Intellectual property: patents

What is a patent?

Patents are one type of Intellectual Property, others include: trademarks, designs, copyright, circuit layout rights, plant breeder's rights and confidentiality/trade secrets.

"A patent is a right granted for any device, substance, method or process which is new, inventive and useful.

A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent."

IP Australia: available URL: http://www.ipaustralia.gov.au/patents/what_index.shtml

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Why use patents?

Patents are a primary source of technical and detailed information including drawings and diagrams. 80% of patent literature is not published in any other form.

Patents:

  • offer the earliest source of information
  • provide all the details of the invention
  • show what competitors are doing
  • display trends in technology and the key players
  • avoid duplication and legal disputes if searched prior to manufacturing a product
  • list prior art (existing literature)

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Searching for patents

Access to the fulltext of many patents is available online. Search across a range of sources as no one site provides complete coverage. Search by topic area, patent number or classification code.

Patents are often disguised to protect research and development. This may be achieved by using vague or non specific terms to describe the patent. Consequently, when searching for patents by topic or keyword it is important to consider synonyms.

Country codes are cited in patents and databases. If limiting to a particular country, some databases may require the country code for searching. Identifying the country code also reveals the geographic scope for the patent.

Web sites

International

  • European Patent Office provides access to 60 million patents from more than 80 countries and regions.
    To search:
    Go to http://ep.espacenet.com/
    Click on Advanced Search
    Type in your search terms and click on the search button at the bottom of the screen
    Click on the patent title
    To access the patent in PDF - click on the tab: Original document
     
  • US Patent and Trademark Office includes information about all US patents from the first patent issued in 1790 to the most recent issue week. Patents from January 1976 to the present offer the full searchable text.
    To search:
    Go to: http://www.uspto.gov/patft/index.html
    Click on Quick Search under Issued Patents (PatFT)
    Conduct your search
    Click on the title
    Click on Images to access the PDF
    For Classification searching:
    Go to: http://www.uspto.gov/web/patents/classification/
    Click on Index to the U.S. Patent (USPC) Classification System
     
  • WIPO (World Intellectual Property Organization) has published PCT international applications with access to some fulltext from 1978 onwards.
    To search:
    Go to  http://www.wipo.int/pctdb/en/
  • National Databases WIPO contains a list of patent databases in different countries.
    To search:
    Go to http://www.wipo.int/ipdl/en/resources/links.jsp
  • FreePatentsOnline has access to US, European and Japanese abstracts.  
    To search:
    Go to http://www.freepatentsonline.com/search.html
    Note: to access the fulltext, create a free account.

Australia

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DNA/RNA Database
This databases searches areas such as genomics, genetics, biotechnology, and other fields. It covers patents from 1971. To view the date of the most recent patents click on Current DPD Maintenance Information once you have entered the database.
To search:
Go to: http://dnapatents.georgetown.edu/
Click on Continue to DNA/RNA database
Conduct your search

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Library databases

  • Lexis.com
    Fulltext US & European patents from 1971+. Japanese abstracts 1971+
    To search Lexis:
    Library homepage / Databases / L / Lexis.com using EZproxy / Patent Law tab
    Scroll to Patent listing and select the relevant set
    Select "Terms & Connectors", type in keywords
    Need help with searching Lexis.com? Try the Lexis.com guide
  • SciFinder Scholar
    Searches for patents with links to some fulltext
    To limit to patents:
    Click on Research Topic / type in your phrase/ click on Additional Options / click on Limit by Document Type / tick Patent / click OK / click on the computer icon next to a relevant reference / ChemPort Connection will load / if available, click on link under Web-based document resources to access the fulltext
  • Metadex
    To limit to patents:
    Type in your keywords in the first search box / Select "Publication Type (PT=)" from the drop down menu, type in patent in the search box

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Patent terminology

Applicant Inventor or inventors of the patent
Assignee Person or organization to whom the rights have been transferred
Claims

Statement that defines the invention covered by the patent application.

What falls within that definition is protected by the patent, anything outside is not
Class number Each patent is classified with a class number and groups similar patents together
Description Describes the item in detail and contains at least one claim
Priority date Date a specification is first filed
A comprehensive list of Patent Terms is available on the Thomas Delphion site.

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UOW Intellectual Property Management

The University website provides information on IP policy, disclosure and authorship.

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How to access patents not available online

Patents can be requested via the Library's Document Delivery service or purchased from IPAustralia.

Contact details for IP Australia, Sydney:
KPMG Centre
Level 1, 45 Clarence Street
Sydney
(across from Wynard Station)
Phone: 0292 626302

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More information

Search the Library catalogue for additional patent information.

Try these first:

Title Call number
Patent fundamentals for scientists and engineers 608.773/4
Access electronically
Patent searching for librarians and inventors 608.773/2
Patent searching made easy 608.721/1
Last reviewed: 19 December, 2011