Patents Module 3
Patents Module 3
Public patent information is a key pillar of the patent system and a rich
source of technical, legal and business information. Most technical details
about inventions and technologies are only disclosed in patent documents.
This Module conveys:
why patent information should be used at all stages of the innovation
process;
the importance of an informed search strategy, based on a thorough
understanding of patent documents and classification systems;
the power of searches based on patent classification symbols.
Patent information, as a record of invention to date, helped shape Steve
Lindsey’s approach to innovation in his field. His own patenting activity
helped the inventor license his energy-saving rotary air compressor
worldwide. There can be few better case studies to help illustrate the value
of patent information.
ENERGY-SAVING ROTARY AIR COMPRESSOR
The case of Steven Lindsey
Compressors are everywhere. They're used in electric appliances at home as
well as in devices in all major fields of industry.
Compressors consume a substantial proportion of all the electricity
used in industry, so increasing their efficiency can make a
significant contribution to reducing energy consumption in industry
and elsewhere.
Compressor technology is nothing new – the first compressor was invented
back in the 16th century. But with the last major change being the screw
compressor in the 1930s, was compressor technology lagging behind other
technical fields?
It took an outsider like Steve Lindsey to change the story. His unbiased
view helped him look at compressors from a different angle and think of
them in a new, unique way.
Can you think of any technologies that solved a technical problem
in a radically different way, transforming the market? There are
numerous examples of groundbreaking (disruptive) inventions by inventors
who looked at a technical problem from a different angle.
Take the transistor, for example. Invented in 1947, these semiconductor-
based devices can be used to amplify and switch electrical signals. By the
1950s they had increasingly replaced vacuum tubes as the dominant
technology for amplifying electrical currents. And today, vacuum tubes only
play a marginal role in microelectronics whereas transistors are a mainstay
in the field.
And what about word-processing software – how often do you see
typewriters being used nowadays?
What was the groundbreaking idea behind Steven Lindsey's
invention? His compressor concept offered a novel, mechanically elegant
replacement. Its design transformed the cylinder section into an annular
chamber. A piston blade travelled the length of this chamber, compressing
air in front while drawing in air behind. By compressing air continuously, the
compressor sidestepped what was previously a piston compressor's biggest
shortcoming.
For Steven Lindsey, patent information played an important role from the
outset as a rich source of technical information on compressor
concepts and other technologies. Patent information helped
Steven understand what had already been developed, allowing him to
avoid reinventing the wheel and to stimulate research and product
development in his company.
The description outlines the invention clearly and completely enough for it
to be carried out by an average person in the technical field (the "person
skilled in the art"). The description constitutes a basis for the claims.
The claims are the most important part of the document and define the
subject-matter for which legal protection is sought, in terms of its technical
features. Clear, concise wording is key as this is what legally determines the
scope of protection covered by the patent. The description and additional
drawings are there to help you interpret the claims.
The application may also contain drawings. These are a useful addition to
the description in that they visually illustrate the features of the invention.
DOCUMENT LENGTH
Patent and utility model documents can vary greatly in length. Some
documents have just two pages, others several hundred. The length often
depends on the area of technology described – documents from the
mechanical field tend to have relatively few pages whereas documents in
organic chemistry, pharmaceuticals and data processing can be very long.
COVER PAGE
The information on a document's cover page is of key importance. It
provides an overview of the subject-matter of the invention, which allows
you to make an initial assessment of the document's relevance. Essentially,
the information on this page is what you will also find in most patent
databases.
The cover page contains:
the title of the invention;
the bibliographic data;
an abstract containing important technical information explaining the
claimed invention;
a drawing illustrating the invention (where applicable).
Various pieces of patent information are marked by two-digit numbers,
the Internationally agreed Numbers for the Identification of
(bibliographic) Data or "INID codes".
INID CODES
INID codes are used to mark specific pieces of information on the cover
page of a patent or utility model document.
Key INID codes are the:
(11) publication number (A)
(19) patent office that published the document (B)
(21) application number
(22) filing date of the application
(30) priority information (C)
(31) number of the priority application(s)
(32) filing date of the priority application(s)
(51) International Patent Classification (IPC) (D)
(52) domestic or national classification, e.g. Cooperative Patent
Classification (CPC)
(71) applicant(s)
(72) inventor(s) (E)
PUBLICATION NUMBER
Every patent and utility model document has its own document number,
allowing it to be uniquely identified around the world (generally speaking).
This unique number, assigned when the document is published, consists of
a country code followed by a series of numbers (and sometimes letters)
and the code for the publication status. This code, the "kind code", is
defined in a specific standard.
Kind codes are used to identify the various kinds of patent and utility
model documents, e.g. applications, patent specifications and utility models.
The codes generally consist of a letter and, often, a number. Each patent
office decides how the codes, in particular the numbers, are defined for its
publications.
Often "A" is used for a patent application, "B" for a patent that has
been granted, "U" for a utility model and "T" for the publication of a
translation.
PATENT CLASSIFICATION SYMBOLS
Patent offices assign patent classification symbols to categorise the
technical subject-matter of a patent or utility model.
Patent classification symbols are defined as part of what are known as
"patent classification systems". There are various patent classification
systems used today by national, regional and international patent offices.
Two patent classification systems – mentioned above in the INID code
section – are of particular importance:
The IPC system is a hierarchical patent classification system which is used
by more than 100 patent offices on all continents. It breaks down
technologies into eight sections with several hierarchical sub-levels. The IPC
scheme has approximately 75 000 subdivisions and is updated on an annual
basis.
The CPC system builds on the IPC system and provides a more granular and
detailed classification structure. The CPC system has more than 250 000
subdivisions and is updated four times a year. It is used by more than 30
patent offices worldwide.
For more information on patent classification symbols, please see the
section "How to find and use patent information".
PRIORITY INFORMATION
Inventions can be protected by patents and utility models in more than one
country. Once an applicant has filed the original application, they have 12
months to file applications for the same invention in other
states party to the Paris Convention. During this period, the original filing
date can be claimed as the effective filing date, or "priority date", for
subsequent applications.
In this case, the cover page of each later application contains specific
information on the application establishing priority (i.e. the original
application):
the priority number (the application number of the original
application);
the country of priority (the country in which the original application
was filed);
the date of priority (the date on which the original application was
filed).
DESCRIPTION
The description discloses all aspects of the subject-matter of the invention.
As a general principle, patent law demands that the invention must
be described in sufficient detail for it to be carried out by a person
skilled in the art.
Due to this legal requirement, the content of the description is largely
uniform and can be quite detailed. Descriptions contain:
a review of the state of the art on which the invention is based;
criticism of this state of the art (disadvantages, shortcomings, risks);
a definition of the problem to be solved by the invention;
an explanation of the solution;
embodiment examples.
The description gives the public information about the new
technology and can be used by patent and utility model holders to support
their legal claims in the event of a dispute.
Example: the first two pages of the description in EP1818010A2 provide
information on the technical field of the invention, the state of the art and
its shortcomings, the problem to be solved by the invention, a brief
overview of the invention, a brief description of the drawings, and
embodiment examples.
CLAIMS
The claims are the most crucial part of the document – its "legal core", as it
were. They define the features of the invention to be protected by the
patent or utility model.
How the claims are formulated is of utmost importance as they determine
the extent of the protection obtained. The description and drawings help
with the interpretation of the claims.
As applicants generally want to obtain the most extensive scope of
protection possible, they often define the technical subject-matter in the
claims in a rather general and abstract way.
Each claim consists of a single sentence, divided into a classifying part
(designation) and a characterising portion, which is usually preceded
by the words "characterised in that" or "characterised by".
Normally, several claims are included, and claims may refer back to earlier
claims preceding them.
Example: the claims section in EP1818010A2 lists various claims for a
"device for determining the concentration of a substance in body liquid"
(claims 1-12) and a "method for determining the concentration of a
substance in an in-vitro or in-vivo specimen containing body liquid" (claims
13-39).
Two claims (1 and 13) define the claimed inventions in their broadest form –
they are what are referred to as "independent" claims. All the other claims
(2-12; 14-39) ultimately refer back to one of these independent claims, so
they are the "dependent" claims and define specific embodiments of the
invention.
DRAWINGS
Most patent and utility model documents contain one or more drawings.
These are usually black and white line drawings and are often very helpful
for understanding the idea behind the invention. Together with an
embodiment example in the description, they may serve to illustrate how
the features of the invention interact. Drawings can also be sections,
circuits, flowcharts or chemical structures.
Reference signs are usually included in technical drawings and are then also
referred to in the description, claims and abstract. Normally, there is no
additional explanatory text in the drawings other than short, indispensable
words or phrases such as "water", "steam", "open", "closed" or "section on
AB".
Example: the technical drawing below is an exploded perspective view of a
pedalling device according to patent document EP1930235A1. The
reference signs are explained in the description of the patent application,
e.g. reference sign 31 refers to a ratchet socket.
On the basis of our assessment, we find that the most frequently used terms
and expressions for our technical field are:
nanoparticle concept: nanoparticle, nano-particle, gold
nanoparticle, gold nano-particle, nano gold particle;
algae extract concept: algae, marine algae, sea algae, seaweed;
gold concept: gold, Au, aurum;
production concept: produce, production, manufacture, preparing,
method, process.
Alternative spellings, plural forms, etc. will have to be taken into account,
too.
Step 2: starting the search
We can now start to enter keyword-based search concepts in the
Espacenet search interface. Espacenet gives us two different options: the
"Smart search" field on the Espacenet entry page, or the "Advanced
search" interface, which can be activated using the relevant toggle in the
menu bar.
Let's use the command line to enter keyword-based search concepts. We
can either type in the keywords like in a search engine or use what are
known as "field identifiers" to specify the fields corresponding to
specific pieces of patent information in which the search is to be
performed. (The second option obviously makes the search more specific.)
You can access the list of available field identifiers in the Espacenet
pocket guide, available via the Espacenet help menu. The same guide
also provides an overview of other important search features such
as truncations, operators and limitations.
Espacenet has a number of text fields which we can use to perform
keyword searches:
title;
abstract;
description;
claims;
title and abstract;
title, abstract and claims;
all text fields (i.e. the title, abstract, description and claims together).
It's tempting to start a keyword-based search using the option "All text
fields" to make the search as comprehensive as possible. But this can return
large hit lists containing lots of patent documents which are unrelated to the
search objective, e.g. because the descriptions may mention the keywords
in a general context only.
Instead, it's best to start with patent documents in which the keywords are
closely related to the inventions disclosed in those documents – which is
likely to be true for those which mention the keywords in the title and/or
abstract.
For our search, let's start with the nanoparticle concept and gold
concept to retrieve patent documents which mention both in the title or
abstract. Example search statement:
(ta all "nano particle*" OR ta="nanoparticle*") AND ta any "gold AU
aurum"
This search statement returns a large number of hits:
Looking at the list, our first search attempt appears to have been a
promising start, but we need to make it more specific and take all other
search concepts into account. So let's go one step further.
Step 3: refining and expanding the search
There are two different paths to take when refining and expanding our
search.
First, we can enhance the accuracy of the two search concepts
we've used so far, for example using "proximity operators". The closer
words are in a text, the more likely there is to be a general semantic link
between them, so with proximity operators we can increase the likelihood
that a patent document is relevant.
Example: rather than using the search statement ta all "nano particle*", be
more specific by opting for ta=("nano" prox/distance<=2 "particle*"), which
will retrieve patent documents in which the two terms occur in that order
and are at most two words apart in the title or the abstract.
Second, we can try integrating the other search concepts by
creating an intersection set, which will make our search more specific
and further reduce the number of hits.
Sometimes – and as is the case here – using the title and abstract only for
keyword-based searching proves to be too limiting, potentially producing no
results at all. In this situation we'll need to release the field constraints,
expanding the range of fields in which the search is to be performed.
Refining and expanding the search statement may lead to the
following interim statement:
(ta=("nano" prox/distance<=2 "particle*") OR ta =
"nanoparticle*") AND ta any "gold AU aurum" AND ta any "algae
seaweed" AND ctxt any "produc* manufactur* method* process*"
This interim statement may return several potentially relevant
patent documents, e.g. the first one in the hits below:
If you're only interested in whether or not there are relevant patent
documents regarding the search objective, you could stop here – the answer
is probably yes.
However, the situation is less conclusive if you couldn't spot any relevant
patent documents in the hits returned. The lack of relevant documents may
mean that there aren't any at all, but it might also be because the search is
too narrow.
If you need greater certainty regarding relevant documents, you may extend
your search by releasing the field constraints further, using more alternative
keywords or bringing in other search concepts, e.g. based on patent
classification symbols.
There are so many options to choose from to tailor your searches and search
concepts to your needs, e.g. truncations, proximity operators and added-
value data. Want to know more? Then be sure to check out the "Patent
information in practice" training module.
Think about the differences between the IPC and CPC systems. When would
it be better to use CPC codes over IPC codes to retrieve technical
information in patent documents?
Given the very detailed structure of the CPC system, CPC codes can help
tailor patent searches down to minute technical details. They can
make patent searches very specific and help reduce the number of
unrelated patent documents in the hits.
However, you may miss relevant patent documents if the competent
patent authority does not (or at least does not yet) support the CPC
system, meaning that the documents aren't assigned any CPC codes.
On the other hand, while IPC codes are generally less specific, they are
used by more patent authorities, so the risk of missing patent
documents may be lower – albeit at the expense of search accuracy in
some cases.
EPO e-learning course "Using CPC in classification"*
EPO e-learning course "Practical and strategical aspects of the
CPC"*
EPO e-learning course "EPO patent information tools”
EPO e-learning course "The art of reading patent documentation"
section "Where and how to find patent documents"*
EPO e-learning course "Search strategies"
EPO e-learning course "Searching prior art based on patent
applications"*
Learn more
IPC
CPC
Patent families
Search field identifiers
QUIZ
Patent information is frequently used to find solutions to technical
problems during the product development process.
a) Because it provides practical solutions.
b) Because of the comprehensive and up-to-date nature of the
information.
c) Because it provides detailed documentation of even very small steps
related to the development of a technology.
Using patent information during the product development process provides
practical solutions, comprehensive and up-to-date information and detailed
documentation on technology development.
Search reports are drawn up on the basis of …
a) the description of the patent application
b) the description of the patent application with due regard to the
drawings
c) the claims with due regard to the description and drawings
d) the abstract
Search reports are drawn up on the basis of the claims with due regard to
the description and drawings.
The cover page of a patent document contains...
a) the title of invention
c) the claims
d) the abstract
The cover page contains the title of the invention, the publication number
and the abstract.
This patent document is ...
a) a published European patent application
b) a published European patent
c) both
d) The CPC system has more classification symbols than the IPC system.
The earliest application was filed in 1993. The search statement 'in="Shuji
Nakamura"' may be used to retrieve relevant patent documents. The hits for
this search statement show a record having the title "Gallium nitride-based
III-V group compound semiconductor device and its mfg.method" (or similar)
with an earliest priority date of 28 April 1993. This record may be identified
by sorting the list of results by ascending order of priority date (i.e. the filing
date of earlier related applications) and looking for inventions related to
gallium nitride semiconductor light-emitting devices.
You can find the above-mentioned priority date via the "Bibliographic data"
tab for the representative patent document for this record, the priority
section of which (i.e. the list of earlier related applications) indicates patent
application JP12489093A as the earliest application for the same invention,
with the application date 28 April 1993.
Are there any patent documents published in the period 2020 to
2021 on technologies related to the 3D printing of implants to
replace human bone material?
Please use the Espacenet(opens in a new tab) search interface to retrieve
relevant information.
Hint: think about using CPC codes to retrieve patent documents covering
specific technical subject-matter, e.g.
3D printing: CPC subclass B33 ("Additive manufacturing technology")
Bone implants: CPC subgroup A61F2/28 ("Prostheses implantable into the
body: Bones") and subordinate subgroups
a) Yes
b) No
The correct answer is 'Yes'. The three different search concepts (3D printing
concept, bone implant concept, time range) may be combined using the
AND Boolean operator to create an intersection set.
The hits for the Espacenet search statement 'cpc = "B33/low" AND cpc =
"A61F2/28/low" AND pd within "2020 2021"' brings up dozens of related
results.
KEY TAKEAWAYS
The key facts to take away from this module on patent information
are the following:
1. Public patent information is a key pillar of the patent system and a
rich source of technical, legal and business information.
2. Most technical details about inventions and technologies are only
disclosed in patent documents.
3. Patent information should be used at all stages of the innovation
process.
4. There are numerous commercial and free-of-charge patent
databases and search interfaces for retrieving and assessing
patent information.
5. It's crucial to create an informed search strategy.
6. Search concepts based on patent classification symbols are a
powerful tool.