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Interpretation of Search
Results and Patent Claims


Caezar Angelito E. Arceo
Registered Patent Agent in the Philippines
(Non-chemical field, 2006; Chemical field, 2007)
Mentor, Patent Agent Qualifying Examinations 2011, 2012
Incorporator, Association of PAQE Professionals, Inc.




Training on Invention Spotting, Patent Search, Documentation and Interpretation
Philippine Council for Agriculture, Aquatic, and Natural Resources Research and Development (PCAARRD)
Bulwagang Panday Karunungan, PCAARRD, Los Baños, Laguna (Philippines)
18 December 2012
Outline


1.0 Prior art quick review              5 min
2.0 Prior art search quick review       5 min
3.0 Exercise                            65 min
4.0 Synthesis: Tips, tricks, shortcut   14 min
5.0 End                                 1 min / Free
1.0 Prior art quick review

1.1 What is a prior art?
1.2 How prior arts work?
1.1 What is a prior art?

According to the IP Code, prior art shall consist of:

      (1) Everything which has been made available to the public
          anywhere in the world, before the filing date or the priority date
          of the application claiming the invention (Sec. 24.1, RA 8293)

      (2) Patent application itself! (Sec. 24.2, RA 8293)



               In short, a prior art is:

               (1) Anything that is already available anywhere in the
                   world before the patent application;
               (2) Anything the inventor will disclose to the Patent
                   Office after the patent application.


                                                                          © 2012 by Caezar AE. Arceo
                                                                     Claim drafting crash course for the
                                                                       Sapalo Velez Bundang & Bulilan
© 2012 by Caezar AE. Arceo
                                     Claim drafting crash course for the
1.2 How prior arts work                Sapalo Velez Bundang & Bulilan



A mouse trap                    PRIOR ART?
                                      Tacky glue trap




            PRESENT INVENTION


 FUTURE
PRIOR ART


                                     Sandtail sentinel




          Mouse trebuchet
2.0 Prior art search quick review

1.1 What is a prior art search?
1.2 How to do prior art search?
2.1 What is a prior art search?
2.2 How to do prior art search?

Some search engines and online patent databases:

Organization            Coverage     Link
European Patent         EU patents   http://www.epo.org/searching/free/espacenet.html
Organization
US Patent and           US patents   http://patft.uspto.gov/
Trademark Office
World Intellectual      Worldwide    http://patentscope.wipo.int/search/en/search.jsf
Property Organization
Intellectual Property   Local        http://patents.ipophil.gov.ph/patsearch2/
Office of the           inventions
Philippines



…and then proceed with the techniques
that you learned yesterday!
3.0 Exercise
General instructions:

(1) Group yourselves and grab your writing materials.
(2) You may switch on your “specialist knowledge” for this exercise, provided, that
    you will accept my disclosures as true.
(3) Listen to my disclosures and ask questions.
(4) Do online searches and, after scanning the patent documents retrieved,
    prepare a matrix like this for presentation. Present your works.
    Disclosure     Prior art(s)    Is invention novel?   If yes, list what to claim




(5) A general model solution will be shown at the end of the exercise. However,
    please do not expect right or wrong comments about your work.
Tindig-Kamatis Stand™ or TiKaS™
Tindig-Kamatis Stand™ or TiKaS™
Background of the invention
(1) Patterned after traditional staking method.
(2) Typical plant tie is a piece of string or
    cloth. Tying is cumbersome, especially if
    you are alone. Imagine tying plant parts
    as the plant grows. Isn’t it parusa to you?


Summary of the invention
(1) Need for string and cutters is eliminated,
    thereby saving time.
(2) Using my invention, ties are maintained in
    tied plant parts as the plant grows.
(3) The whole material can be rolled up for
    compact storage.
(4) Plant strap can be velcro, or “hook-and-
    loop type.
(5) Wires can be used instead of the plant
    strap.
STOP!
Next slide is the solution.
Model solution
Simple claim interpretation

What is claimed is

1. An apparatus for securing a plant to a stake, comprising:
an elongated portion comprised of a flexible material,
a plurality of plant straps including a top plant strap, each plant
   strap comprising a releasable fastener, and wherein each plant
   strap is affixed to the elongated portion at a predetermined
   location, and wherein the top plant strap is longer than the other
   plant straps of the plurality of plant straps; and wherein the
   elongated portion folds over the top of the stake, and wherein
   the top plant strap wraps the elongated portion around the top of
   the stake.
Simple claim interpretation

What is claimed is

1. An apparatus for securing a plant to a stake, comprising:
an elongated portion comprised ofimpression:
                               Initial a flexible material.
a plurality of plant straps including a top plant strap, each plant
   strap comprising a releasable fastener, and wherein each plant
                               (1) Lone claim.
   strap is affixed to the elongated portion at a predetermined
                               (2) Directed to a device to
   location, and wherein the top plant strap is longer than the other
                                  use as a plant stand.
   plant straps of the plurality of plant straps; and wherein the
   elongated portion folds over the top of the stake, and wherein
   the top plant strap wraps the elongated portion around the top of
   the stake.
Simple claim interpretation

What is claimed is

1. An apparatus for securing a plant to a stake, comprising:
an elongated portion comprised of a flexible material,
a plurality of plant straps including a top plant strap, each plant
   strap comprising a releasable fastener, and wherein each plant
   strap is affixed to the elongated portion at a predetermined
   location, and wherein the top plant strap is longer than the other
   plant straps of the plurality of plant straps; and wherein the
   elongated portion folds over the top of the stake, and wherein
   the top plant strap wraps the elongated portion around the top of
   the stake.

 This is the field of the invention. The system used by this
  presentor dictates that this is how the prior art looks like.
Simple claim interpretation

What is claimed is

1. An apparatus for securing a plant to a stake, comprising:
an elongated portion comprised of a flexible material,
a plurality of plant straps including a top plant strap, each plant
   strap comprising a releasable fastener, and wherein each plant
   strap is affixed to the elongated portion at a predetermined
   location, and wherein the top plant strap is longer than the other
   plant straps of the plurality of plant straps; and wherein the
   elongated portion folds over the top of the stake, and wherein
   the top plant strap wraps the elongated portion around the top of
   the stake.

 Major parts of the invention. Since this is a US Patent, this portion
  distinguishes the invention from that of the prior art.
Simple claim interpretation

What is claimed is

1. An apparatus for securing a plant to a stake, comprising:
an elongated portion comprised of a flexible material,
a plurality of plant straps including a top plant strap, each plant
   strap comprising a releasable fastener, and wherein each plant
   strap is affixed to the elongated portion at a predetermined
   location, and wherein the top plant strap is longer than the other
   plant straps of the plurality of plant straps; and wherein the
   elongated portion folds over the top of the stake, and wherein
   the top plant strap wraps the elongated portion around the top of
   the stake.

 The invention can only work with all of the components present.
They further characterize the invention.
4.0 Synthesis: Tips, tricks, shortcut

4.1 Tips
4.2 Tricks
4.3 Shortcut
4.1 Tips
(1) Capture important terms and their derivatives and
   synonyms.

    “Staking”, “stake”, “staked”, “securing plant in a stake”
    “Plant holder”, “plant part holder”,
    “Post fix”, “Fastener”,
    “Tie”, “Tying”, “String”, “Cloth”
    “Fastener”


    What else???                                   Also, HOW?
                                                     Look for keywords.
4.1 Tips
(2) Check “generalizing” words.


    “Velcro”, “Hook-and-loop”
                                 vs.    “Fastening strap”
                                        “Fastening means”


    “Kamatis” or “Tomato”       vs.    “Crop” or “Plant”


    “Soil”                      vs.    “Ground”
4.2 Tricks

(1) Vocabulary buildup.
(2) Ask questions.
(3) Familiarize database-specific keys and features. Identify their
    strengths and weaknesses.
(4) Do not limit your search using one database.
(5) Outsource.
4.3 Shortcut




               …it’s the ultimate shortcut.
5.0 Any questions?



And...thank you!




                     © 2012 by Caezar Angelito Estioko Arceo

                                         cangear@yahoo.com
                            http://ph.linkedin.com/in/cangear
                           http://www.slideshare.net/cangear
                            http://www.youtube.com/cangear
                               http://www.twitter.com/cangear
                              http://www.scribd.com/cangear

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Interpretation of Patent Search Results and Patent Claims

  • 1. Interpretation of Search Results and Patent Claims Caezar Angelito E. Arceo Registered Patent Agent in the Philippines (Non-chemical field, 2006; Chemical field, 2007) Mentor, Patent Agent Qualifying Examinations 2011, 2012 Incorporator, Association of PAQE Professionals, Inc. Training on Invention Spotting, Patent Search, Documentation and Interpretation Philippine Council for Agriculture, Aquatic, and Natural Resources Research and Development (PCAARRD) Bulwagang Panday Karunungan, PCAARRD, Los Baños, Laguna (Philippines) 18 December 2012
  • 2. Outline 1.0 Prior art quick review 5 min 2.0 Prior art search quick review 5 min 3.0 Exercise 65 min 4.0 Synthesis: Tips, tricks, shortcut 14 min 5.0 End 1 min / Free
  • 3. 1.0 Prior art quick review 1.1 What is a prior art? 1.2 How prior arts work?
  • 4. 1.1 What is a prior art? According to the IP Code, prior art shall consist of: (1) Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention (Sec. 24.1, RA 8293) (2) Patent application itself! (Sec. 24.2, RA 8293) In short, a prior art is: (1) Anything that is already available anywhere in the world before the patent application; (2) Anything the inventor will disclose to the Patent Office after the patent application. © 2012 by Caezar AE. Arceo Claim drafting crash course for the Sapalo Velez Bundang & Bulilan
  • 5. © 2012 by Caezar AE. Arceo Claim drafting crash course for the 1.2 How prior arts work Sapalo Velez Bundang & Bulilan A mouse trap PRIOR ART? Tacky glue trap PRESENT INVENTION FUTURE PRIOR ART Sandtail sentinel Mouse trebuchet
  • 6. 2.0 Prior art search quick review 1.1 What is a prior art search? 1.2 How to do prior art search?
  • 7. 2.1 What is a prior art search?
  • 8. 2.2 How to do prior art search? Some search engines and online patent databases: Organization Coverage Link European Patent EU patents http://www.epo.org/searching/free/espacenet.html Organization US Patent and US patents http://patft.uspto.gov/ Trademark Office World Intellectual Worldwide http://patentscope.wipo.int/search/en/search.jsf Property Organization Intellectual Property Local http://patents.ipophil.gov.ph/patsearch2/ Office of the inventions Philippines …and then proceed with the techniques that you learned yesterday!
  • 9. 3.0 Exercise General instructions: (1) Group yourselves and grab your writing materials. (2) You may switch on your “specialist knowledge” for this exercise, provided, that you will accept my disclosures as true. (3) Listen to my disclosures and ask questions. (4) Do online searches and, after scanning the patent documents retrieved, prepare a matrix like this for presentation. Present your works. Disclosure Prior art(s) Is invention novel? If yes, list what to claim (5) A general model solution will be shown at the end of the exercise. However, please do not expect right or wrong comments about your work.
  • 11. Tindig-Kamatis Stand™ or TiKaS™ Background of the invention (1) Patterned after traditional staking method. (2) Typical plant tie is a piece of string or cloth. Tying is cumbersome, especially if you are alone. Imagine tying plant parts as the plant grows. Isn’t it parusa to you? Summary of the invention (1) Need for string and cutters is eliminated, thereby saving time. (2) Using my invention, ties are maintained in tied plant parts as the plant grows. (3) The whole material can be rolled up for compact storage. (4) Plant strap can be velcro, or “hook-and- loop type. (5) Wires can be used instead of the plant strap.
  • 12. STOP! Next slide is the solution.
  • 14. Simple claim interpretation What is claimed is 1. An apparatus for securing a plant to a stake, comprising: an elongated portion comprised of a flexible material, a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake.
  • 15. Simple claim interpretation What is claimed is 1. An apparatus for securing a plant to a stake, comprising: an elongated portion comprised ofimpression: Initial a flexible material. a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant (1) Lone claim. strap is affixed to the elongated portion at a predetermined (2) Directed to a device to location, and wherein the top plant strap is longer than the other use as a plant stand. plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake.
  • 16. Simple claim interpretation What is claimed is 1. An apparatus for securing a plant to a stake, comprising: an elongated portion comprised of a flexible material, a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake.  This is the field of the invention. The system used by this presentor dictates that this is how the prior art looks like.
  • 17. Simple claim interpretation What is claimed is 1. An apparatus for securing a plant to a stake, comprising: an elongated portion comprised of a flexible material, a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake.  Major parts of the invention. Since this is a US Patent, this portion distinguishes the invention from that of the prior art.
  • 18. Simple claim interpretation What is claimed is 1. An apparatus for securing a plant to a stake, comprising: an elongated portion comprised of a flexible material, a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake.  The invention can only work with all of the components present. They further characterize the invention.
  • 19. 4.0 Synthesis: Tips, tricks, shortcut 4.1 Tips 4.2 Tricks 4.3 Shortcut
  • 20. 4.1 Tips (1) Capture important terms and their derivatives and synonyms.  “Staking”, “stake”, “staked”, “securing plant in a stake”  “Plant holder”, “plant part holder”,  “Post fix”, “Fastener”,  “Tie”, “Tying”, “String”, “Cloth”  “Fastener”  What else??? Also, HOW?  Look for keywords.
  • 21. 4.1 Tips (2) Check “generalizing” words.  “Velcro”, “Hook-and-loop” vs.  “Fastening strap”  “Fastening means”  “Kamatis” or “Tomato” vs.  “Crop” or “Plant”  “Soil” vs.  “Ground”
  • 22. 4.2 Tricks (1) Vocabulary buildup. (2) Ask questions. (3) Familiarize database-specific keys and features. Identify their strengths and weaknesses. (4) Do not limit your search using one database. (5) Outsource.
  • 23. 4.3 Shortcut …it’s the ultimate shortcut.
  • 24. 5.0 Any questions? And...thank you! © 2012 by Caezar Angelito Estioko Arceo cangear@yahoo.com http://ph.linkedin.com/in/cangear http://www.slideshare.net/cangear http://www.youtube.com/cangear http://www.twitter.com/cangear http://www.scribd.com/cangear

Notas del editor

  1. © 2012 by Caezar Angelito E. Arceo
  2. © 2012 by Caezar Angelito E. Arceo
  3. © 2012 by Caezar Angelito E. Arceo
  4. © 2012 by Caezar Angelito E. Arceo
  5. © 2012 by Caezar Angelito E. Arceo
  6. © 2012 by Caezar Angelito E. Arceo
  7. © 2012 by Caezar Angelito E. Arceo
  8. © 2012 by Caezar Angelito E. Arceo
  9. © 2012 by Caezar Angelito E. Arceo
  10. © 2012 by Caezar Angelito E. Arceo
  11. © 2012 by Caezar Angelito E. Arceo
  12. © 2012 by Caezar Angelito E. Arceo
  13. © 2012 by Caezar Angelito E. Arceo
  14. © 2012 by Caezar Angelito E. Arceo
  15. © 2012 by Caezar Angelito E. Arceo
  16. © 2012 by Caezar Angelito E. Arceo
  17. © 2012 by Caezar Angelito E. Arceo
  18. © 2012 by Caezar Angelito E. Arceo