Has It Been Done Before? Optimize Your Patent Search Using Patent Scraping Technology

Since the US patent office opened in 1790, inventors across the United States have been submitting all sorts of great products and half-baked ideas to their database. Nowadays, many individuals get ideas for great products only to have the patent office do a patent search and tell them that their ideas have already been patented by someone else! Herin lies a question: How do I perform a patent search to find out if my invention has already been patented before I invest time and money into it?

The US patent office patent search database is available to anyone with internet access.

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

Performing a patent search with the patent searching tools on the US Patent office Webpage can prove to be a very time consuming process. For example, patent searching the database for "dog" and "food" yields 5745 patent search results. The straight-forward approach to investigating the patent search results for your particular idea is to go through all 5745 results one at a time looking for yours. Get some munchies and settle in, this could take a while! The patent search database sorts results by patent number instead of relevancy. This means that if your idea was recently patented, you will find it near the top but if it wasn't, you could be searching for quite a while. Also, most patent search results have images associated with them. Downloading and displaying these images over the internet can be very time consuming depending on you internet connection and the availablity of the patent search database servers.

Because patent searches take such a long time, many companies and organizations are looking ways to improve the process. Some organizations and companies will hire employees for the sole purpose of performing patent searches for them. Others contract out the job to small business that specialize in patent searches. The latest technology for performing patent searches is called patent scraping.

Patent scraping is the process of writing computer automated scripts that analyze a website and copy only the content you are interested in into easily accessible databases or spreadsheets on your computer. Because it is a computerized script performing the patent search, you don't need a separate employee to get the data, you can let it run the patent scraping while you perform other important tasks. Patent scraping technology can also extract text content from images. By saving the images and textual content to your computer, you can then very efficiently search them for content and relevancy; thus saving you lots of time that could be better spent actually inventing something!

To put a real-world face on this, let us consider the pharmaceutical industry. Many different companies are competing for the patent on the next big drug. It has become an indispensible tactic of the industry for one company to perform patent searches for what patents the other companies are applying for, thus learning in which direction the research and development team of the other company is taking them. Using this information, the company can then choose to either pursue that direction heavily, or spin off in a different direction. It would quickly become very costly to maintain a team of researchers dedicated to only performing patent searches all day. Patent scraping technology is the means for figuring out what ideas and technologies are coming about before they make headline news. It is by utilizing patent scraping technology that the large companies stay up to date on the latest trends in technology.

While some companies choose to hire their own programming team to do their patent scraping scripts for them, it is much more cost effective to contract out the job to a qualified team of programmers dedicated to performing such services.

Learn more about the other uses of scraping technology such as website maintenance and data collection at http://www.scrapegoat.com.

Patent - Business Method Patents - Part II

In this second article on business method patents we're going to continue our discussion on what happens when two companies are battling it out for the same patent.

There are two ways that an Internet patent can be used. The first way is to use it offensively against a major competitor to help eat into their market share. The second way is to use it defensively against a major competitor who is threatening to sue based on one of their patents. Case studies show that most companies are less likely to go to court when the opposing company can show that it has a patent. Usually these companies agree to a truce by cross licensing each other's patents.

Here is an example of this.

Company A and Company B both sell tickets online. This includes services for exchanging unwanted tickets and also earning rewards for being a frequent purchaser. Company A happens to hold a patent on a method of exchanging tickets. Company B has a patent on a way of exchanging rewards points. Even though each company believes that the other company is infringing on their patent neither one goes to court over it. Instead they decide to cross license their patents so that each company can perform both services, exchanging tickets and rewards points.

So how is it determined who gets a patent? What happens when business A applies for a patent but business B can show that it was using the method for a year prior to filing? Business B can either stop the patent from going through right then and there or it can wait and invalidate the patent at a later time. The key to this whole procedure is that the use of business B's method MUST have been public knowledge prior to business A filing for a patent. If business B used the patent confidentially then business A will be granted the patent even though business B used the method first. However, in a 1999 amendment to this law, even though business A gets the patent, business B can still use the method without any penalty.

An example of this is as follows. Business A has been using a certain method of accounting for many years but never disclosed it to the general public. Company B, over the course of time and totally unaware that business A has already created this method, develops the method themselves and files for a patent. When company B finds out that company A has been using this accounting method they file a lawsuit against company A. Company B is granted their patent but company A is allowed to continue its use of the method without any penalty of law.

Just as a note. If company A had been using the method publicly before company B filed for the patent, the patent issued to company B would have been invalidated or possibly would have never been granted at all.

In the next article in this series we're going to discuss the legal requirements for getting a business method patent.

Michael Russell
Your Independent guide to Patents

Types of Patents Granted by the USPTO

Inventions may qualify for a utility, a design or a plant patent as set out by the United States Patent and Trademark Office (USPTO). This article attempts to provide you with an overview on each of these patent types.

Examples of utility based inventions are everywhere. Most mechanical objects fit under this category. A rocket engine, paperclip and a new drug are all examples of utility based inventions. The variety between these objects is vast, but they all fit under the same category; those with utility.

Design patents are those that incorporate a design into an object of manufacture. A good example is a new design for a headboard.

As you can guess, plant patents are those covering new plant varieties. But there are some stipulations with plant patents. Plants that have been bred are acceptable, while plants growing naturally in the wild will never qualify. Oddly enough, plants that are sexually reproduced also never qualify. Only those that are asexually reproduced (i.e., they are reproduced by making a cutting, layering, grafting or inarching) qualify for a patent.

 Lisa Parmley - Registered Patent Agent Review free articles on inventing and patenting: Patent Your Inventions

Free Patent Search Information and tips

Free Patent Search Training in Free Patent Database online

The first step to find out if you invention can be patented is to conduct a free patent search online in any free patent information database online. How can you do a free patent search to find out if your invention can be patented?

Some of the most popular free patent databases in the world are http://www.uspto.gov, http://ep.espacenet.org, http://www.wipo.int and http://www.surfip.gov.sg.

We will briefly discuss in this article how you can conduct a Free Patent Search in USPTO database. This is the first of the seven articles that we will write to teach any one to use USPTO website to conduct patent search.

USPTO database contains over 33 million patent documents and is updated every week. The website is probably the largest patent website in the world. It provides a free patent search facility for both beginners and advanced users.

How can I conduct Patent Search at USPTO?

The answer to this question is given in a technical way in many websites. We will try to avoid the jargon and we will try to enable even a layperson that is not exposed to search databases regularly to do it easily.

The USPTO deals with conducting a Patent Search using its freely searchable patent database through the Internet. The instructions are given at
http://www.uspto.gov/web/offices/ac/ido/ptdl/step7.htm The USPTO stresses the importance on 7 Steps each one to be done one after the other.

The Patent Search website Tmpsearchers.com has started a patent training course online. We can train you online wherever you live and the lessons and exercises are sent on a daily basis for three weeks. We teach a simplified version of methods to our students using Free Patent Databases. Although a paid database is more users friendly, the official free databases are updated with regular data and the expensive paid databases take some time (a short time) to update themselves to be current. Therefore it is necessary to conduct a search in the official free patent databases online even after using paid patent databases. A proper training and search strategy for free databases is therefore very important.

One problem is that the USPTO does not allow you to do the free patent search on patents granted prior to 1976 unless you start the patent search with the class and sub class alone. So you need to identify the classes and then do a patent research of pre 1976 patents also.

Our method slightly differs from the methodology advised by USPTO and consists of 9 Steps.

1. Start the search with some relevant keywords

When you do a search using USPTO you will go to the search inter-face at http://www.uspto.gov/patft/index.html Start with the issued patents and start with using some keywords, which are relevant to your invention. You may use either the quick search method or the advanced search method. Be sure to study the help pages at http://www.uspto.gov/patft/help/help.htm and especially the page at http://www.uspto.gov/patft/help/helpadv.htm if you are going to use the advanced search method.

2. You will get some results and by using more relevant keywords you can reduce the number of patent titles to a minimum of about 40. Please keep a record of all the keywords that you used.

3. Please note all the classifications of cited in these patents. Note both the US Classification and the International Classification of Patents. This is a must.

4. Repeat the patent search with the Published Applications using http://appft1.uspto.gov/netahtml/PTO/search-adv.html Again record the search queries and the classifications.

5. Now study the classifications that are repeated time and again in your results and try to narrow down the invention to some particular classifications. It is not very difficult to do although it will take some time.

You may learn the other four steps by in our patent training web page.

These steps should give you a very comprehensive picture of the free patent search that can be done at USPTO.

A similar strategy can be followed at other free patent databases online using the International classifications that you have identified.

Working at the Free Patent Search website Tmpsearchers.com we find that we are able to find patents easily when we do patent search this way, but the key here is to master the keywords to be applied to conduct the patent search. If you want to know more or learn other advanced techniques of patent search using the free patent search interface of USPTO patent database, please contact us for any help needed.

Ramaswami a Patent and Trademarks Attorney in India provides free counseling in Patents and trademarks in India. Know more about the services you can ask for at http://www.tmpsearchers.com/contact.asp

Inventor Help: Go Hire A Great Patent Lawyer

Inventors should review hiring a top tier patent attorney, versus filing on their own or even worse doing nothing to protect their most important asset.

Inventors should review hiring a top tier patent attorney, versus filing on their own or even worse doing nothing to protect their most important asset.

A patent is the property right given by the U.S Patent and Trademark Office to an inventor. It gives the inventor an exclusive right over the invention preventing others from making, using or selling the invention stated in the patent deed. The main purpose behind issuing of patents is to enable the inventor in recovering developmental costs and help in facing the competition.

The patent is a way to extend legal protection to the inventions ranging from communications to technology. However, the process to get patents is long and tiresome and it is where the need of a Patent Lawyer is felt. The process to get patent is not simple. You need to argue your case as to why your invention is worth any patent and how the invention is different from other products already in the market. Patent applications seldom get accepted in the first instance. The role of the patent lawyer is to redo the application and submit it again with new information so that it is accepted.

The patent lawyer makes an inquiry about the invention or idea and then conducts a search whether a patent has already been issued for a product or service similar in characteristics. It is only after a complete and thorough inquiry that the patent lawyer advocates the case for the issuing of a patent. However, the inventor can himself search for the validity of a patent by going through the Patent and Trademark Office's Web site at www.uspto.gov. It generally takes three years for the patent application to clear because of huge stack of applications in the Patents Office.

How do I register for a patent?

Filing for a patent application electronically, by using EFS, the USPTO's electronic filing system for patent applications saves a lot of time. The various types of patent applications are:

- Utility Patent Application
- Design Patent Application
- Plant Patent Application

The patent lawyer makes the complicated and tiresome process of getting a patent simple and trouble-free.

For additional information and tips for inventors, please review:
http://www.hjventures.com/patent/patent-inventions.html

Howard Schwartz is a partner in several business strategy groups, including HJ Ventures International, Inc. For more information: http://www.hjventures.com

Google Patent Application Highlights

The recent patent application filed by Google details numerous items the search engine uses to rank web pages. The specific application is summarized as:

A method for scoring a document, comprising: identifying a document; obtaining one or more types of history data associated with the document; and generating a score for the document based on the one or more types of history data.

The patent application sheds significant light for those pursuing search engine optimization with Google. Patent applications can be difficult to understand, so following are highlights that you should consider for your SEO efforts.

Update Your Site

Updating your site is important when it comes to maximizing your rankings on Google. In addition to the manipulation of keyword density and meta tags, the patent application reveals that Google places significant value on how often your content is updated. The more often you update, the timely and relevant your site will appear to Google. In turn, this leads to higher rankings.

To appease mighty Google, consider the following plan of action:

1. Update pages frequently,
2. Add new pages to your site,
3. Interlink the new pages with others on your site, and
4. Add new pages on a weekly basis instead of all at once.

When Google returns to the site, you want to make sure that there is new content. The high rankings of blog sites are evidence of this approach.

Googles Looking at Your Domain

In a new twist, Google claims that it analyzes the number of years of domain registration as part of the ranking process. The application suggests that domains that are registered for longer periods of time are given more value because such a commitment shows the site is not a fly-by-night jump page. It is recommended that you extend all domain registrations for as long as possible as part of your search engine optimization efforts. It is difficult to tell how much the registration process impacts the ranking process, but every little bit helps.

Google claims that it also digs deeper into domain names to evaluate the legitimacy of the site. Factors in the evaluation include the web host and the who is information. According to the patent application, Google maintains a database of hosts that facilitate spamming of the Google search engine. While such hosts are not detailed in the application, pray to God that you are not using one. You should evaluate your host if your optimization efforts are not producing results.

If your search engine optimization efforts for Google are failing, the patent application may provide answers. Talk about a perfect E-book!

Halstatt Pires is with http://www.marketingtitan.com - an Internet marketing and advertising company comprised of a search engine optimization specialist providing meta tag optimization services and Internet marketing consultant providing internet marketing solutions through integrated design and programming services.

Do You Need a Registered Trademark?

It's less of a need than a want. Registering a trademark is NOT mandatory. However, are you a business owner, or do you work with a business that does not currently have a trademark registered or pending with the USPTO? If this last statement in any way describes you, then YES, you may benefit from having a trademark. It is true that many businesses do not register a trademark with the USPTO, but this puts the business at a great disadvantage when compared to another company that does have a trademark.

Having a trademark notifies an individual that you have the corner on your market. It allows you to take court action if another business does attempt to infringe upon your name. You are essentially protecting your market upon registering a trademark by publicly individualizing your name. This protection allows a greater piece of mind for the average business owner, by ensuring that no one may interfere with your customer base by confusing their business with your own. The last scenario is a common occurrence, and many individuals have been forced to deal with legal repercussions because they did not take the time to trademark their name, while a competing business did.

Think about it like this; if your name was Tom Smith and you were a hard-worker, while there was another Tom Smith who was a poor worker, you wouldn?t want to be confused with that other individual, would you? As I mentioned above, this confusion is a common occurrence among businesses. This is why it is important to protect your name, and your products or services! While it is ultimately up to each business owner whether or not they want to protect their name, be aware of the potential ramifications that can come with not applying for a trademark. Whether or not your name is trademarked could have the ability to make or break your business; so why wouldn?t you apply for a trademark?

Marit Lee is a Researcher for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Marit directly at 800.550.1520.

Trademark: Do I Need One for My Business Name and Logo?

Wondering if a trademark is important to you as a business owner? Let's start with the basics. A trademark is a word, phrase, symbol, or logo that distinguishes and identifies the source of goods of one company or person from another. For example, the name Kraft is trademarked, as is Nike's "swoosh" logo.

The list of what constitutes a trademark is long. A trademark can also be granted to unique packaging such as the shape of Coca-cola's bottle, building designs, color, sound, and even fragrance. Service marks receive the same legal protection, but are used to distinguish services instead of products.

Your business can acquire trade or service marks through the consistent use of a mark. The symbols TM and SM demonstrate the owner treats the mark as a trademark or service mark. There is no requirement to federally register at the trademark office. You are still protected under intellectual property laws. However, if another party uses your mark it can be more difficult to prove your ownership.

To register online with the United States Patent and Trademark Office (USPTO), go to www.uspto.gov. There is a registration fee for each name, logo, and slogan. Federal registration ensures another party is not already using your mark. A registered trademark gives you exclusive rights to use a mark with your particular goods or services. The USPTO can only register trademarks for marks that are used across state lines. A website customers can access in other areas can satisfy this requirement. Otherwise, you will only be able to apply for a state trademark.

Only a mark registered and approved by the USPTO can use the ? symbol. Since the application process can take many months to complete, use the TM or SM symbol in the meantime to establish your intention to use the mark as a trademark. Make sure you keep records as to when your mark was first used in commerce and regulate the use of your mark in the marketplace.

Wendy Maynard, your friendly marketing maven, is the owner of Kinesis. Kinesis specializes in marketing, graphic and website design, and business writing. Visit http://www.kinesisinc.com/resources/articles.html for more articles and free marketing wisdom.

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