Starting Down the Startup Path (Part 6 of a series): Reviewing Patents

Searching for patents is iterative. You type in some keywords. Results reveal more keywords. You type in those keywords. And repeat.

This can be really tedious, irksome even. Sometimes it is hard to figure out whether a given patent is even relevant to your needs.

Fortunately, a number of experts have offered tips to make it easier to read a patent quickly.

TIP: Google® how to read a patent for more tips on efficient ways to review a patent
One excellent result …
Tips for reading patents: a concise introduction for scientists

Here a few other results from that search …

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How to Read a Patent Application in Four Steps
1. Skip the abstract.
Patent abstracts are hard to read–meandering at best, and deliberately vague at worst. The abstract has little legal significance beyond shedding light on the claims and often does not accurately capture the essential nature of the patent.
2. Think through the drawings.
The drawings in a patent application can assist in the understanding of an invention. The United States Patent and Trademark Office (“USPTO”) selects one representative drawing to appear on the front page of the patent. The drawings should show every feature of the invention specified in the claims.
Drawings can be classified into three broad categories:
   Detailed illustration of a manufactured good,
   Block diagram representing the various parts of a system in general terms and indicating the relationship of the parts, or
   Flowchart which gives the steps of the method (commonly used in method and software patents)
3. Read the specification.
The specification is the meat of the patent. It comprises the written portions of the patent except for the first-page information and the claims. A well-written specification will explain the invention in immense amount of detail.
The trick to reading the specification is looking for the problems that the invention solves and how those solutions are implemented.
For method patents describing software, the key is understanding the design of the system. Do not think in terms of code. Gene Quinn from IPWatchdog said it best, “the code is simply a set of directions – a set of instructions that will ultimately explain to the computer what needs to be done.” What you need to understand is “how a computer programmer would be able to get from point A to point B, with point A being a list of desired functionality and point B being the code that enables the functionality.” The inventive step is what is described in that journey. A well-written software patent will discuss multiple ways a computer coder will seek to accomplish the same task.
See an example of a patent application
You will come across the following parts in a specification:
   Title of the invention
   Cross-reference to related applications – if this patent belongs to a family of patents–i.e., is related to other patents or based on earlier-filed U.S. applications–it will say so after the title.
   Statement regarding federally sponsored research or development – found in applications where invention was developed under a contract from, or sponsored by a U.S. government agency.
   Reference to microfiche appendix – a microfiche or CD-ROM appendix may be supplied with the application when listing a very lengthy DNA sequence or computer program. Chances are you will never need to locate this information.
   Invention background
       Generally the first paragraph puts the invention in context. A connecter may be used to describe the problem the invention solves or the area of technology in which it falls.
       Following is a description of prior art, which is earlier inventions. A brief comment as to why the invention is better, more effective, or cheaper may be included.
       Next is a description of the invention’s various features and nuances. For example:  “copy parental verification description of element A.”
       Patents pre-dating the America Invents Act (“AIA”) report a best mode, a detailing of the preferred way to practice the invention or how it works best. Whether the AIA did away with the best mode requirement is a topic for discussing in another blog post, for now (if the application was filed after September 16, 2011, it may or may not include a best mode.)
Unless it’s a mechanical or manufactured-good patent, skip the painfully detailed descriptions of each drawing. The task of flipping pages back-and-forth to link the reference numerals on the drawing with the text in the spec is unnecessary and time-consuming.
4. Read the claims with caution.
The most important part of the patent is the claims. The enforceability of the patent depends on this section. The USPTO requires particular formatting of patent claims, which are often hard to read. It may help to think of the claims as written in their own computer language and designed by patent attorneys and examiners which includes a distinct syntax, a dictionary-maker, and defined-methods.
Here are some things to think about when reading claims:
   Patent-specific lingo – certain words carry specific meaning. For example “Element A including ingredients 1, 2, 3, 4” has a completely different meaning then “Element A consisting ingredients 1, 2, 3, 4.” The former would cover Element A with ingredients 1,2,3,4 and anything else you want to throw into the mix. The later claim would cover Element A with only ingredients 1, 2, 3, and 4.
   Patent grammar – nowhere will you find more run-on sentences than in a patent. According to the Manual of Patent Examining Procedure (MPEP)Section 608.01(m) a claim is a sentence, no matter how many words. If the claim requires 800 words to accurately protect its inventiveness than behold one sentence with 800 words.
   Means-plus-what? – After recent decisions by the Federal Circuit, even the patent bar is perplexed as to its correct usage.  Means-plus-function claims allows the drafter to describe an element in terms of what it does rather than its structure.
   Narrowing the scope – a claim describes the various component’s structure and how those components interrelate. The independent claim (standalone claims that do not reference any other claim) defines the invention in the broadest terms and excludes all unnecessary options. Dependent claims are used to narrow the independent claim by describing additional elements or adding restrictions or by narrowing the scope of a term.
   A Patentee is his/her own lexicographer-When drafting a patent, a patentee (more often the patent attorney) can invent a term or give a term a new or more restrictive meaning than would normally apply.
By actonline|July 11th, 2014|Blog, Uncategorized
source: https://actonline.org/2014/07/11/how-to-read-a-patent-application-in-four-steps/
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How to read a patent in 60 seconds
Skip everything except ...
Step 5: Find the independent claims, and read them
The claims are the only part of the patent that have any actual legal enforceability.  While they’re still a pain to read, they’re forced to be one sentence so at least they’re relatively short (modulo the occasional run-on sentences half a page long).  They can be wicked difficult to parse in detail, but a skim will get you pointed in the right direction.
source: https://www.danshapiro.com/blog/2010/09/how-to-read-a-patent-in-60-second/
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How To Read a Patent
12/03/2019
In this section, we provide a roadmap of U.S. Patent No. 5,723,765 with explanatory text of the purpose and goals of each section. The U.S. patent is used as a model because of its well-ordered structure and because its format is similar to patents in other major jurisdictions (e.g., Europe).
See the complete text of U.S. Patent 5,723,765 or download the PDF original file.
This patent has three main sections:
   a cover page which presents bibliographic information,
   a specification, which describes the invention, and
   claims, which define the the scope of activity from which the patentee has the right to exclude others unless they sign licensing agreements.
Cover Page – Bibliographic information
The cover page presents information that is mainly bibliographic in nature. None of this information, including the abstract, has any legal import for interpreting the patent. The data provides notice mainly of historical facts and identifying elements, such as application filing date and serial number.
A bracketed number, which is found adjacent to each data sub-section on the cover page, refers to a specific field that the Patent Office uses for internal identification purposes. For ease of discussion, the same numbers are referred to in this primer.
[19] Type of the publication (e.g., U.S. Patent) and first inventor’s name.
[11] Patent number.
[45] Date the patent is issued
[54] Title of the patent.
[75] Inventors names and place of residence
[73] Assignees (patent owners) and their place of business
[21] Application number, which is assigned by the patent office.
[22] Filing date of the patent application.
[63] Related applications that the patent is claiming priority from.
[51] “International Classification” code, which is also known as the ” International Patent Classification (IPC)”.
[52] U.S. classification codes that the patent relates to and which are assigned by the Patent Office Examiner. The bolded code is considered to be the most relevant classification.
[58] Field of Search contains the U.S. Classification codes that the Examiner searched for prior art.
[56] References made of record in the application process for the patent. Following the references, the names of the Primary Examiner at the Patent Office, the Assistant Examiner (if any), and the Attorney, Agent or Firm of record are listed.
[57] Abstract, which is a short description of the invention.
Finally, at the bottom of the cover page, the number of claims and drawings in the patent are displayed.
data
Specification – description of the invention
The specification is also called the disclosure. It contains a description of the invention that must satisfy certain writing requirements.The layout of a specification varies from place to place. It is relatively consistent between the US and Europe, except that (b) and (c) are unique to the U.S.:
(a) title of the invention;
(b) cross-reference to related applications;
(c) statement regarding federally sponsored research, if applicable;
(d) background of the invention;
(e) summary of the invention;
(f) description of the drawings;
(g) detailed description of the invention;
(h) sequence listing; and
(i) claims.
The specification has particular value as an aid to interpreting the scope of the claims. Thus, a patent specification is drafted both to satisfy the written requirements for patentability as well as to define claim scope. With this in mind, we will examine each major section of the specification and analyze what purpose is being accomplished. Background of the Invention is typically drafted for a jury audience. Selected art in the field is discussed to emphasize differences with the current invention, and although not well developed in the background of the exemplary patent, to point out the needs for the current invention. Summary of the Invention, which is distinct from the abstract, is meant to discuss the invention (i.e., the claims) rather than the disclosure as a whole. Often, the summary will discuss advantages of the invention or how it solves the problems existing in the art, such as those presented in the Background of the Invention. Detailed Description of the Invention is the meatiest section of a patent. Its purpose is to adequately and accurately describe the invention. There are generally two sections:
   a general explanation of the invention and how to practice it; and
   specific examples of how to practice the invention.
Many new readers find the purposes of these two sections confounding and assume that the examples set forth how the invention will be practiced. Rather, examples are meant only to illustrate, but in no way to limit, the claimed invention.
(i) In the first section the invention is described in its broadest sense, to show that the inventors have a broad view of the scope of the elements. Often, preferred embodiments of the invention are described. Such embodiments are generally more limited versions of the broadest concept and are provided for support for a fall-back position of narrower claims if the broader concept is not patentable. Definitions of key terms are often provided and are extremely important in interpreting the scope of the claims.
(ii) A patent application does not require examples, however in practice, examples can often assist in showing patentability (e.g., enablement). The examples may or may not have been performed by the inventors. “Working” exam ples present completed undertakings. “Prophetic” examples are hypothetical undertakings and are always written in the present or future tense. Typically, the examples demonstrate practice of one or more specific embodiments of the invention.
If necessary, a Sequence Listing, including every nucleic acid molecule that is at least 10 nucleotides and every disclosed protein that is at least 4 amino acids, is presented as a third section.
Claims – The most important part of a patent
The claims must “particularly point out and distinctly claim the subject matter which the applicant regards as his invention.” The reasoning is that possible infringers must be able to understand what is and is not protected. There must be at least one claim in a patent. A claim is presented in two parts, the preamble and the body, with a transition word or phrase between them.
   The preamble is an introductory statement that names the thing that is to be claimed. For example, “A method for making a genetically modified plant.”
   The body of a claim defines what the elements or steps of the named thing are. In claim 1, the body of the claim consists of the steps of “stably transforming” and “regenerating.”
The transition words or phrases commonly used are “comprising,” “consisting of” and “consisting essentially of” and have very distinct meanings:
   “Comprising” is open-ended language, meaning that the claim encompasses all the elements listed but does notexclude additional, unnamed elements. For example, if a claim recites elements “A” and “B”, an individual that practices the invention using elements “A” and “B” is infringing, and using “A”, “B”, and a new element “C” is infringing, whereas if she only uses element “A” or “B”, she is not infringing.
   In contrast, the transitions “consisting of” and “consisting essentially of ” have more limited scope. “Consisting of” means that the device (or method) has the recited elements (or steps) and no more. For example, if a claim recites ” A” and “B” and the individual uses only “A”, or “A” and “C” but not “B”, or even “A”, “B”, and “C”, the claim is not infringed.
   The meaning of “consisting essentially of” is intermediate to comprising and consisting of. A claim using this transition includes additional elements only if they do not affect the basic and novel characteristics of the claim. ” Consisting essentially of” is not often used.
Claims also come in two flavors: independent and dependent.
   An independent claim (e.g., claims 1, 10, 19, 28, 37, 46, and 55) stands alone. It includes all the necessary limitations and does not depend on or include limitations from any other claim.
   A dependent claim refers back to and further limits another claim or claims. Moreover, a dependent claim includes all the limitations of the claim incorporated by reference [see Claim 4 of U.S. Patent].
Why have dependent claims?
Dependent claims serve very important purposes.
   One purpose is for defining the scope of elements in an independent claim. If an element of an independent claim is a “transiently-active promoter” and a dependent claim recites an “LEA promoter”, the “transiently-active promoter” must encompass more than the “LEA promoter” because otherwise the two claims would have the same scope, which is not allowed.
   Dependent claims are also written to protect specific embodiments of an invention. Should a court find that the main claim was wrongly granted, a dependent claim may still be valid.
   In addition, it is easier for a jury determining whether infringement has occurred to have the alleged infringing activity clearly spelled out in a claim rather than have to infer it.
source: https://support.lens.org/help-resources/the-basics/how-to-read-a-patent/
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Journal
Expert Opinion on Therapeutic Patents
Volume 28, 2018 - Issue 4
Editorial
Tips for reading patents: a concise introduction for scientists
Kate E. Donald, K. M. Mohibul Kabir & William A. Donald
Pages 277-280 | Received 12 Dec 2017, Accepted 01 Feb 2018, Accepted author version posted online: 07 Feb 2018, Published online: 13 Feb 2018
   Download citation https://doi.org/10.1080/13543776.2018.1438409 CrossMark Logo CrossMark
In this articleClose
   ABSTRACT
   1. Tip 1: know the difference between patents and patent applications
   2. Tip 2: get your bearings
   3. Tip 3: read the abstract
   4. Tip 4: jump to the examples
   5. Tip 5: read the claims
   6. Tip 6: check the dates
   7. Tip 7: patents are not subject to the scientific method and peer review
   References
ABSTRACT
Many commercial and academic institutions protect their commercially valuable research information using patents, making the patent literature a rich and early source of cutting-edge research. While scientists and students often create the data that finds its way into patents, some rarely read the patent literature. Here, we provide an informal and brief collection of hints and tips that may assist scientists and students who do not regularly read the patent literature to locate the key scientific findings that are disclosed by patentees. These tips will introduce the reader to: (i) the general structure of patents and the sections of the patents that scientists and students may find particularly helpful; and (ii) a few factors to keep in mind when using data disclosed in the patent literature, such as patent lifespans, jurisdictions and the patent review processes. Although this is not a comprehensive and complete guide to reading patents, the accessible nature of this informal introduction to patent reading should assist scientists and students to make more effective use of the cutting-edge research disclosed in patent specifications.
KEYWORDS: Patent reading, patent structure, scientists, students, hints, tips, informal introduction
As patents are typically obtained for inventions that have not been disclosed to the public, patent applications are often the first report of commercially valuable research information. In the patent literature, over two-thirds of technical information that is disclosed in a medical subfield did not appear in scientific journals [1] and Bregonje reported that more than 50% of information in some chemistry disciplines was disclosed only in the patent literature [2]. For example, a high-performance palm portable chemical detection instrument [3], which can be considered a groundbreaking invention for disease diagnosis, was introduced to the patent literature [4] 3 years prior to being reported in a scientific journal in 2009 [5]. However, some scientists rarely read (and often avoid reading) patents. Why? Because they are seen as long and complex documents. Also, the large number of patents in a given area can be daunting and has given rise to the development of advanced algorithms and search methods (i.e. patent informatics) [6–9] to assist companies, researchers, and inventors to identify relevant patents and keep up to date with the expanding patent literature.
In the journal literature, there are a few articles that outline and discuss the structure of patents [10,11]. However, articles in this area are aimed toward engineers and lawyers and do not provide advice on how to locate scientific findings in patents. Here, we provide an informal and brief collection of hints and tips to make patents more accessible to scientists and students. This tutorial is not a comprehensive guide to reading patents and is presented in a way that we hope will provide a simple and concise introduction that is easy and enjoyable to read.
1. Tip 1: know the difference between patents and patent applications
When an applicant files an application for a patent, the application will include a version of the patent that the applicant would like the patent examiner to review and assess. Once this version of the patent is filed, it will typically remain confidential for a period of 18 months. Upon the expiration of the 18-month period, this version will be published as a ‘patent application’ with an identifying number and (in many countries) the identifying number will be followed by the letter ‘A’. After the examiner assesses the patent application and is satisfied that it meets the local legal requirements (and the applicant attends to the various administrative requirements) the patent application will be granted/issued and is referred to as a ‘granted patent’, ‘issued patent’, or informally as a ‘patent’. In some countries, the granted patent will have the same number as the patent application but with the letter ‘B’ or possibly ‘C’ following the number. In other countries (notably the USA and Japan), the granted patent will be published with a different number from the patent application. The key point is that the patent application will be the first public disclosure of the scientific findings.
Free full text source: https://ilr.law.uiowa.edu/print/volume-104-issue-5/machine-learning-at-the-patent-office-lessons-for-patents-and-administrative-law/
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Starting Down the Startup Path: TOC – Table of Contents
If you enjoyed this post, you might like some of the others in this series. Here is a convenient way to find them.
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Starting Down the Startup Path (Part 1 of a series)
How do you find emerging technology? One way is to focus on startups.
OK, fine, but how do you discover the startups that offer a technology of interest to you? One way is to focus on venture capital firms that focus on the areas of interest to you.
Read full post at:
https://desulf.blogspot.com/2019/12/starting-down-startup-path-part-1-of.html

Starting Down the Startup Path (Part 2 of a series)
Anyone involved in venture capital or its variants is interested in identifying potential candidates for investment opportunity. Finding these candidates is not easy. But a place to start on startups is to see what companies other venture capital firms have identified.
Read full post at:
https://desulf.blogspot.com/2019/12/starting-down-startup-path-part-2-of.html

Starting Down the Startup Path (Part 3 of a series)
Panning for Google® gold: startups with promising new technologies
The previous post in this series featured the List of Top Oil and Gas Private Equity Firms discovered as the result of a Google® search. The list focuses on companies pursuing acquisition and development of existing resources. While the list will be useful to many, this series of posts focuses on techniques you can use to identify startups with promising new technologies.
So, on to the next step in the quest to find new technology on the cusp of successful deployment.
Read full post at:
https://desulf.blogspot.com/2020/01/starting-down-startup-path-part-3-of.html

Starting Down the Startup Path (Part 4 of a series)
Nothing Ventured, Nothing Gained: Follow the Lead of the Oil Majors
How do you identify startups that fit your corporate goals? One way is to set up and advertise a venture capital unit, which enables young companies to pitch their technology to your corporation.
And that is just what several oil majors have done.
Studying their portfolios can provide a wealth of helpful information, whether you are a venture capitalist, a startup, or simply interested in identifying emerging technology.
Read full post at:
https://desulf.blogspot.com/2020/01/starting-down-startup-path-part-4-of.html

Starting Down the Startup Path (Part 5 of a series): Searching Patents
Patents: Emerging Tech
Patents are a rich source of cutting-edge research. And much of the research reported in patents never appears in peer reviewed journals. So, to identify emerging technology in your field, consider searching the patent literature on a regular basis.
TIP: Read Tips for reading patents: a concise introduction for scientists for an excellent overview on this topic.
Read full post at:
https://desulf.blogspot.com/2020/02/start-up-startdown-path-parti-5-of.html

Starting Down the Startup Path (Part 6 of a series): Reviewing Patents
Searching for patents is iterative. You type in some keywords. Results reveal more keywords. You type in those keywords. And repeat.
This can be really tedious, irksome even. Sometimes it is hard to figure out whether a given patent is even relevant to your needs.
Fortunately, a number of experts have offered tips to make it easier to read a patent quickly.
TIP: Google® how to read a patent for more tips on efficient ways to review a patent
Read full post at:
https://desulf.blogspot.com/2020/03/starting-down-startup-path-part-6-of.html

Starting Down the Startup Path (Part 7 of a series): Patents and Run On Sentences
Per USPO rules, the Claims in a patent must be stated in a single sentence. In many cases, the “single sentence” can be, thanks to colons, commas, semicolons, et al., several hundred words long.
But remember that, as difficult as it may be to wrap your head around any given claim, it still is faster than reading the whole patent.
Read full post at:
https://desulf.blogspot.com/2020/03/starting-down-startup-path-part-7-of.html

Starting Down the Startup Path (Part 8 of a series): Mining Patents for Keywords
Mining patents for useful information can be tedious. One thing you can do is to look for keywords to use in Google® searches. For example, in a previous post I listed a Breakthrough Technologies LLC patent with the following claim …
Read full post at:
https://desulf.blogspot.com/2020/03/starting-down-startup-path-part-8-of.html

Starting Down the Startup Path (Part 9 of a series): PTQ Catalysis 2020
PTQ Catalysis 2020 is ready to view at www.eptq.com. As always, it is rich in useful information. In the context of our Startdown the Startup Path series of posts, one article in particular caught my eye …
Pilot plant studies of hydrotreating catalysts
Read full post at:
https://desulf.blogspot.com/2020/03/starting-down-startup-path-part-9-of.html

Starting Down the Startup Path (Part 10 of a series): The Bigness of Machine Learning
Big data is a big deal. We humans generate so much data that our puny brains are unable to process it. So we have created machines to do that for us.
There is a whole discipline called machine learning designed to train these machines to process massive amounts of data in useful ways.
“Machine learning,” as Serdar Yegulalp notes in an InfoWorld article, “is a complex discipline. But implementing machine learning models is far less daunting and difficult than it used to be, thanks to machine learning frameworks—such as Google’s TensorFlow—that ease the process of acquiring data, training models, serving predictions, and refining future results.”
Read full post at:
https://desulf.blogspot.com/2020/03/starting-down-startup-path-part-10-of.html

Starting Down the Startup Path (Part 11 of a series): Thread the Needle
In a horse race, the goal is to bet on the winning horse. Common sense tells us that if we knew for a certainty which horse would win the race, racing them would be pointless. The same logic applies to new technologies, and the companies that create them.
That’s why it can be useful to look at companies that have been examined by investment funds like the Columbia Seligman Communications and Information Fund.
Read full post at:
https://desulf.blogspot.com/2020/04/starting-down-startup-path-part-11-of.html

Starting Down the Startup Path (Part 12 of a series): Patent Prior Art Search
Prior Art Search: Everything you need to know
If you’re looking to understand everything about prior art search, you’ve landed on the right page. By the time you finish reading this guide, you’ll likely have built a solid understanding of what can be included in the prior art, how you can use this knowledge to conduct a patent search all by yourself and avoid spending valuable resources on the non-patentable subject matter.
Read full post at:
https://desulf.blogspot.com/2020/04/starting-down-startup-path-part-12-of.html

Starting Down the Startup Path (Part 13 of a series) Dibenzothiophene Patents 2020
What’s the quickest way to determine if a patent is of interest to you? Depends on your purpose. This tip sheet may help you decide which section of a patent to focus on.
Read full post at:
https://desulf.blogspot.com/2020/05/starting-down-startup-path-part-13-of.html

Starting Down the Startup Path (Part 14 of a series)-Google Patents Find Prior Art Link
Patent research is important in any area of research you are engaged in ... especially if you are a startup, or are considering investing in a startup.
Prior art is an important concept in patent research.
In this regard, Google® Patents Prior Art Link is useful. When you find a patent of interest, in the upper right of the screen you will find a link labeled Prior Art.
Read full post at:
http://desulf.blogspot.com/2020/05/starting-down-startup-path-part-14-of.html

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Google® Better!
Jean Steinhardt served as Librarian, Aramco Services, Engineering Division, for 13 years. He now heads Jean Steinhardt Consulting LLC, producing the same high quality research that he performed for Aramco.

Follow Jean’s blog at: http://desulf.blogspot.com/  for continuing tips on effective online research
Email Jean at research@jeansteinhardtconsulting.com  with questions on research, training, or anything else
Visit Jean’s Web site at http://www.jeansteinhardtconsulting.com/  to see examples of the services we can provide