1

Introduction to Patents

Charlotte Erdmann

Engineering Library

October 2005

Patent and Trademark Depository Library Program 2

Goals Today

Discuss the basics of intellectual property emphasizing patents

Introduce classification Discuss searching

Patent and Trademark Depository Library Program 3

Types of Intellectual Property

PatentsTrade secrets TrademarksCopyrights

Patent and Trademark Depository Library Program 4

Patents

Congress shall have the power...To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. United States Constitution Article I, Section 8,

Clause 8

Patent and Trademark Depository Library Program 5

What Is a Patent?

Grant of a property right by the Government to an inventor (or heirs or assignees) for a limited period of time

Right to exclude others from making, using, offering for sale, selling or importing the invention into the United States

Patent and Trademark Depository Library Program 6

What Can Be Patented?

ProcessesMachinesManufactured

articlesCompositions of

matter

AnimalsAsexually

reproduced plantsOrnamental design

of useful objectsImprovements

Patent and Trademark Depository Library Program 7

Types of Patents

Non-provisional Utility Design Plant

Provisional One year to file non-provisional or lose

rights to patent

Patent and Trademark Depository Library Program 8

What Can Not Be Patented?

Printed matterObvious devicesUseless devicesPerpetual motion machinesNuclear weapons

Patent and Trademark Depository Library Program 9

Is Invention Patentable in U.S.?

No, “If invention is known to others in this country, or patented or described in a printed publication in this or a foreign country”

No, “If patented is described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application.”

Patent and Trademark Depository Library Program 10

Similarities and Differences between U.S. and Most Countries

United States First to invent; lab

notebooks may be important to prove first to invent

Application must be filed within one year of publication, etc.

Disclose prior art

Most countries First to file, i.e. first to get

application to the office.

No publication or public diclosure before application

Prior art disclosure is not necessary

Similarities: Patent rights are enforceable in a country in which you have an issued patent.

Differences:

Patent and Trademark Depository Library Program 11

Statuatory Requirements of Patentability

NewUnobviousUsefulFull disclosure

Patent and Trademark Depository Library Program 12

Full disclosure – sample patent

BackgroundSummaryDrawingsDetailed descriptionClaims

Patent and Trademark Depository Library Program 13

Claims

Give a patent its powerExclude others from making, using,

offering for sale, selling or importing the invention into the United States

Must be enforced by the inventor or assignee in infringement cases

Patent and Trademark Depository Library Program 14

Terms of Patent

Utility and Plant 20 years - application date

Previously 17 years - issue date

Design 14 years from issue date

Patent and Trademark Depository Library Program 15

Maintenance Fees for Utility Patents

Fees Paid to Keep Patent Active 3 ½ years 7 ½ years 11 ½ years

If Not Paid, Patent Term Ends Early

Patent and Trademark Depository Library Program 16

United States Patent Patent Number: 5,832,769

Schultz Date of Patent: *Nov. 10, 1998

APPARATUS FOR NECKING CAN BODIES

Inventor: Robert H. Schultz, Golden, Colorado

Assignee: Coors Brewing Company

Patent and Trademark Depository Library Program 17

United States Patent Patent Number: Des. 402,198

Schultz Date of Patent: ***Dec. 8, 1998

BEVERAGE CAN WITH TAPERED PROFILE AND FOOTBALL SURFACE ORNAMENTATION

Inventor: Robert H. Schultz ; William A. Sedgeley both of Golden, Colorado

Assignee: Coors Brewing Company

Patent and Trademark Depository Library Program 18

United States Patent Patent Number: PP10,723

Butcher Date of Patent: Dec. 15, 1998

CHRYSANTHEMUM PLAN NAMED ‘KIAH’

Inventor: Butcher; Thomas A. (800 Field St., Lakewood, CO 80215)

Patent and Trademark Depository Library Program 19

What’s New? Many Applications Published Since 2001 (18 months)

(54) Drink Spout System

(76) Inventors: Scott H. Stillinger and Donald J. Panek

Patent and Trademark Depository Library Program 20

Access to Patents – Web and Purdue’s Engineering Library

Direct web 1790-date

http://www.uspto.gov/patft/index.html

Purdue has: DVD (Issued Patents) 1790-date DVD (Published Applications) 3/2001-date Microfilm (Issued Patents) 1950-1999 Paper, Class 244 (Aerospace) Thru 1979