Skip to Main Content

Course & Subject Guides

Patent Searching @ Pitt

This guide is for members of the Pitt community who need a starting point for finding patent information.

Patent Basics

Brief Definition: A (U.S.) patent is a grant of a property right by the (U.S.) Government to you, the inventor, "to exclude others from making, using or selling the invention." Patents differ significantly from copyrights and trademarks.

All patents must be "maintained" by paying a fee to the US Patent & Trademark Office at certain intervals. If you fail to pay the maintenance fee, your patent expires and you lose exclusive rights to your invention. Only a special act of Congress (pretty rare!) can extend the term of a patent, though certain pharmaceutical patents (a special type of chemical patent, not to be confused with patent medicines) don't require such extreme measures.

Patents must be: 1) useful 2) novel 3) non-obvious. Generally, you cannot patent: laws of nature; physical phenomena; abstract ideas; literary, dramatic, musical, and artistic works.

Who can file?

  • The inventor or a person the inventor has designated - If an inventor is deceased, a legal representative, like an executor of an estate can file a patent. A Pitt, university attorneys can submit a patent application on behalf of university inventors. Find more about the innovation disclosure process at Pitt here.

  • A joint inventor - This does not include financial contributors.

Three Categories:

In the U.S., according to the current patent law, the US Patent & Trademark Office grants utility patents and plant patents that last for 20 years; and design patents that last for 14 years.

  • Utility patents apply to new and useful processes, machines, manufactures, compositions of matter, or any new and useful improvement of one of these. Generally speaking, if your invention does something, you should apply for a utility patent. Traditionally, utility patents have been divided into three basic types: mechanical, electrical, and chemical. (Pharmaceutical patents are a special case of chemical patents.)
  • Design patents apply to new, original, and ornamental design for an article or manufacture. To highlight the difference between design and utility patents, consider the original Macintosh computer. The plastic shell that covers all working parts is covered by a design patent, while many of the working parts it hides are covered by utility patents.
  • Plant patents are granted to any person who has invented or discovered and asexually reproduced any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than tuber-propagated plant or a plant found in an uncultivated state.

Why research for patents?

Patents are rich sources of technical, legal, and commercial information. They can be used to:

  • Find technical details on how an invention works and looks.

  • Locate existing patents and research (prior art) for a specific technology, which is useful for patent applications and design inspiration.

  • Understand a company's research and development based on its patent portfolio.

  • Track current invention trends by exploring new patent applications.

World Patent Protections

Patents are territorial rights, meaning protection is linked to the country or territory where the patent was granted. A United States patent does not afford you protection worldwide. However, through international treaties such as Patent Cooperation Treaty (PCT), the process of filing patents in multiple countries has been streamlined. By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 143 countries. Click here to learn more about filing an international patent application.

Searching for and understanding patents can be difficult for many reasons including:

They Don't Describe the Final Product

Patents don't show what an invention will look like on the market. They often describe a broad concept rather than a specific product, and they don't include details like packaging, product names, or manufacturing processes. A single product, like an Apple iPad, might even be covered by several different patents with obscure titles, like "Proximity detector in hand-held device," that don't use the product's name.

They Are Hard to Read

Patents are legal documents written by attorneys for patent examiners. They use specific legal language that makes them less direct than scientific or technical documents.

Parts of the patent document

While the specific format can vary by country, most patent documents include the following key components:

Front Page: This summary page provides essential bibliographic information, including the patent number, issue and filing dates, the names of the inventor(s) and owner (assignee), and an abstract that briefly summarizes the invention. It often includes a representative drawing.

Drawings: These are technical illustrations that visually represent the invention, showing its various parts and how they relate to one another. The drawings are referenced by numbers in the written description.

Specification (Description): This explains the invention in detail, including:

  • Background: Discusses the existing technology (prior art) and the problem the new invention is designed to solve.

  • Summary of the Invention: A high-level overview of the invention.

  • Detailed Description: A thorough explanation of the invention that is detailed enough for someone skilled in the field to be able to make and use it.

Claims: This is the most critical part of the patent from a legal perspective. The claims are a series of numbered sentences that precisely define the legal boundaries and scope of the invention. They determine what the patent holder can prevent others from doing.

  1. Determine the type of intellectual property you need.  Is it a patent, a trademark, both, or something different?
  2. Determine if your invention is patentable.  Figure out (a) can this type of idea be patented and (b) has this idea already been described in public by someone else.  You need to do a patent search and other types of searches.
  3. Determine what kind of patent you need.  Is it a useful invention ("utility patent"), an ornamental design ("design patent"), or a type of asexually reproduced plant ("plant patent").
  4. Get ready to apply.  Look at the application options provided by the USPTO and determine which ones are right for you.  You may also wish to consult a patent lawyer.
  5. Submit your application.  Submit all of your fees and documents using the USPTO's electronic filing system.  Please note that it may be some time before your application is examined.
  6. Work with your examiner.  If your patent examiner doesn't think your invention is patentable based on the initial application, you can have a conversation with them to amend your submission or to make your case.
  7. Receive your approval.  You get a patent!
  8. Maintain your patent.  You are required to pay maintenance fees to keep your patent active.  These fees are due before the 4th, 8th, and 12th anniversaries of the issue date.

Official Patent Offices

Getting Help

Legal Assistance

Resources for Pitt Inventors