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Pollak Library

Chemistry & Biochemistry: Patents

Research guide for chemistry

What is a patent?

A patent is an exclusive right given to an inventor for around 20 years to protect their invention from being copied or used by others without permission.

Patents are not peer-reviewed in the same way that academic journal articles are. When you submit a patent application, it is examined by a patent examiner at the relevant patent office (such as the U.S. Patent and Trademark Office or the European Patent Office).

While the examiner may conduct a search of prior art (existing knowledge, publications, patents, etc.) to assess the claims, the process does not involve independent experts or a formal peer-review process like in academic publishing. The focus is more on legal and technical aspects rather than a critical evaluation by a panel of subject matter experts.

There are three main types of patents:

Utility patents (for new and useful inventions)
Design patents (for new, original, and ornamental designs)
Plant patents (for new plant varieties).

Characteristics of a patent

Patents are characterized by:

  1. Exclusive Rights: Grants exclusive use for a limited period.

  2. Public Disclosure: Details are disclosed in the patent document.

  3. Limited Duration: Typically 20 years.

  4. Novelty: Requires new, non-publicly known inventions.

  5. Non-Obviousness: Should not be obvious to experts.

  6. Utility: Must have practical use.

  7. Patent Claims: Define the protected scope.

  8. Application Process: Involves examination and approval.

  9. International Protection: Can be filed internationally.

  10. Infringement Rights: Allows legal action for unauthorized use.

Westlaw

Searching for a patent

To find a patent:

  • Google Patent Search
    Search for granted patents and applications from USPTO and other international bodies. More info on Google Patents.
     
  • U.S. Patent and Trademark Office (USPTO)
    Full text of all US patents from 1790 to the present. To save a PDF, you can enter the patent number into Patent Fetcher.
     
  • SciFinder (Chemical Abstracts)
    A good place to start. Patents are selected from over 35,000 International Patent Classification (IPC) codes and 99 U.S. National Patent Classification Codes.
     

  • esp@cenet
    European Patent Organization contains 4 databases of patent records from around the world. Includes U.S. patents after the 1820.

  • pat2pdf
    Fast way to retrieve a PDF of a U.S. patent using a patent number.

  • Canadian Patent Database
    Provide users with extensive information on Canadian patent documents from 1920 to present.