Search for US patents before 1971
Anonymous
I. Introduction
Because of their quickness and convenience, online patent search services are taking
more and more important roles in patent search procedure. However, the detrimental
drawback of online patent search makes it never a replacement of traditional search – the
coverage of online patent databases is limited, usually to patents issued after 1971. This
is because many the databases of most online patent search services rely on database of
the Automated Patent System (APS) produced by USPTO which covers US patents
issued since August 1971.
This makes an online patent search, even quick and convenient, almost never a complete
patent search (especially in a prior art patent search) except those new technologies
appeared after 1971 such as lasers and nanotechnology. Therefore, how to search for US
patents issued before 1971 is very important to a patent search for prior art or for other
purposes.
While we were talking about “online patent search” as above, we usually presume that
we can do a “full text” search. However, even though there are not so many online
search services that can provide a “full text” searching for US patents issued before 1971,
we still have a handy online search services that can help us to find some useful
information about patents issued before 1971.
In this article, we will try to discuss some methods in searching for US patents issued
before 1971, either for finding prior art or for some other helpful information about those
patents.
II. Search in the Search Facilities of USPTO and PTDLs
1. USPTO Search Rooms
For those who happen to live near the Search Facilities of USPTO (located in
Arlington, VA), the search for old patents can be conducted in the Patent Search
Room that contains copies of all US patents issued from 1790 to the present. The
patent backfile collection is available both in paper and in image microfilm.
2. PTDL
For those who are not so lucky to live near the Patent Search Room, they always
can find at least one Patent and Trademark Depository Library (PTDL) in his
residing state. PTDLs receive current issues of US Patents and maintain
collections of earlier-issued patents in microfilm form. The scope of these
collections varies from library to library, ranging from patents of only recent
years to all or most of the patents issued since 1790. These collections are
available for use by the public free of charge. The list of PTDLs can be found at
http://www.uspto.gov (the website of USPTO).
3. APS
APS stands for Automated Patent System, an online text search program for
retrieval of current patent information, is available both in the Search Facilities of
USPTO and PTDLs. The file of US patents (USPAT) in the APS consists the full
text of most US patents issued since 1971 and is updated weekly. A new file
USOCR is available for searching in the APS Text Search system approximately
68,000 patents issued in 1970 and 98,000 patens issued between 1971 and 1976
that are missing from the current USPAT file.
The Classified Search and Image Retrieval (CSIR) portion of APS enables rapid
retrieval and browsing of the patent documents images for any patents issued
since 1790, based on patent numbers or technology classifications. The CSIF
functions of the APS are available in the Search Facilities of USPTO as well as
three PTDL Partnership Libraries: Sunnyvale Center for Innovation, Invention &
Ideas (Sunnyvale, CA), Great Lakes Patent and Trademark Center, Detroit Public
Library (Detroit, MI) and South Central Intellectual Property Partnership at Rice
University (Houston, TX).
4. CASSIS CD-ROMs
Every PTDL has a CASSIS computer system installed which is based on a series
of CD-ROMs. The “Patents USAPat” CDs contain facsimile images of US
patents from 1994 to the present which seems no help to search for old patents.
There are another two CDs that are helpful in searching for some information on
patents issued before 1971. The “Patents CLASS” contains the current
classification of all utility, design and plant patents issued since 1790. This
means it can be used to extract a whole list of patent numbers issued within a
given class/subclass. Another CD labeled “Patents ASSIST” is helpful in
accessing bibliographical data for utility patents issued from 1969 to the present
through the Patentee-Assignee Index.
III. Online databases
Although most online patent search services can not do a full text search for US
patents issued earlier than 1971, there still handy of databases available on online
services that can be used to search for information of patents issued before 1971.
These databases are used for patent search in some online search service providers
such as Dialog, Questel•Orbit etc.
1. DERWENT World Patents Index
Derwent World Patents Index (DWPI) is a database produced by Derwent
Information. DWPI takes a special position in patent searching because of its
enhanced titles and rewritten abstracts, as well as its large coverage of countries
(40 patent-issuing authorities) and patent family information. DWPI covers
pharmaceutical patents from 1963, agricultural patents from 1965, polymer &
plastics patents from 1966, all Chemical patents from 1970 and all patentable
technology from 1974. However, the earliest issue date of US patents found
included in DWPI was June 1, 1970.
DWPI is widely included in many online patent search services including Dialog
(http://www.dialogweb.com),Questel•Orbit (http://www.qweb.Questel.Orbit.com)
and STN (http://www.fiz-karlsruhe.de/).
2. CLAIMS/U.S. PATENTS
The CLAIMS/U.S. PATENTS database, produced by the IFI/Plenum Data
Corporation, provides access to over 2.9 million US patents issued since 1950.
This is the largest collection of US patent references available in an online
database.
The CLAIMS patent database contains all granted US chemical patents from 1950
forward. Mechanical and electrical patents, reissues, defensive publications and
statutory invention registrations are included from 1963 forward. Design and
plant patents are available from December 1976 forward. The records before
1971 in CLAIMS only contain basic bibliographic data and the exemplary claims.
CLAIMS/U.S. PATENTS is included in Dialog and Questel•Orbit.
3. CLAIMS/CITATION
CLAIMS/CITATION files are produced by Search Check, Inc., and are made
available by IFI/Plenum Data Corp. It is designed to answer the question of
which later patents cite another patent. The CLAIMS/Citation files reference over
five million patent numbers cited in U.S. patents since 1947. Each record includes
a U.S. patent number plus patent numbers (both U.S. and non-U.S.) cited to that
patent by other U.S. patents. Each quarterly addition to the file also updates the
content of the earlier patents.
CLAIMS/Citation files can be used as companion files to the other IFI/Plenum
CLAIMS patent files since CLAIMS patent file records include citation counts
giving the number of patents cited. After using the CLAIMS patent file, the
CLAIMS/Citation file may be used to retrieve the full list of citing patent
numbers. CLAIMS/CITATION files cover all utility patents granted by the U.S.
Patent Office since 1947.
CLAIMS/CITATION is included in Dialog.
4. INPADOC
The INPADOC database is produced by the European Patent Office. It is unique
in that it brings together patent families from 66 countries and patenting
organizations. Each family record contains bibliographic data consisting of title,
inventor, and assignee for most patents, patent and application data and legal
status information from 22 countries. The earliest coverage began in 1968.
INPADOC is included in Dialog, Questel•Orbit and STN.
5. CHEMICAL ABSTRACT
CHEMICAL ABSTRACTS (CA) is a database produced by American Chemical
Society. It is the world's largest and most up-to-date collection of chemical
information, with more than 15 million abstracts of journal articles, patents, and
more. Sources for CA include more than 8,000 journals, patents, technical
reports, books, conference proceedings, and dissertations from around the world.
About 13,000 records are added every week, with much of the information added
to the database on a daily basis. CA is an exceptional patent database, covering 29
national patent offices and two international bodies. About 16% of the CA
database, over 2 million records, are from the patent literature. For US patents,
the beginning year was 1967.
CA can be found at STN, Dialog and Questel•Orbit.
6. PAPERCHEM
PAPERCHEM is produced by The Institute of Paper Science and Technology
(formerly The Institute of Paper Chemistry). PAPERCHEM is a comprehensive
database covering international patent and journal literature related to pulp and
paper technology. Nearly 900 periodicals in more than 20 languages are screened
as well as the patent gazettes of five major authorities. Included in PAPERCHEM
are abstracts of journal articles, books, dissertations, patents, review and research
articles, symposia, and translations. Patents comprise approximately 30% of the
records in this file. All PAPERCHEM records include bibliographic references
and over 95% of the records include abstracts with a coverage since July 1967.
PAPERCHEM is used in the databases at Dialog and STN.
7. APIPAT
American Petroleum Institute Patent Abstracts (APIPAT), produced by Elsevier
Engineering Information, Inc., provides comprehensive coverage of patents
related to the petroleum, petrochemicals, natural gas and energy industries.
Coverage began from 1964 including patents from US. The content is
bibliographic data. Abstracts are also available to subscribers.
APIPAT can be found at Dialog, Questel•Orbit and STN.
8. TULSA
The TULSA database covers the worldwide literature and patents related to
petroleum explortion, development, and production of petroleum resources,
particularly oil and natural gas. TULSA also covers the areas of gelogy,
geophysics, geochemistry, well drilling, well completion and services, etc. The
searchable contents include bibliographic information, abstracts, indexing terms,
and CAS Registry numbers, covering 1965 to date.
TULSA is used in STN.
9. IMSworld Patents International
IMSworld Patents International, a bibliographic database produced by IMSworld
Publications Ltd., details the evaluated product (or equivalent process) patent
position for over 1,000 commercially significant drugs. It details drug names
(brand names), therapeutic class codes, CAS Registry Numbers by record, etc.
The earliest patent found in this data was issued in 1955.
IMSworld Patents International is used in Dialog.
IV. Other online services
Aside to Dialog, Questel•Orbit and STN that are using comprehensive databases,
there are some other web-based services for searching for earlier US patents or at
least for some information of earlier US patents.
Corporate Intelligence provide full-text patent search back to 1945, the largest
online full-text US patent databases. Besides, it also provides quick downloading
as well as delivery service covering all US patents.
STO is a good place to find information about Classification. It is sometimes
helpful to retrieve a whole list of utility patent number by inputting a
class/subclass (title only available after 1970).
Even though Micropat does not provide full-text search for US patents earlier than
1976, it is helpful in patent order or delivery. The downloadable collection of US
patents covers the patents issued in 1964. They also provide delivery for all
patents issued by USPTO quickly.
V. Search strategies
1. USPTO & PTDL
From the above discussion of coverage of different databases, we understand that
a complete prior art patent search still relies on the search facilities in the USPTO
and the image microfilms in the PTDLs with traditional methods, except those
new technologies appeared after 1970’s such as lasers.
2. Retrieve of whole list patent numbers by class/subclass
There are at least two free ways to get a whole list of utility patent numbers within
a class/subclass: using “PATENTS CLASS” CDs under CASSIS and using STO
Internet Patent Search System at http://metalab.unc.edu/patents/intropat.html.
This step is very helpful because we may, with these patent numbers under
relevant class/subclasses, get a copy of the patents from PTDLs or USPTO for
more information.
3. Online search
Even though not complete, online search is always a convenient and quick way to
find patent information.
a. Full text search
Full text search is always welcome because of its wide searchability. However,
usually the full-text databases can not go early. Corporate Intelligence is the
excellent service that can provide more coverage of full text search (back to
1945).
b. Field search
Bibliographic data of a patent is usually searchable in most databases. INPADOC
is a good database for searching for earlier patents through patent family.
However, CLAIMS (both U.S. PATENTS and CITATION) gives more
searchable technical information close to prior art.
c. Specialized databases
If applicable, the specialized databases are also helpful in finding old patents
related to specific technical field. CA is the most excellent database for doing a
patent search in Chemical field. Other specialized databases include
PAPERCHEM (specialized in paper manufacturing), APIPAT (specialized in
petroleum industry), TULSA (specialized in well drilling) and IMSword
(specialized in drugs) and so on.
4. Cited references
The reference patents cited by the examiners are always a very important prior art
information through which relevant patents can always be found. Usually there
are some old patents cited by the examiners which will be a very good clue to find
prior art patents. As we discussed above, CLAIMS/CITATAION database is a
good online way to find the cited references. Most of them are bibliographic
databases but with earlier coverage than full text databases.
Patents cited by the inventors in the background portion of a patent specification
are also very important to find information of relevant patents.
5. Retrieval of patents
After we get some relevant patent numbers, through online search or other
methods, we always concern about how to get a copy of these patents for further
information. USPTO or PTDLs is a good place to get the copy of the patents if
one is lucky to live near them. Otherwise some retrieval services shall be used
with a payment. Micropat (http://www.micropat.com) and Corporation
Intelligence (http://www.first.com) are two of the good delivery services covering
all the patents.