evansdale library—west virginia university u.s. patent searching --plants august 24, 2005 marian...

Evansdale Library—West Virginia University

U.S. Patent Searching --Plants

August 24, 2005

Marian G. Armour-GemmenPatent & Trademark Reference Librarian


• Evansdale Library at WVU is the only U.S. Patent and Trademark Depository Library in the state of West Virginia.

• We have DVDs, color Plant Patents, and other products from the USPTO as well as access to their databases.

• Provide reference assistance to inventors throughout the state.


Three Types of PatentsUtility--any new, useful, and nonobvious

process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

Design--a new, original, and ornamental design for an article of manufacture

Plant—an asexually reproduced distinct and new variety of plant.


Terms of Patent

• The terms of utility and plant patents are twenty years from application date.

• The term of design patents is fourteen-years from date of issue.


Plant Patent– a property right granted by the Government of

the United States of America for a limited time to an inventor “to exclude others from asexually reproducing, selling, or using the plant so reproduced or any of its parts throughout the United States, or from importing the plant so reproduced, or any parts thereof.”

– Includes algae and macro fungi but not bacteria.

– Does not include Tuber plants such as potatoes.


Asexual Reproduction(Include but not limited to)

• Rooting Cuttings• Apomictic Seeds• Division• Layering• Runners• Tissue Culture

• Grafting and Budding• Bulbs• Slips• Rhizomes• Corms• Nucellar Embryos


Plant Patents at Evansdale Library

• Color Photos with Plant Patents– Only in Library– Not on Internet; Not on DVDs

• Holdings of Color Plant Patents– Microfiche 1931 –1997– Paper 1994-present


Why older patents must be searched?

• Novelty

• Prior art includes U.S.Patents, published U.S. Patent Applications, foreign patents, trade publications and journals.

• Find similar patents and state why your invention is unique.


Ineffectiveness of Keywords

• Keyword searching often yields no results. • Almost all inventions have at least one cited patent

reference and many have at least seven. • Often similar patents do not use the same words that

you are using to describe your patent. • Terminology has changed, or perhaps words you would

use are not used by the other inventor. • In order to address this problem, the patent office has

devised a classification system. • Classification searching is the most effective method for

searching and locating similar patents.


Classification• Grouped in Subject Areas called Classes &

Subclasses, e.g. 562/891• Each Class and Subclass have definitions

associated with them.

• Used to classify characteristics of invention – (1) essential function, – (2) essential effect or basic product resulting from the invention, – (3) physical structure of invention, and/or – (4) intended use of invention


Accessing Classification• Index to the U.S. Classification

– Use keywords to use the index to find invention class

• Manual of Classification– Take Classes and Subclasses and see how they

relate to on another– Indented entries

• Class and Subclass Definitions – Determine if invention can be defined by the class

and subclass definition


Find Synonyms; What are we looking for?

• Ask 4 Basic questions:

– What does the invention do?– What is the end result?– What is it made of?– What is it used for?


USPTO Homepage http://www.uspto.gov


Patent Main Search Page

Plug-in for viewing images

Start Here

Search Area


Manual of Classification

Type “PLT” to search for Plant Patents as CLASS


Plant Patent Class Schedule

P-patents250-def.


Some material is

deleted


Return to Plant Patent Class Schedule

Click on P-patents next to 250


Find a Pertinent Title & Explore

1790 to present

Note: Plant Patents numbers begin with PP

Let’s click on PP15,624


Click Here for Entire Image of Patent


Patent NumberIssue Date

Abstract

ExaminerAttorney

Title of Patent

Inventor’s name

Assignee Name

International Classification

U.S. Classification

References Cited

Latin Name


Keyword Searching Misleads

This is where you can choose “Current US Classification” and type in “PLT/250”


Keyword Searching Misleads cont.


Remember to

• Keep a log or journal of invention

• Keep the development and testing confidential

• Consult with a patent attorney once you believe you have a viable invention


Note on Colors in Plant Patents

• “Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary or color chart”

--Manual of Patent Examining Procedure (MPEP) 16.10


Some Color Dictionaries at WVU Libraries

• The RHS Colour Chart Edale Permanent Reserve QK669 .R15 2001

• Color : universal language and dictionary of names. 1976. Kenneth Low Kelly; Deane Brewster Judd; Kenneth Low Kelly; Kenneth Low Kelly. NBS special publication, 440. Edale QC100.U5752

• Webster’s New International Dictionary, Second Edition, Unabridged, published by G.C. Merriam Co., Springfield, MA. DCL PE1625 .W3 1945


Questions?

Marian Armour-GemmenPatent and Trademark Reference Librarian

[email protected]

293-4696 x5106

evansdale library—west virginia university u.s. patent searching --plants august 24, 2005 marian...

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