Apr 112011
 

I sometimes take for granted what life would be like without Google. The ability to instantaneously get almost any information for free is simply amazing. A crucial component of practicing patent law in any area involves gathering the right information. What are the related patents? What language is used in similar patents? Does the invention stand apart from the published applications? Recently, I have been on a quest to find the best services that promote Google’s mantra: publicly available, fast, useful and comprehensive. I found that there’s no dominant, one-size-fits-all service; a lot depends on what you want to search for. Here, I compare 12 publicly available services that tailor to the English language. After my analysis of the strengths and weaknesses, I compare the results of actual test queries to come up with a “best of” list of three services. Ironically, my “best of” list does not include Google. Skip to the Best Of here.

Compared sites

Searching for patent information is tricky for a number of reasons. First, different search engines provide different search capabilities. Some allow you to search for terms that are in close proximity. Some allow for complex combined, boolean search logic (and, or, not). Some allow for wildcards so that you can generate a very expansive result list. In addition to all these search factors, there are differing options of searching through different fields. Some allow you to search through only certain fields at a time (title, abstract, specification, etc), while others allow you to combine the fields. This is why it’s difficult to come up with a list of “best of” list because they are all so different. Click on the links below to be redirected to the corresponding analysis below.

Boliven

Boliven has an extensive database of 60 million patents and patent-applications. It includes these databases: US, EPO, PCT, JPO, KIPO, INPADOC.

I like the interface, as shown above. By default you can search through the entire fields, but if you want to drill down more specifically, you can use the Advanced Search. The big drawback to Boliven is that by trying to make money through subscription service, Boliven limits you to 30 results if you are not a paid subscriber. If you have a very specific query, this should be no problem though. If you would like a free 30-day trial, you can go to this site: www.boliven.com/freetrials. You will be prompted to enter some information. Once you submit that, you need to enter a promo code. The code you can enter for 30 days of Boliven bliss is TrentOstler3. Try it out.

Boliven has limited, but good analytical tools for registered users that do not pay the subscription fee. Also, the search syntax allows for proximity, boolean, wildcard, grouping, and even fuzzy searching. Here is a diagram of the advanced searching syntax:

Canadian Patent Database

This service provides over 2 million patent documents from Canada since 1924. Full document images including cover and abstract are available from 1975 to the present.

The syntax is simple and straightforward.

 

Esp@cenet

Esp@cenet also has an extensive database of 70 million patent documents. The service offers full text search for EPO and PCT patents and applications. In addition, it includes the English abstracts of INPADOC.  You can select and query individual countries in the country’s native language too.

I found the interface straightforward enough. The syntax did not allow for wildcard or complex searching, however.

FreePatentsOnline

FreePatentsOnline is great. The database includes US (applications and patents), EPO, Abstracts of Japan, and PCT. Notably, you have the option the ability to download original patent documents. In addition, FreePatentsOnline recently added non-patent literature so that you can now search the contents of several thousand journals concurrently with your patent search. Very nice.

The syntax for search queries is intuitive. They use the forward slash syntax that the PTO uses, which takes some getting used to. But the options for advanced searching, as provided below, give you the ability to do some intense searching.

Google Patents

The database is somewhat limited to only US patents and applications, a little over 7 million of them. Also, a search query does not show how many results were generated. You just get the 1-10 that appear on the initial page, then it’s a matter of clicking “0” after “o” to see how many more results there are. When dealing with a broad search term, this can be frustrating.

But what Google Patents lacks in coverage and results, it makes up for in speed and familiarity. Almost everyone knows how to use Google. It’s fast and gives you relevant results first. I use it to quickly look up filing dates. I also enjoy the “search within this document” feature.  Sometimes you need the text of an original claim in a patent or patent application. But PAIR only provides the PDF version. Google allows you to convert any words on the patent to text.

The advanced search options allow for more functional searching, but I couldn’t find proximity, wildcard, or advanced boolean searching capabilities. I understand why regular Google doesn’t use such searching styles, as there may be more advanced ways of providing relevant results, but I think this is a weakness for Google Patents to not include it.

KIPRIS

KIPRIS includes 4.5 million patent documents. In addition to patents, KIPRIS houses IPR applications, legal status information and trial information. Plus since 1996, KIPRIS has been run on behalf of KIPO.

The interface is simple and intuitive. The advanced searching also provides a lot of options. Here is the syntax:

Patent Lens

Patent Lens is another great service. Boasting 10,870,431 patent documents, Patent Lens covers US, EPO, PCT and Australia jurisdictions. I like the ability to analyze particular results to see what the patent family is. For instance, if I’m looking at a US application, I can see where else in the world it was filed. Also of interest to me is the Patent Lens Sequence Project, which allows you to search through 80 million DNA and protein sequences disclosed in patents.

The advanced searching is also robust, with boolean logic and proximity searching capabilities.

Patent Surf

An interesting service, Patent Surf primarily focuses its search engine on natural language, rather than use boolean syntax. You can enter a word, phrase, paragraph, or even page and the search engine will generate the most relevant results using relationships that are stored in their database.

The syntax is simple, use natural language! If you want to emphasize a particular word, you can do so with an asterisk–even multiple times.

PatSnap

Great service! This neat and organized interface reminds me of Google. Not only is the interface sleek, it provides additional features that allow for analytics. You can organize your results by assignee, inventor, filing years, patent family. You can also easily export your results, downloading multiple patents. You can also subscribe to receive RSS feeds for particular queries. The database is extensive, including US, EPO, and PCT patents. It is even more extensive, adding Norway, China, Korea, and Japan, if you wish to subscribe to the monthly subscription.

The searching syntax is user-friendly when using the field search, as you can input queries for particular patent sections. The “command line” is a little different, but looks powerful.

 

Sumo Brain

SumoBrain is a useful tool for searching major patent collections. The database includes US (applications and patents), EPO documents, PCT, and JP abstracts. It compares well with other free patent search services in terms of managing queries and saving records.

 

The search syntax is straightforward, using the slash syntax for particular section searching. The weighting operators are worth checking out as a different way to hone searches. The search syntax they provide is the same as FreePatentsOnline’s document.

 

USPTO

The PTO provides two services, PatFT which searches the issued patents and AppFT, which searches the published applications. PatFt provides full text patents since 1976. AppFT provides the full-text applications published since March 2001.

The USPTO’s website is still kind of 1990s in its design. It’s not fancy, doesn’t have analytical options, just provides the results in bare form.

Both services operate using a basic search engine. You have to get the hang of using the syntax.

WIPO PatentScope

Great service. PatentScope is made of two databases, each with its own search interface–the International Applications search, and the National Collections search. The National Collections includes additional breadth in that it includes the international document (PCT) plus individual countries. The full-text searching capabilities include PCT, African Regional Intellectual Property Organization (ARIPO), Brazil (BR), Cuba (CU), Europe (EP), Israel (IL), Mexico (MX), Morocco (MC), Singapore (SG), South Africa (ZA), Spain (ES) and Vietnam (VN). Less than full text for many other countries Argentina (AR), Chile, Columbia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Peru, Republic of Korea, Singapore, Uruguay, Vietnam. This adds up to a total of 7,752,536 patent documents, as noted on their website.

The syntax is straightforward and allows for powerful querying. Below are some syntax examples.

My “Best Of” list

I performed three queries and the results are shown below. To the right of the public patent search services are some proprietary comparisons.

Three services really caught my eye in terms of the interface and the results, effectively making my best of list. They are:

  • FreePatentsOnline
  • PatentLens
  • PatSnap

Conclusion

As noted in the above graphs, free search services are very good, but I believe can get even better. I’m going to make a prediction–this area of patent law will experience significant growth and change in information mining. Gone will be the days of paid-for database services. The Google model will become the norm. In sum, the more advanced our society becomes, the more information we will get. Our task is to optimize the tools for gathering such data because there is a demand out there that frankly demands it.

 Posted by at 1:08 pm
Feb 112011
 

Economics has been a very sexy topic lately.

In the global deflated state we find ourselves in, everyone seems to be focusing on getting back on track economically. One important way to do this  is through innovation. This is the crux of what most people are talking about, at least in the U.S. government: How do we maintain our edge on the rest of the world? How do we encourage businesses to grow? How do we plan for the future generation? President Obama recently answered these questions: “The first step in winning the future is encouraging American innovation.”  The answer is to innovate, now.

Patent Systems can Encourage Innovation.

A country’s patent system can help spur innovation by giving inventors rewards for innovating. But patents translating into innovation is not a guarantee. Finding the right balance for society is key. Relevant questions include: Why does the patent system exist? How long does it have experience? How much participation is there among its citizens? The United States is set up perfectly to have a flourishing patent system. As far back as 1787, the document that would ultimately give Congress the authority to promote the progress of science and useful arts was adopted. The system Congress created shortly thereafter to implement this charge has been fine-tuned for a long time. There are more patents filed in the United States than any other country. The U.S. should be doing very well to spur innovation using patents.

How the U.S. is doing at its center of innovation–the Patent and Trademark Office.

That being said, the PTO is a fairly weak government agency that is resistant to change. The PTO has no substantive rulemaking authority and courts don’t have to give any weight to its policies. See Merck & Co. v. Kessler, 80 F.3d 1543, 1550 (Fed. Cir. 1996) (stating that, because the Patent Act “does not grant the Commissioner the authority to issue substantive rules,” “the rule of controlling deference set forth in Chevron does not apply”). Also, even though there exists a statutory presumption of validity, courts often times don’t give granted patents any deference. E.g., Ass’n for Molecular Pathology, 702 F. Supp. 2d 181, 221 (S.D.N.Y. 2010). It seems likely that structuring the PTO differently could do more to encourage innovation at the PTO. If the courts gave more deference to the expertise of the PTO, the agency could craft better policies and be overall more efficient. The PTO, with David Kappos at the helm, has done a lot of innovating. From introducing multiple pilot-programs to concretely reducing the backlog of patents, the PTO has improved substantially. That being said, could it do more? What grade would you give the PTO? What things would you change?

The world is not very round, especially in China.

Our society is becoming increasingly global just as international protection is becoming crucial. On Wednesday, WIPO released the results of international patent filings for 2010. Overall, there was 4.8% growth from 2009. The number of U.S. fillings declined for the third straight year, but there was remarkable growth in Northeast Asia. China experienced 56% growth in foreign filings. Looking forward, the United States still remains the leader in foreign filings and looks to maintain its lead. That being said, it must increase the number of foreign filings unless it wants China to overtake it the same way China overtook South Korea most recently. With an increase in the number of international patents filed, here’s to hoping that 2011 will continue with growth in innovation.

 Posted by at 10:41 am