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

The Essence of the Patent Law

As a general rule, patents are associated with things and processes which are vital to the world the only exception though are innovative designs. Patents also allow the creator of some inventions to preclude others from making use of it commercially without the permission of the creator. It is possible to acquire patent on technologies used in arts. Nevertheless, the exceptions to the general rule are on product designs. It is thus theoretically potential to acquire design patent on the purely ornamental aspects of design while also having a copyright on same design.

Patents convey to the creator the right to exclude others from using or producing the formers creation for a limited time. A patent for an invention is an award of a property right to the inventor. It is given by the United States Patent and Trademark Office. A new patent may last up to 20 years from the date of application in the US. In special cases, it may start from the date of an earlier filed application. The application is subject to maintenance fees. It is also noteworthy to know that patent grants in US are only effective within US, its territories and possessions. If you want your patent grants to have extensions or adjustments, you can avail of the same under certain circumstances.

There are three types of patents. They are: a) Utility patents which may be granted to anyone who invents or discovers a machine, vital process, composition of matter, article of manufacture or any useful improvement thereof; b) Design patents may be granted to anyone who creates a new, original and ornamental design for an article of manufacture; lastly c) Plant patents may also be granted to anyone who creates or discovers at the same time asexually reproduce any distinct and new variety of plant.

What is vested by the patent is not the right to make, use, offer for sale, sell or import but the right to EXCLUDE others from making, using, offering for sale, selling or importing said creation or invention. If the patent has already been issued, the patentee must enforce it without the assistance of the United States Patent and Trademark Office.

The gist of this statute is to grant authority to protect discoveries and creations. In order to be patented an invention must be novel, useful, and not of an obvious nature. Now, the creators/inventors can shun their worries about having works copied or used without their permission.
For additional information and comments about the article you may log on to http://www.attorneyservicesetc.com

Is Your Domain Name A Trademark Infringement?

I recently received an email from a concerned, fellow Internet business owner, asking for my opinion on an issue that could literally destroy his Internet business and the business of several other domains involved.

He had received legal notice from a prominent company, stating that he needed to relinquish his use and rights to his web site domain name because it contained three letters that infringed upon their trademark and their domain name. This same company also contacted several other Internet business owners and made similar demands.

Should a company that registers a specific trademark have the ability to destroy numerous businesses that legitimately registered domain names? Should a company that registers a trademark have the responsibility of ensuring that a domain name registration agency doesn't issue domain names that may be a trademark infringement? Or should an Internet business have the responsibility of making sure a potential name doesn't Infringe upon a registered trademark? Where does the responsibility lie?

Ultimately, the responsibility lies with the domain name registrant, as the trademark laws that apply in the hard copy world also apply on the Internet.

Any company that registers a trademark has the right to protect their trademark and has the right to notify you that your domain name is infringing upon their trademark. Why? If your domain name has the potential of confusing the public into thinking the trademark holder is somehow affiliated with your web site, they may bring infringement claims against you. The courts would have to make the decision based upon the trademark laws and if your domain name, in fact, has the potential of confusing the public.

Domain name registrants can protect themselves as well. If you have a registered domain name that doesn't infringe upon any trademarks, you too may be able to register a trademark. Registering a domain name as a trademark isn't easy, but it can be done. Although you can't register the http://www.or the .com, if the use of your name fits the laws criteria, it can be registered. You should consult with an attorney familiar with the Internet, trademarks and the laws prior to registering your domain name as a trademark. For a complete explanation, visit:

http://www.uspto.gov/web/offices/tac/notices/guide299.htm

As stated by the United States Patent and Trademark Office, http://www.uspto.gov/ "A mark composed of a domain name is registerable as a trademark or service mark only if it functions as a source identifier. The mark as depicted on the specimens must be presented in a manner that will be perceived by potential purchasers as indicating source and not as merely an informational indication of the domain name address used to access a web site." In other words, the use of a domain name must not be used simply as an address to direct customers to your web site, but must be used to identify the products or services of the business claiming the trademark, which provides products or services via the Internet.

If you're in the market for a domain name, you may want to consider searching the Trademark Electronic Search System, http://tess.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk prior to registering a domain name. By researching the trademark regulations and knowing your rights, whether you hold a trademark or a domain name, you may be able to avoid the possibility of litigation.

Shelley Lowery is the author of the highly acclaimed ebook series, Web Design Mastery -- an in-depth guide to professional web design that is rapidly becoming known as the "Bible" for professional web design. http://www.webdesignmastery.com