Patent and Trademark



             


Tuesday, March 4, 2008

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

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Tuesday, February 26, 2008

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

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Monday, January 14, 2008

Understanding Trademarks And Copyrights

If youve put a substantial amount of work into your business, then you will want to protect the fruits of your labor. If you don't want your competitors to be able to take what youve done and exploit it, youre going to need to take some steps to protect yourself.

1. What's In A Name?

Your business name is the first thing that your customers will see - it has to, therefore, be memorable and easily identifyable. If your customers know your name, then youve already won the first step to getting them to trust you and recommend you to others. You can register a trademark to protect that - a logo or word that distinguishes you from your competition. Coca-Cola, for example, is a trademark of the Coca-Cola Company - if I start selling my own drink and calling it Coca-Cola, or even something like Cocoa-Cooler, then they can sue and force me to stop.

2. More About Trademarks

A trademark doesn't stop with just the name of your business, but can also be obtained for the products you sell. If you have, for example, the blendmaster 5000, you can trademark the name blendmaster. Trademarks can not be obtained for common words. For example, Apple computer doesn't own the word apple. If you are going to get a trademark, however, be sure it's worth it, because they will cost several hundred dollars.

3. Extention Of Trademark

A trademark can be given away and usually only applies in the country where you registered it. Also, your right to use the mark will only last a set amount of years, usually a decade.

4. What Is Copyright?

A copyright is like a trademark, except it costs nothing. The moment you write, draw, or record anything, you have copyright by creation. If someone else tries to copy it without your permission, you can sue. This article you are reading right now, for example, has copyright, although the author (me) has chosen to give away certain parts of it for free. This applies to other things as well, music, graphics, etc. Please note that microchips fall under a unique classification of copyright law and the rules are not the same. Usually, copyright lasts for fifty years after your death.

If you want to give people permission to freely use and redistribute something youve made (like this article, for example), then you have the legal right to do this. You can even give up your copyright on a piece of work altogether, simply by writing on it that you no longer want to own the copyright. It's that simple. Chances are, however, that youll want more protection, not less.

For more great trademark related articles and resources check out http://www.homebusinessuniversity.info

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