U.S. Patents and Trademarks Office Search Example
Today, over 170 countries grant some type of intellectual property protection, such as patent, design, trademark, and copyright.
Intellectual property law is designed to safeguard creators of intellectual assets, goods, and services, by granting the creators certain time-limited rights to control the use made of these productions. Statutes or laws by the individual countries that grant intellectual property protection establish these rights. The rules and procedures for each country can and do, however, differ. It should be emphasized that patent rights enforcement is up to the owner of the intellectual property and the independent intellectual property laws of the country in which the invention was born. The owner must be his or her own policeman: This is true in every country.
Clearing the inventor's idea of any prior artwork conflicts is fundamental to establishing novelty in any invention idea. The inventor should begin this process before tremendous time is spent in thinking of the idea or documenting aspects of the idea. This not only helps the inventor in clarifying his or her own thoughts, as compared to others with similar thoughts, but also helps to strengthen the idea. This becomes most evident by adding new thoughts or discoveries stimulated by the prior art. We will begin to explore these “strengthening” phenomena in the following discussion.
The results of prior art searching of intellectual property of every kind can and does have legal implications on new inventions. The best guideline regarding intellectual property rights preservation is to perform initial prior art searching to rule-out any prior art. It also may be a good idea to contact a competent patent agent, patents attorney, or an attorney who specializes in intellectual property when you are ready to begin the patent filing documentation process.
An Example of a U.S. “Prior Art” Search Site
Following the same search example of a television that blocks and reprograms TV commercials broadcasts, let's now see what has been done on this topic (before now) by performing an actual prior art search. To do this search, we will utilize the U.S. Patents and Trademarks Office Web site.
For this short prior art search exercise, open your Internet browser and go to the USPTO homepage. This Web site can be found at http://www.uspto.gov:
From the USPTO homepage, click “Search” under the “Patents” heading that appears on the left side of the homepage screen. The next page displayed, provides two searching areas: Issued Patents (PatFT) and Published Applications (AppFT).
On the Published Applications (AppFT) side, the upper-right side of the page, click the “Advanced Search” option.
This section provides access to the newest patent application filings (i.e., the “Applications”) in the USPTO databases. These are the “patent pending” applications. As an experiment, type (in double quotes) “blocking television commercials” into the “Query” input box, and click the “Search” button. Note the results unveil four patent applications related to this keyword phrase. (We will explore this search result in the next section.)
Repeat this same search access path (beginning on the USPTO homepage), only from the upper-left section of the search screen (not the upper-right side of the screen, new “Applications”). The upper-left side of the homepage is the Issued Patents database. This alternative search path (Issued Patents) now provides the widest prior art search coverage (not the most recent) of the USPTO databases because these are the issued patents.
Entering Query Terms into the USPTO search engine. Following our previous generalized Internet search examples, let's assume now that televisions with user programmable commercial-blocking capabilities are really not widely available on the markets today. We suspect that there could be some prior art on this, however, and that must always be further investigated. This deep search will unfold in this section, as we continue to describe a prior art search.
Now, we switch gears just a little and begin thinking about how we can invent a way to block undesirable television commercials, and allow television viewers to essentially the simple ability to self-program their own personalized TV commercial markets.
In the next section, we will explore what has been applied in the U.S. patents database on these same search items (i.e., “blocking television commercials”).
A Simple Prior Art Search
As we continue to follow this same search example of blocking television commercials—let's now conduct an actual “prior art” search, utilizing the U.S. Patents and Trademarks Office databases, and this same example.
In order to perform this short exercise, open your Internet browser, and go to the USPTO homepage—http://www.uspto.gov:
Again, please note the two different alternatives for searching: On the left side are the “Issued Patents (PatFT),” which are full-text since 1976 and full-page images since 1790. On the upper-right side of this same homepage, note the “Published Applications (AppFT)” that are published submissions since March 15, 2001. These are the patents pending issuance from the USPTO.
Select “Quick Search” on the right side under “Published Applications (AppFT).”
In the Query box, type in your search terms. For example, where the field indicator says “TERM1,” type in the query box (in double quotes) “blocking television commercials” and press the Search button. This will return a list of all the patents that have the phrase blocking television commercials anywhere in the indexed text: This is a simple search.
Read the abstracts associated with each of these patent applications in order to determine if your idea for blocking television commercials is similar, or not, to these abstract discussions. At this stage, you are contrasting the current art (your invention) to the prior art, which has already been filed. Are the ideas you have to do this close or the same to these abstract discussions? Look beneath the abstract discussion; are there differences in the claims documented in this patent application? You are now evaluating prior art—nice work. Keep records of what you are finding, so when you realize the new invention brought forth (unstated) in this chapter, you can use this detail as prior art findings in your patent package.
Based on your prior art search results, what are you able to determine? Read the Abstracts of the invention. Explore further into the textual descriptions to read the actual claims of the invention. View the graphics. Although we will explore in much greater detail aspects of prior art searching let's take one last look at some of the customizable features of the USPTO patent search site.
An Advanced Prior Art Search
Patent search sites often will offer a number of advanced features to allow for anyone searching for prior art to better isolate specific pieces of information.
There are many other features on the USPTO Web site (and other patent prior art search sites), which make searching a more efficient task for the end user.
Let's take a closer look at a couple of these features. It may be a good idea, considering we just found some prior art surrounding our new invention idea for blocking television commercials, to look more closely at this inventor named “Fellenstein,” to see if he may have other applications filed surrounding this same subject of commercial blocking, which may result in additional prior art.
Click “Home” (or return to http://www.uspto.gov and go to “Patents” and then “Search”).
Then click “Advanced Search” and note the table that appears with the variety of advanced search refinement terms (e.g., TTL, IN, etc.).
Because patent “Application Publications” are new, these are in fact the inventor's patents pending. From these titles, try to identify any other patent applications he may have filed related to this same subject of blocking television commercials.
Do this to ensure there is no more prior art from this same inventor on the subject. It appears there may be some other prior art this inventor has created related to this same topic of blocking television commercials. Look carefully while taking note of any prior art observation you are able to find.
Now that we have identified the existence of other prior art related to this invention idea, let's now prune this search to what we believe to be the core items of interest.
Return to the database search page and enter the search phrase (in double quotes) “blocking television commercials” and note the search result of four published applications.
Following the results of this search exercise, the list shown in Table 3-1 would be presented to your browser (in some form).
| PUB. APP. NO. | Title | |
|---|---|---|
| 1 | 20040019905 | Apparatus and method for blocking television commercials and providing an archive interrogation program |
| 2 | 20040019904 | Apparatus and method for blocking television commercials with a content interrogation program |
| 3 | 20030227475 | Apparatus and method for blocking television commercials and delivering micro-programming content |
| 4 | 20030192045 | Apparatus and method for blocking television commercials and displaying alternative programming |
The next discussion includes excerpts from the USPTO Web site related to the topics we have been exploring. This idea of a television that blocks advertising and/or commercials, although residing as prior art, may have room for improvements. Consider elements of the idea we stated earlier—that is, while allowing an end user to program his or her viewing choices across markets. What can we do with this notion, which the prior art has not yet claimed?
Well, the prior art covers programming of alternative commercial viewing time. It discusses returning to the original viewing channel at the end of the original undesirable commercial that initially triggered the channel selector to switch away. The prior art records this information for later interrogation of the data for a plurality of reasons. Question: How important is this end user data to the television network providers? Do they care about viewers that are electing to depart from their channel due to an undesirable commercial? Well, perhaps not so much if the viewer is returned to them at the end of the commercial segment. But what if the viewer finds alternative content upon the preprogrammed switching occurrence and decides to stay at that new channel? The network traffic would have indeed been diverted due to this undesirable TV commercial. This is now perhaps problematic for the television network service provider. Or is it?
What if the networks have a view of all of this aggregate data, that is, the date related to the television viewers who are switching away from which networks based on which commercial sponsors? Would this information cause the networks to rethink who they are selecting as their advertisers? Additionally, would a view of this information perhaps cause the networks to encourage some of their advertisers to improve their levels of content, thereby attempting to retain the viewing audience?
The Actual Prior Art Search and Evaluation
At this stage (on your computer) using the example search terms, you can explore the individual titles and read the abstracts for each of the patent filings. This allows you to now determine for yourself if similarities exist in your idea and the above potential prior art.
Review the patent application claims. Do this in order to determine how deep you need to go in the prior art search to determine if your new idea will infringe in any ways on the claims in the prior art.
Sometimes, the patent Abstract will disclose enough specifics of the invention to conduct the prior art search, but the claims are the most important areas to inspect. Look for the claims in the detailed write-ups, following the Abstract.
Understanding the Patent Abstract
The proceeding text addresses the Abstract you will see at the USPTO site when you perform a prior art patent search on these potential prior art examples. Read it closely to determine if there are similarities. If this seems similar to your new idea for this invention of a TV that blocks commercials and allows the end user to program the TV for personal markets, then further prior art inspection is necessary.
At the USPTO site, anyone can read the associated patent claims, which are always the key part of the patent specification. Anyone can also read the Abstract of the patent, which discloses the nature of the entire idea. This information details the lower-level elements of the invention.
Continuing in this invention exercise and assuming that you constructed your search according to our previous example (i.e., “blocking television commercials”), we have now found four similar titles/abstracts.
Let's now explore these applications one-by-one to see if our idea infringes upon these published applications in any way. It is worthy to note that these are patents (at the time of this book printing), which are pending approval by the USPTO. This is because you began this prior art search from the most recent filings, the patent applications, which are usually in USPTO review stages for several months to years.
The following describes the concepts in the first of the four published applications you found, related to blocking television commercials.
| United States Patent Application | 20040019905 |
| Kind Code | A1 |
| Fellenstein, Craig William; et al. | January 29, 2004 |
Apparatus and Method for Blocking Television Commercials and Providing an Archive Interrogation Program
Abstract
An apparatus and method is disclosed for blocking specific television commercials from the viewer's television based upon the characteristics of the television commercial and a program to place the blocked television commercials into an archive. An archive interrogation program then acquires the users search criteria and sends the search criteria to the content search program for a list of matches. The matches are displayed to the user, and the user can select a segment for viewing.
Determine if There Is Prior Art—Using Several Real Examples
By now, you probably discovered your own new idea developing for blocking television commercials (as we continue in this exercise)—an idea that goes beyond what you have read so far as a result of your searching (i.e., the exercises in this book).
If so, you may be wondering if there are potential similarities in your idea, and the patent abstract you just read in the Published Application No. 20040019905. Did you take time to review the claims on application '905? Since your new idea may be close to this idea, you should take time to review these claims.
Are there more patent applications or filings you need to consider? Let's take another step and continue searching in order to determine what might be the “core idea” of these four similar concepts found in the initial prior art search. We need to decide how similar (if at all) these ideas are to your new idea, which you may be considering at this stage.
Again, scanning the returned patent application titles, you notice one particular title, which looks like a controller device of sorts: Application No. 20030192045. Let's take a closer look at this abstract to see what the concepts are in this published patent application.
On your computer, clicking the link to the application title, “Apparatus and method for blocking television commercials and displaying alternative programming,” for number 20030192045 (also shown next), we will unveil more specifics for this prior art idea. You should also review the claims, which at some point you may need to better understand. To see these, click “Images” and note the “Claims” link on the left side of this page. Or, in some cases, the claims can also be read on the same page, immediately following the Abstract.
At this stage, we need to determine what is the entire idea we have just encountered as prior art and work to invent the new idea around it—free and clear of this prior art: Strengthen your idea to be better than what is already on file. Make it stronger and absolutely unique from what you have found in this prior art.
This next abstract describes yet more detail on the complexities in this prior art invention idea for blocking television commercials. Let's now take a look at how the inventor proposes to allow for viewing audience preprogramming of commercial alternatives. Application '045 that follows describes just this.
| United States Patent Application | 20030192045 |
| Kind Code | A1 |
| Fellenstein, Craig William; et al. | October 9, 2003 |
Apparatus and Method for Blocking Television Commercials and Displaying Alternative Programming
Abstract
A logical unit and a commercial blocking program in the logical unit allow alternative viewing options so that the user may define the alternative programming to replace the unwanted communication. The commercial blocking program breaks all incoming television signals into time, video and audio components and is able to recognize specific commercials based on those components. Upon viewing an unwanted commercial, the user indicates that he wants to block the commercial through one of a variety of input methods. The commercial blocking program then prevents the commercial from being displayed on the user's television and causes alternative programming to be displayed instead. The user may configure the alternative programming via the alternative programming logic. The user may configure the alternative programming as a universal television channel, based on the specific commercial, based on the television station, based on the time of day, or based on an elaborate viewing hierarchy. At the end of the blocked commercial, the commercial blocking program displays the television program that was originally displayed on the user's television. Alternatively, the commercial blocking program can buffer the various television programs received from the cable provider and record segments of the cable signal based on certain keywords. The commercial blocking program searches for user-defined keywords, records television programs complying with the search terms, and displays the recorded television programming stored in the memory.
Invent Around the Prior Art While Strengthening Your Idea
A common technique inventors use to strengthen their idea for a new invention is to create an invention around prior art. Rather than devise an entirely new idea, they improve upon an existing idea—building a better mousetrap.
The primary challenge is to exploit the weakness in the prior art idea(s), while stimulating your own line of reasoning. To do this, consider the four abstracts being described in this chapter. What else could you do that this inventor has not yet thought about, in order to create your own novel invention. And, yes, you can reference this prior art as art, which helps to instantiate your idea; however, your idea must be unique from any prior art and especially free and clear of the four Abstracts you have just identified. So, what else can you do, as an inventor, which has not yet been done in this area?
Think at least two years into the future, maybe even more if you can. What will be the state-of-the-art for televisions in the future? Remember, it takes about two years to clear a patent today, so whatever your invention is you must target at least two years into the future.
At this stage in the book, if we were to disclose to you any particular line of thinking about a unique solution, we would be publicly disclosing an invention. If we did this, it might prevent you, the reader, from inventing a solution in this space. Conversely, we can tell you that we have alluded to it now several times in the first three chapters of this book. So it is possible for you to imagine another level of this invention set, which would allow you to be the first to file it as one or more patent applications.
Now, if you want to pursue your own invention at this stage, download or view the full specification patent application information online for these patent application examples—do this at the USPTO Web site we have been discussing. Then, in essence, the goal is to invent around the prior art, such that the current art (your new idea) is strengthened and identifiably more unique and non-obvious.
In every great idea, solution, or strategy—one or more weaknesses may sometimes be found. This is the starting point the inventor seeks in order to discover a problem in need of a solution. Look hard to find any open questions, weaknesses or flaws in the idea. Incomplete thinking also may sometimes unveil a new idea. Keep in mind that flaws seem to travel in herds; so, if you see one, look closely—there may be several more. Leverage any weakness or shortcoming to your advantage. Use this to find intersections for you to invent around, points of absolute novelty yet to be discovered.
Before we work on any of the idea strengthening, let's be sure there are no other ideas related to your new idea (the current art); you need to be fully aware of all the prior art—locate it and make sure you maintain documented copies.
Let's start a more advanced investigation by going back to the USPTO homepage and taking another look at the inventor of this prior art we have found, to see if he (they) might have other patents on file that could relate to the current art:
From the USPTO homepage (www.uspto.gov, left side of page), click “Patent” and then “Search.”
Next, from the Patent Applications section on the upper-right section of the page, click the “Advanced Search” selection.
Note the abbreviated parameter selections on the lower half of this page, in particular, the inventor abbreviation IN.
Note the various patent applications listed from the same inventor and look for any other indirect or direct titles, which may suggest additional prior art inspection being required (e.g., App. No. 20030192050).
Repeat these prior art-searching steps on other search engines to ensure you, as the inventor, you are well aware of any conflicting prior art; again, document all of your search activities. You can later refer to the specifications (for example) of these other patent applications, including the following patent filing, No. 20030192050, as what was found at the USPTO site[16] during the prior art search activities.
[16] To view this patent application specification, please reference http://aiw2.uspto.gov/.aiw?docid=us20030192050ki&SectionNum=3&IDKey=756C15CE5707&HomeUrl=http://appft1.uspto.gov/netacgi/nphParser?Sect1=PTO2%2526Sect2=HITOFF%2526u=%25252Fnetahtml%25252FPTO%25252Fsearchadv.html%2526r=15%2526p=1%2526f=G%2526l=50%2526d=PG01%2526S1=fellenstein%2526OS=fellenstein%2526RS=fellenstein.
What follows is the Abstract[17] from another patent application that is also currently categorized as “Patent Pending.” This filing was identified in the name search of the author (i.e., IN/Fellenstein) and shows additional details on how to enable this kind of an invention for blocking television commercials. Specifically, the following patent application describes how this invention proposes to search for desired alternative content to display during the period that the undesirable commercial is being broadcast.
[17] For more information on this patent application, please reference http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.html&r=15&p=1&f=G&l=50&d=PG01&S1=fellenstein&OS=fellenstein&RS=fellenstein.
| United States Patent Application | 20030192050 |
| Kind Code | A1 |
| Fellenstein, Craig William; et al. | October 9, 2003 |
Apparatus and Method of Searching for Desired Television Content
Abstract
The present invention is an apparatus and method for allowing a user to search for specific content across many television channels in order to locate desirable television shows related to the searched content. Multiplexed cable signals flow thorough a logical unit, which buffers text, associated with the voice stream of each station via the pre-encoded closed-captioning signal or through the real-time voice translation within the logical unit. The user then enters search terms through one of a variety of different input devices. Upon entry of the search terms, the logical unit will compare the entered term with those available keywords stored in each buffer. Lexical parsing associates terms, which may differ from plural to singular forms, or in tense. Additionally, synonym comparisons may be made. The logical unit will return a list of matches for the search criteria and allows the user the option of going directly to the television program. The logical unit also evaluates each returned item for its relevancy to the keywords. When not in use, the logical unit maintains a quiescent but monitoring state permitting continuous creation of lexical buffers. This permits the user who turns the television on to immediately have such search terms available. Alternatively, the logic is implemented at the cable provider and enabled through interactive links to the home. In that case, the home logical unit is unnecessary.
Record Keeping and Invention Strengthening
Keep explicit notes. Copy prior art abstracts, records and applications, and even the patent numbers you have researched—whether they are close to your idea or not. Make a short note as to the results of viewing the other references. Also, make sure you have searched the Issued Patents portion of the USPTO site as well as the Published Applications area of the site. Both areas can contain prior art. Once you have searched all possible sources, you now have a better idea of any conflicting ideas or existing prior art.
So if you still think you have a better idea or enhancement to an idea you have just read about, be tenacious and keep going. Invent around these types of prior art situations if they exist. Make your idea more novel and absolutely unique from any other prior art.
Use Google and USPTO for prior art searching. Use any sites you can find capable of delivering this type of information. Use any of the search engines we have described in this book, and use as many as you can to identify as much prior art as possible.
This not only shows patent evaluators that you, as an inventor, know how to qualify your ideas, but it also shows them that their job may be simpler, as you have provided some amount of the prior art investigative work. Furthermore, this method will help you to see even more clearly your idea as it relates to other potentially similar ideas. This strengthens your messaging in the overall modeling and descriptions of the novelty in your idea. It may even cause you to discover something you were not originally thinking about in your idea.
There is an unspoken benefit to this phase of prior art searching that is clearly one of the most valuable. I am sure that we would agree that it is human nature to be inquisitive (since prehistoric times). So realize that just perhaps, as you have now been reading other prior art or previously submitted patent applications, and perhaps only the abstracts at that, did you discover anything that you have never considered? If so, does it go beyond what you have just read? And if so, do you have a new and unique idea?
Before you answer these questions, go review the specifications (again), which are also listed online for each of these prior art ideas. Look at the images, too, for they can reveal many important graphic aspects of the intellectual property.
So, what is this “new invention” in your mind? Can you describe it in a paragraph? We are giving away an invention at this point in the book: Can you see it? We cannot state it in any fashion, or we would be creating prior art. This is an invention that has not yet been stated, disclosed or considered by anyone, at least not in the public domain. Hint: It also satisfies the second part of the problem the original new idea addressed.
It is common for an individual to be reading other published invention abstracts, in order to clear his or her idea of any prior art, when they suddenly discover something new that is now possibly their own idea—an invention. Call it psychosis, call it insights, or call it discovery, but it is a natural cognitive tendency. Or is it a critical skill? Or is it both? Is it legal? Well, law strictly defines patents, so the inventor always must comply with the patent laws during the inventive stages. This surrounds a problem, solution, and absolute novelty—and then, of course, the non-obvious test.
This new idea you now have, perhaps caused through associations[18]of other ideas, may or may not have been considered by those skilled in the art. What does this mean? Based on earlier discussions in this chapter—it means you must begin this entire prior art evaluation method all over again (only on your new idea) in order to prove the novelty of your new idea. Except now, you must perform this prior art search activity considering only the newly discovered idea—it's search keyword concepts, and everything we have just learned in this chapter, and the last chapter all applies.
[18] Aristotle [ca. 350 B.C.].
Does your new idea pass the invention novelty test yet? Does it need a new prior art test yet—a prior art test not unlike the one that caused you to discover the new idea? If so, apply one last test: Is this new idea something that is non-obvious to those skilled in the art? Is it free of all prior art? If you pass both of these tests with “yes” answers, you may have a new invention idea to explore as a patent.
You want to reference these patent filings as other prior art, in some ways perhaps enabling your new idea. This discovery process can be thought of as a “starburst” effect—where one particular idea causes the discovery of one or more new and distinct ideas. Hint: One new idea could enable the consumers to begin to program the statistical basis for which commercial networks select their advertising sponsors, based on consumer advertising ratings across a small or large grid of television viewers.
Finally, think about the patent applications (or filed patents) you have just reviewed. Have you come up with a new, absolutely unique, better idea, yet? Have you thought of your own unique solution? If you do not have a new idea in your mind, then try thinking further out of the box—say, three to five years into the future. Revisit the original problem that brought you to this point, stated earlier in this chapter. If you have now conceptualized a new idea, and you can prove this new idea is free and clear of all prior art instances—file it. You may have a new patent.
The Illustration Pages
Do not forget to look at the patents and patent application drawings. These can convey tremendous information about the idea.
Click the “Images” button at the top of the database search page at the USPTO Web site. In order to view these images you will need a specialized TIFF viewer. If you require this viewer, click the “Help” button at the top of the page and then click on the topic “How to Access Patent Full-page Images” to get complete instructions on downloading this free software.