Tips for Starting an AOP Study
Posted on Mon, Jan 23, 2012
Article One publishes a Tip of the Week in each edition of our email newsletter. The following is a compilation of Tips that center on the subject of getting started with the search process.
As a Researcher, it can seem daunting to find a starting point in a Study. The huge amount of information and data available on the Internet requires background research to get going. We've written about the basic methods tackling this stage in the Study before, but here are some additional tips that can help get your research rolling.
1. Be Creative with Technology
Ask yourself basic questions: Who benefits from the invention? Whose problem is the invention solving? What professional fields will possibly apply this invention?
This manner of thinking will lead to broad-based consideration of the technology, which is crucial at the outset of a Study. Even though an invention's intended application is clearly articulated in the Study description, it's important to keep in mind that technology is adapted and transferred in unexpected ways. Asking critical questions and thinking outside the box at this stage may lead you to fields that apply similar technology in novel ways. The strongest and rarest prior art is often found when following these non-intuitive avenues of research, so be creative!
2. Utilize the USPTO
Search Templates
The USPTO offers access to the classification guidelines that its own examiners use in the prosecution (i.e. patent-granting) process. The "Search Templates" are described on the USPTO site as follows:
"Search templates define the field of search, search tools, and search methodologies which should be considered each time a patent application is examined in that classification area. The templates describe search tools for U.S. and foreign patents and non-patent literature. Additionally, general Internet search tools used by patent examiners are listed."
These may prove useful in designing a search strategy specific to each technology area. Find these search templates in our Resources and Tools page.
Patent File History
Patent file histories can be found on the USPTO Public PAIR website. The file history contains helpful search strategies derived from the work of the official patent examiner. The history is essentially an example of how an experienced researcher chose to approach the technology, so it can provide information on where and where not to spend time searching. The file history also contains information on exactly why the cited references were cited against the Study patent, and why they were not sufficient to prevent the allowance of the patent.
3. There are No Extraneous Facts
Unlike mystery stories, all the information Article One presents to you in the Study description is relevant. We're not trying to throw you off the track or be obtuse. In fact, our team painstakingly ensures that we provide you all the information you need to be successful in every Study. Where possible, we provide you with copies of the patents themselves. This tip applies just as well to claims.
Sign up for our weekly newsletter here.