馃攳
How to do a Patent Search? Brief Patent Search Tutorial - #rolfclaessen - YouTube
Channel: Rolf Claessen
[0]
how to do a patent search first of all
[11]
you would have to think of the goal of
[12]
the patent search in this video I will
[15]
focus on the two main reasons why you
[17]
would want to do a patent search a prior
[19]
art search and a freedom to operate such
[22]
in your prior art search your goal would
[25]
be to find out whether a certain
[27]
invention is new and inventive over the
[30]
prior art so that you could attack a
[33]
corresponding patent based on lack of
[36]
novelty or lack of inventive step or
[38]
obvious Ness in this type of search you
[41]
can keep the search quite narrow you can
[43]
focus on the key concept of the
[46]
invention and include the exact keywords
[50]
and synonyms of these keywords from the
[53]
patent claim or from the description
[56]
that are relevant to this particular
[59]
invention let's use an example in this
[63]
example I use a database called total
[66]
patents from LexisNexis but I'm sure you
[69]
can find other very good databases that
[72]
fulfill the exact same purpose it just
[75]
happens that we subscribe to this
[76]
particular database so let's jump into
[80]
this particular example let's say in our
[83]
example that you have a client who comes
[86]
to you and says he has invented a new
[88]
hair dryer and the hair dryer is special
[91]
because the hair dryer has concentric
[93]
blades then you can do a prior art
[98]
search and see whether such a hair dryer
[100]
has existed before that date so what you
[104]
would do is you can search for exactly
[108]
these terms in the first trial that's
[111]
what I do because if you already find a
[115]
deadly prior art document then you can
[118]
already then you're already done and you
[120]
can finish your search so what you would
[122]
do is for example here dry and say or
[126]
air dry
[129]
are dry and truncate it and I use total
[135]
patent and the truncation there would be
[137]
an exclamation mark and then you would
[141]
combine this with concentric blades and
[145]
ones cones and trick blade and
[151]
truncation and then you would since this
[157]
is a prior art search you want to search
[159]
as many documents as possible so I
[162]
selected all the different nationalities
[167]
that are available in this database I
[170]
can say also search for English machine
[174]
translations and then I can say search
[179]
so this search was quite successful and
[183]
I found documents with hair dryers with
[187]
concentric blades so only for documents
[194]
but this is enough so the general idea
[197]
of hair dryers with concentric blades is
[200]
already known if you happen to have more
[204]
than these results let's say 200 or 300
[207]
results and you want to limit the search
[209]
to only the hair drying devices then you
[213]
can edit the search and you can limit
[217]
this by the classification so you can
[220]
say and the education and then you would
[226]
enter the classification for hair
[228]
drawing devices which happens to be a 45
[232]
d20 and I truncate this and then you can
[237]
search and then probably you have the
[240]
same four results or the three or is I'd
[242]
see one results one last result went out
[247]
of the result list because it was not a
[251]
hair drying device that was claimed so
[255]
that's how you can limit your search if
[256]
you don't find any good
[261]
documents and no deadly documents for
[264]
example if you want to attack a patent
[267]
then you can find try to find synonyms
[272]
for all these terms let's say hairdryer
[275]
you can find synonyms for this or blades
[278]
or concentric and try to amend the
[282]
search so you can find more documents
[284]
this kind of search is usually performed
[286]
before filing a patent application or if
[290]
you want to attack a patent with an
[292]
opposition or with cancellation
[294]
proceedings let's look at the other type
[296]
of search that I wanted to explain the
[299]
freedom to operate search of freedom to
[301]
operate analysis or short
[303]
fto let's say you are a manufacturer of
[307]
hair shampoo and you want to find out
[309]
whether you are infringing any third
[313]
party patents with your new product in
[315]
this type of search you do not want to
[318]
limit your search to certain keywords
[321]
you want to keep your search quite
[323]
narrow so first of all maybe you can
[327]
limit the search by your competitors if
[330]
that's possible I mean if you know that
[333]
you are typically attacked by a handful
[335]
of competitors let's say the five big
[337]
players in the haircare field then you
[341]
can limit your search to these patents
[344]
to these competitors on the other hand
[348]
you might be able to limit the search to
[350]
a certain territory so if you launch
[354]
your product only in Europe and you
[357]
don't need patents in Peru and Chile or
[361]
anywhere in Asia so you can limit the
[364]
search to European patents to PCT
[367]
applications and to the national patents
[371]
and patent applications in Europe and
[373]
then of course you can limit the search
[376]
to any patent rights from the last 20
[379]
years or 21 years to be exact because
[382]
the maximum duration of a patent is
[385]
typically 20 years except maybe in the
[388]
pharmaceutical field and why do you use
[391]
21 years yeah
[392]
because there can be a priority yes so
[395]
they can be a first application let's
[398]
say in Germany and then there's a
[401]
following application in Europe and that
[404]
can be fired one year after the German
[407]
patent application but it can last 20
[409]
years so the total duration of patent
[412]
protection let's say from the first
[415]
filing would be 21 years and then of
[418]
course you should limit the search to a
[420]
certain technical field and the
[424]
technical field is defined by IPC
[427]
classes so called IPC classes so all
[430]
technical fields have a certain IPC
[432]
class I can explain that system in a
[435]
later video and it's helpful to limit
[437]
the search by a PC classes otherwise you
[440]
have tons of results that are completely
[443]
not relevant to your concept now you
[447]
might ask why you don't limit the search
[449]
by keywords well if you limit the search
[452]
by keywords for example by let's say a
[455]
certain ingredient and you know the name
[458]
of the ingredient in English then you
[462]
might have the risk that the name of
[465]
this particular ingredient is different
[468]
in Bulgarian language or in Greek
[471]
language or in French language or that
[473]
there are synonyms or certain
[477]
identifiers of this component that you
[482]
don't know and then you would miss all
[484]
these patent rights in your search and
[488]
there would be probably a patent that is
[491]
valid and and then you would have the
[494]
situation where there might be a valid
[496]
patent for example in France that you
[500]
didn't find because you limited the
[503]
search to a certain keyword in English
[505]
or German and that can often be a
[509]
problem so then you have a long list of
[512]
patents that you found or patent
[514]
applications and what do you do first
[517]
the first thing you do is find out
[520]
whether these patents or patent
[522]
applications are in force
[525]
and the databases give you a first hint
[527]
and some databases claim that they
[530]
already have the legal status included
[533]
but never trust these databases that's
[536]
just my personal experience I always go
[539]
to the local registries for example if I
[543]
have a German patent I found a German
[546]
patent I go to the German patent
[548]
registry and find out whether this
[550]
patent is in force and if the patent is
[552]
not in force of course you can just
[554]
immediately skip to the next result in
[557]
the list and then you would have to look
[559]
at the claims whether your product falls
[562]
under the circle aims the independent
[565]
claims that are granted in that certain
[569]
patent if I find out that the product
[573]
would fall under the independent claims
[575]
then I can do a prior art search so the
[578]
first type of search to find out whether
[580]
I can successfully attack that patent
[583]
based on lack of novelty or lack of
[587]
inventive step and therefore find out
[591]
whether the patent is enforceable or not
[593]
you see that the freedom to operate
[596]
search or FTO in short can be very broad
[600]
and very time-consuming and therefore
[603]
very costly so you can see that it can
[606]
be very helpful to limit the search with
[610]
certain limitations and be aware that
[614]
all these limitations can increase the
[617]
risk that there is a patent outside
[619]
there that you didn't find in your
[621]
swatch in this video I could barely
[624]
scratch the surface of what patent
[626]
search is all about but if you like this
[628]
video please subscribe to our Channel
[630]
and give me your comments and questions
[633]
below this video and share this video
[636]
with your friends and colleagues I know
[638]
that enlisting the help of a patent
[640]
attorney can be very costly but in my
[644]
experience it is worth every penny and
[647]
as always reap your ideas
Most Recent Videos:
You can go back to the homepage right here: Homepage