The 7 Simple Secrets to Patent Searching | AcclaimIP: Patent Search & Analysis Software 06/12/2018, 11)44 AM

The 7 Simple Secrets to Patent

Searching
Tips and techniques for searching patents

We are in the middle of a revolution for technological supremacy. A new

age of patent rights has arrived marked by ever-expanding court battles
over patent claims with billions of dollars at stake.

The role of the patent searcher has radically changed as well. Today, a
cursory search, which may have been adequate in the past, may put your
company or client at risk. The good news is that the systems and software
for navigating patent data have greatly improved, as have the techniques
for using them.

This article examines how some of today’s most successful patent searchers
approach their job. In it, I reveal 7 simple secrets that patent searchers can
apply to perform a world-class patent search.

Patent Search Tip 1: Use Patent Classification Search

Classification searching is really easy. It is often more accurate, far quicker

and more comprehensive than keyword searching. It just requires a little
practice.

Today there are four major classification systems for patents. The US has
its own (USPC), Europe has another (ECLA), WIPO and most of its
member states use another (IPC), and Japan has one (F-term). Each is
unique, and each has its own approach to patent taxonomy.

The good news is that starting in 2013, the US and Europe will be
transitioning to a unified classification system called the CPC (Cooperative
Patent Classification system). The CPC will be based on ECLA, which is

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The 7 Simple Secrets to Patent Searching | AcclaimIP: Patent Search & Analysis Software 06/12/2018, 11)44 AM

itself based on the IPC.

As a result, there will be, in effect, two global patent classification systems
(The CPC is a superset of the IPC), and my guess (I have no insider
information) is that Japan will adopt the CPC once it is released and settles
down a bit, but they may not abandon F-terms entirely because F-terms
uniquely classify patents by their features which is a handy way to search
for Japanese patents. F stands for “feature.”

Since there are more than 150,000 unique subclasses in the US system
alone, some patent searchers will cross reference an index to find the
relevant classes, but there is a much quicker technique:

I am trying to find patents for tire locking devices like the “Denver Boot.”
Since I don’t know much about these devices, I searched for “Denver Boot”
because it was a term I am familiar with, and I figured that somebody
would use the string in his or her patent. I came up with just 9 US grants,
but the best one was classified in 70/226, which is a three-dot subclass
described as follows:

Class: LOCKS

Mainline Subclass: RSnubbolt

One-Dot: For control and machine elements

Two-Dot: Wheel

Three-Dot: Rotation Blocking

Clicking into that sub-class I find 112 patents, and if I extend my search to
children subclasses of 70/226, I get 267 US grants. I found 267 US grants,
all of which are in some way like the Denver Boot, in only 15 seconds.
There is no way you could do that using keywords.

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The 7 Simple Secrets to Patent Searching | AcclaimIP: Patent Search & Analysis Software 06/12/2018, 11)44 AM

Patent Search Tip 2: Query by Example

Query by example is a search technique that lets you search for documents
in the patent corpus by using an existing known patent as an example or
“seed document.” You can then ask the patent search engine, “Show me
more documents like this one.”

The most common methods to query by example use the language or

keywords in the patent text. The algorithms create a complex multi-term
query designed to capture a very large set of documents and sort the most
similar ones to the top of the list.

Automated techniques for finding similar patent documents can be

enhanced with synonym dictionaries and, in some cases, Latent Semantic
Indexing (LSI), which requires a pre-computed lexicon.

Alternative methods use a patent’s classification fingerprint (a fingerprint

of the original and cross reference classes, or inventive and non-inventive
classifications) in a carefully crafted machine-generated query that finds
documents that are classified “like” the target patent. I personally find that
class fingerprinting gives better results than even very sophisticated
linguistic techniques because it is not limited by the vagaries of human
language. However, I still use both methods, because they complement
each other.

Patent Search Tip 3: Cluster for Themes and Concepts

Patent searchers often dismiss clustering software because they feel the
assertions by software developers overstep the true capabilities of
clustering. While this is certainly true, it doesn’t mean clustering has no
value to the patent searcher.

Clustering organizes large sets of documents into logical themes or

concepts.

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The 7 Simple Secrets to Patent Searching | AcclaimIP: Patent Search & Analysis Software 06/12/2018, 11)44 AM

Consider the 267 documents in class 70/226 (and children) that were like
the “Denver Boot.” After clustering the set, I get a primary theme, “Wheel
Lock,” and several sub-themes including “Lock Assembly,” “Tire,” “Locking
Rod,” “Bicycle,” “Locking Pin,” “Locking Bar” and more.

Remember, I don’t know much about these devices, but now I have three
new terms that I can use in my search that I may not have thought of:
“Locking Rod/Pin/Bar.”

You can think of clustering as a Keyword Extraction Tool, not for one
patent, but for an entire set. Use clustering and your keyword-based
search strategy will be vastly improved.

Patent Search Tip 4: Use the Boolean OR operator

You already know basic Boolean logic. There are three Boolean operators
you use when patent searching: AND, OR and NOT. The tendency for
most searchers is to overuse the AND operator because ORs bring back too
many results, but this is undeniably the wrong approach.

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The 7 Simple Secrets to Patent Searching | AcclaimIP: Patent Search & Analysis Software 06/12/2018, 11)44 AM

To illustrate, say I have 20 terms, including synonyms, which describe the

invention I seek. If I use the AND operator, I’ll get just a handful of hits, or
even zero hits, because the chances of one document containing all 20
terms is low, particularly when some of the terms are synonyms.

In the “Denver Boot” example, the patent drafter is likely to use either
“Pin,” “Bar,” or “Rod,” but not all three terms. So naturally you’ll start
deleting terms, but now your recall is diminished, and you’ll miss patents
that contain the words you deleted.

A better approach is to join your terms using the OR operator. You will
likely get over a million documents that contain at least one of the terms in
your list. Don’t let that intimidate you.

Of course you are not going to read a million documents; you don’t have to.
The secret is in the sorting algorithm. If you sort by relevance the best
matches across all 20 terms will appear at the top of the list. You’ll see this
right away. As you page through the results, at some point the patents will
no longer be relevant, but who cares? Ignore them. The point is the best
matches will be at the top of your list!

Patent Search Tip 5: Use Patent Data Value indicators

There are well-known and academically studied value indicators in patent

data. The most studied example is the number of forward citations a
patent receives.

When a patent application is filed, patentees must submit a list of prior art
references called backward (reverse) citations. The patent examiner adds
to this list during prosecution.

Each patent cited by the patent application receives a forward reference in

turn. That is, a newer patent document cites it as an example of the prior
art. Patents that accumulate forward citations at a high rate are more

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The 7 Simple Secrets to Patent Searching | AcclaimIP: Patent Search & Analysis Software 06/12/2018, 11)44 AM

likely to be important or fundamental patents.

As a result, once you have narrowed your set using some of the other
techniques, it is a good idea to sort it by forward references, and make sure
you have read and understand all the highly cited patents.

Other value indicators include: number of inventors, length of claim one,

size of simple patent family and even number of drawings/figures.

Patent Search Tip 6: Iterate Your Searches

The chance of finding all relevant patents in a single query is about as likely
as Apple and Samsung settling their lawsuit because they want to stay
friends.

In the Denver Boot example, I started with a keyword search, then did a
classification search, then clustered the result set to look for new themes,
then narrowed by more keywords. I then read a few patents and found
some that were spot-on, and used two different query by example
techniques to find the other patents that were most like that one. I found
other patents that were relevant and repeated the process using those
patents as new seeds.

Good patent search is a manic process. You’ll zoom out with a broad
search, get a feel for the results, then zoom into a few classes, assignees, or
dates, then zoom in further to specific patents, then zoom out again based
on information you learn about the patents that that you find.

Zooming in and out allows you to take detours and uncover all the relevant
art related to the goals of your search!

Patent Search Tip 7: Use Charts During Investigation Process

Charts are used most often to present your final results to your
management or client, because they give a high level overview of your

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The 7 Simple Secrets to Patent Searching | AcclaimIP: Patent Search & Analysis Software 06/12/2018, 11)44 AM

findings. However, they are just as useful during the discovery process.

For example, if you have narrowed in, more or less, to the relevant set, it is
a good idea to chart by assignee or chart by date so you can see both who
are the main players (assignees), and when the technology was at its early
stages, reached its peak, and started waning.

Charts clearly display trends and aid your search.

Conclusion

There’s no doubt that the future belongs to patent holders. As technology

gets more interwoven and must borrow from those who have come before,
a strong patent portfolio may be the only doorway into the marketplace.

During the last few years, patent searchers who have helped their
companies and clients gain competitive advantage have become
indispensable members of the team. Advanced software is part of this
trend, and any patent searcher who is expert in the use of the high-end
platforms is that much more valuable.

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