, including ACS, APA, Chicago, IEEE, and MLA styles.
- Citing PatentsOntario Tech University Library's guide to patent citations and using citation managers.
- USPTO Enforcement PolicyUSPTO policy and resource links for IP enforcement and protection.
- International Patent SystemThrough the Patent Cooperation Treaty (PCT), it is possible to protect patents internationally by filing through the international patent system.
- intellectual Property TrainingOnline tutorial from STOPfakes.gov covering different types of IP, how to protect them, and available enforcement options.
Infographic by USC Gould School of Law Online
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