1	Introduction and Disclaimer	5

2	Comp.Patents FAQ	6

2.1	What is a Patent?	6

2.2	Layman's Books	6

2.3	INFRINGEMENT	8

2.4	The reasons for Patents	11

2.5	(Short) History of Patents	12

2.6	Patent Searching	13

2.7	Computer Searching	14

2.8	Contesting Patents and Reexaminations	16

2.9	International Conventions (PCT & EPC?)	17

2.10	Patents v. Copyright	18

2.11	Copyright FAQ	19

3	FTP Information	21

3.1	List of Relevant software patents maintained bymernst@theory.lcs.mit.edu (Michael Ernst)	21

3.2	ftp.su.oz.au in pub/patents/ and rusmv1.rus.uni-stuttgart.de [129.69.1.12] in /info/comp.patents/	
21

3.3	Periodic Lists	21

3.4	patents information at prep.ai.mit.edu in /pub/lpf/	21

4	History	25

5	Famous Patent Quotes	26

5.1	Intel	26

6	Renewals & Lapsing of Patents	27

7	Patent Attorneys	29

8	Free Searching	30

8.1	Patent Depository Library Program	30

8.2	USPTO Bulletin Board	32

9	Understanding Invention Development Companies	33

9.1	What is an invention development company?	33

9.2	What are some of the warning signs of an invention development company?	34

9.3	What is an Invention Disclosure Document?	34

9.4	What is the difference between an Invention Disclosure Document and a patent application?	36

9.5	How may I write to to the U.S. Patent Office?	36

9.6	How can I find a good patent agent or attorney?	36

9.7	Can't I apply for a patent myself?	37

9.8	What does "patent prosecution" mean?	37

9.9	How much does it cost to apply for a patent?	37

9.10	What are the time limits for applying for a patent?	37

9.11	So there are only sharks out there?	37

9.12	What will happen if I try to license my invention without filing a patent application?	38

10	Statistics	39

10.1	US Top 10 of 1992	39

10.2	US Patents By Country	39

10.3	European Patent Office Statistics 1991	40


The Internet Patents Book is presented as an information resource consisting of a 
collection of informative posts from the news group comp.patents. 

These materials have been created mainly by incorporating informative past posts to 
the news group comp.patents, using the `Framemaker' documentation processing 
package. 

Distribution is intended to be implemented in too forms, being in an ascii text form 
and a postscript form. However as this is a draft, I have chosen to release in an ascii 
format only to see what people think. 

It is planned that this resource will be updated  at regular intervals and be obtainable 
via anonymous FTP access Real Soon Now :-)
1	Introduction and Disclaimer

This article contains materials relating to Patent, Trade Mark and Design Law, which, as tends 
to be the case with the Internet, is likely to be dominated by United States Law.

The intention behind the creation of these materials is to provide an Internet resource, useable 
by all that which to learn more about the area of intellectual property.

This collation is Copyright 1993 by Peter Treloar. A licence is hereby granted to freely 
redistribute in its entirety, provided that this copyright notice is not removed. It may not be 
sold for profit or incorporated in commercial documents without the written permission of the 
copyright holder. Permission is expressly granted for this document to be made available for 
file transfer from installations offering unrestricted anonymous file transfer on the Internet. 

This article is provided as is without any express or implied warranty.

While all information in this article is believed to be correct at the time of writing, this 
article is for educational purposes only and does not purport to provide legal advice. If 
you require legal advice, you should consult with a qualified legal practitioner licensed to 
practice in your jurisdiction.

My name is Peter Treloar, and I am the creator of these material and moderator of the Internet 
newsgroup comp.patents, and I am an Australian Citizen with degrees in Computer Science 
and Law, in addition to being admitted to practice as a Barrister and Solicitor in the Supreme 
Court of Victoria (Australia). At present, I am nearing completion of additional studies to 
become a Patent Attorney (with one of eight exams to be completed) as well as completing a 
second Science degree in Physics and working full time in the area of intellectual property 
(now that was a mouthful).

If you have any additions, corrections, or suggestions for improvement to these materials, 
please send them to the comp.patents newsgroup so that they can be shared by all and included 
within these materials.

These materials have been created mainly by incorporating informative past posts to the news 
group comp.patents, using the `Framemaker' documentation processing package. Distribution 
is intended to be in two forms being:

o   internet-patents.ps- a copy of the original document in a postcript form, including 
fancy layout information to aid readablity. Recommended form of obtaining this 
information.

o   internet-patents.txt- an ascii text copy of the postcript version.

It is planned that this resource will be posted to comp.patents (in the ascii format) at regular 
intervals and be obtainable via anonymous FTP access from the following places:

o   ftp.su.oz.au in the directory pub/patents 

o    rusmv1.rus.uni-stuttgart.de [129.69.1.12] in /info/comp.patents/

I have not, as yet had the chance to deposit this in the FTP sites but will do so Real Soon Now.

2	Comp.Patents FAQ

2.1	What is a Patent?

[pjt - again specific to the US but principles apply everywhere]

From: Carolyn M. Kotlas <ecsvax!kotlas@uncecs.edu>

	"a patent is a grant by the Government giving the inventor the negative right to 
exclude others from making, selling and using the claimed subject matter for a period of 
seventeen (17) years in the United States and its territories."

	"Although a patent is property, it does not confer on the inventor an unconditional 
right to make, sell or use the invention himself. It is possible for an inventor to modify a 
product or process already covered by one or more patents to such an extent that the 
modification is patentable. Nevertheless, if the claims of the basic patent are broad enough to 
cover the modified version of the invention, he may not practice it without obtaining a license 
under the basic patent. The claims of the basic patent thus dominate the claims of the narrower 
patent. (Atlas Power Co. v. E.I. duPont de Nemours & Co., 750 F.2d 1569 (Fed. Cir. 1984))"

To be patentable, an invention must satisfy three requirements -- novelty, utility, and non-
obviousness. Section 101 expresses the novelty and utility requirements. Section 102 attempts 
to define novelty and also creates statutory bars which can result in loss of rights to a patent. 
Section 103 requires that the invention be non-obvious." "The solicitation of a grant of letters 
of patent begins by the filing of a patent application [with the U.S. Patent and Trademark 
Office]. The parts of a patent applicatins include the drawings, specification, claims and formal 
papers"

Although an individual inventor can do all the legwork himself for filing an application, this is 
one area where the use of an attorney might be called for. At the very least, the inventor may 
want to hire the services of a professional patent searching firm to establish that his invention 
is "patentable" before he pursues the application.

2.2	Layman's Books

From: ritter@cactus.org (Terry Ritter)

I suggest that anyone interested in the U.S. patent situation obtain a copy of the excellent book:

 _Patent_it_Yourself_, by Patent Attorney David Pressman (Nolo Press, 950 Parker St., 
Berkeley, CA 94710, (800) 992-6656),

 "Software patents" are mentioned only briefly. The book is about *applying* for a patent, but 
in order to do that one must first know technical details *about* patents, and that is the worth 
of the book.

 I have used the Pressman book for a patent application: I personally performed the search, 
wrote the patent body, constructed the drawing and the claims, and prosecuted the case before 
the U.S. PTO (through one major and one minor amendment) to successful issuance, all 
without other legal advice. (That patent is "Dynamic Substitution Combiner and Extractor," 
U.S. Pat # 4,979,832, issued Dec. 25, 1990.) This patent project took perhaps 4 (non-
consecutive) man-months of work. Although I was able to do it myself, I do *not* recommend 
this course (except, perhaps, once). I now understand that a non-lawyer is at a serious 
disadvantage in a patent examination (the examiner generally *is* a lawyer, and s/he is not 
there to help the applicant). On the other hand, I also do *not* recommend simply handing a 
disclosure to a patent lawyer and then waiting for the patent to issue. If you want to make sure 
it is done right, you will need to understand the process, and maintain control over both the 
process and the attorney. The book should be a standard reference in the personal library of any 
serious commercial designer.

From: srctran@world.std.com (Gregory Aharonian) 	 

A great book, in fact the only one I would recommend, for people who want to prepare their 
own patents, is "Patent It Yourself" by David Pressman (a patent attorney), published by Nolo 
Press (Berkeley, CA, 800-922-6656, 415-549-1976). The book is very comprehensive, has a 
variety of generic forms to help you with the patent process, detailed instructions on how to 
submit a patent application to the Patent Office, and other items. I am in the 	process of 
applying for a patent, and the book has saved me thousands of dollars in lawyer fees. I will still 
use a lawyer for some aspects of the patent application, but at a much lower cost. 

The book does provide a sample patent application, so that you can get a feel for what one 
looks like (and for $3 each, you can order copies of patents from the Patent Office, which I 
recommend doing, buying copies of patents of devices similar to yours to see how other people 
and lawyers prepared the patent application). 

To augment what is available, I am in the process of preparing a set of TeX files that serve as a 
template for a patent application. The TeX files (one master, the rest \inputed) have the proper 
spacing and margins, and cover all of the sections of the application (abstract, claim, 
specifications, list of figures). Much of a patent application is boilerplate stuff, and I have gone 
through existing patents and pulled out good examples of boilerplate stuff. I will be posting an 
initial version of these files to USENET in the next month or so, to get other peoples opinions 
and suggestions. The one crucial part of writing a patent application is the claims. Most of the 
rest of the patent application is boilerplate and verbiage to prove to the courts and Patent Office 
you know what you are talking about. However in patent lawsuits, the most important part is 
the claims, which are what people will attack you over (and that you can attack others over). 
Claims have a certain style to their writing (I include one in the Tex files)and should be 
carefully prepared, preferably by a lawyer. However if you are a good writer, and can examine 
other patent claims, you should be able to write good claims yourself. Further, the patent office 
examiner who will process your patent is obligated to offer better ways of writing the claims.

From: ritter@cactus.org (Terry Ritter) Subject: New Version 3 of Patent It Yourself

 Version 3 of the book "Patent it Yourself" by patent attorney--and former patent examiner--
David Pressman is now available. This book may be the single best nonprofessional reference 
for understanding the process of patent application and prosecution in the US, and by 
inference, the patent system itself.

 The new version has white covers; the previous version was black and should now be 
considered obsolete for new purchases, if only because of the new PTO fee structure:

 Patent copies . . . . . . . . . . . . $3

 Certified copy of file . . . . . . $150

 Utility Patents (small entity) Application . . . . . . . . . . . . $345

 Issue fee . . . . . . . . . . . . . $565 

Maintenance fee I . . . . . . . . . $450 Maintenance fee II . . . . . . . . $905 Maintenance fee III . . . 
. . . . $1365

 Apparently, individual owners of an earlier version may upgrade to the new one at a 25% 
discount from the list price of $34.95. The new number for Nolo Press is (510) 549-1976. I just 
read this in my copy; I am not associated with them at all.

 Although I have not read the new version completely, I have transferred all my extensive 
highlighting and notes from the old version to the new:

 * The complete text, tables, forms and most charts have been re-typeset.

 * Editing has occasionally changed the presentation style somewhat; a word or two may 
change in a sentence. Occasionally the text is a bit clearer.

 * Some parts were re-organized, and have different and added headings and numberings.

 * Some areas have an additional paragraph or two.

 * Some errors were fixed (and probably some added).

 * Otherwise, the new version seems mostly word-for-word the same as the old.

 * I have yet to find any serious new insights.

 * Figure 10-A (the drawing layouts for the three allowed paper sizes) is far worse than the in 
version 2.2. It is now barely legible.

 To be safe, if you are seriously considering an actual application or prosecution, or cannot 
stand the possibility that you may miss out on something, you should probably get the new 
version. Otherwise, the old version will still provide a broad basis for understanding the patent 
system, protecting an invention, constructing an application and claims, prosecuting the 
application in the PTO, and licensing. Other than the fee structure, relatively little has 
changed..

2.3	INFRINGEMENT

[mod- with thanks to Carl Oppedahl <0001811496@mcimail.com>]

2.3.1	Types of Infringement

The following applies in the US, most other countries have 1 and 2,often countries will have 
their own form of contributory infringement.The contributory infringement provision cited 
here is specific to the US. 

2.3.1.1	Direct infringement.

This happens if you make, use, or sell the infringing device.

2.3.1.2	Inducement to infringe. 

If you induce someone to infringe, and they actually infringe, both of you may be liable. An 
injunction may be ordered that you have to stop your inducing activity, and you may have to 
pay damages arising out of lost profits of the patent owner, or damages amounting to a 
reasonable royalty.

2.3.1.3	Contributory infringement. 

You sell something that is not a staple article of commerce that, when used for its intended 
purpose, would infringe. The same injunction and damages results might occur for #3 or for #1 
just as for #2.

2.3.2	"How much different must a would-be accused apparatus 
be from that described in the patent specification before it 
is considered not to infringe the patent?'

The answer is that resemblance or lack thereof between a would-be accused apparatus and the 
apparatus described in the patent specification is not the right thing to look for to determine 
whether or not there is infringement. (There is an exception which I will describe below.) To 
determine whether a would-be accused apparatus infringes you read the CLAIMS of the 
patent. You have to look at _all_ the claims, not just the exemplary claim selected by the 
private company that publishes the database. This does not mean that the contents of the 
specification are to be ignored when reading the claims to determine whether or not there is 
infringement. 

For example, the meaning of a term in a claim may be found in the specification; In addition, 
most countries extend the coverage of the patent claim to what would be considered to be 
equivalent. For example, in the US we must consider 35 U.S.C. sec. 112, last sentence, which 
is part of the U.S. patent statute. That sentence says that if a claim contains a "means plus 
function" element (look for the word "means" in a claim) or if a claim recites method steps (as 
the exemplary claim does) then the element or step should be understood to mean the element 
or step as it is disclosed in the specification, together with its equivalents. Thus, where a 
"means" element or method step is concerned, the answer to the question is that it must be 
different enough that it does not count as an "equivalent". As you might imagine, in real-life 
cases it is often hotly contested what is an "equivalent" and what is not. 

As an oversimplification for this forum, an "equivalent" is something that accomplishes 
substantially the same result in substantially the same way. Every real-life case is different, but 
in many hypotheticals I think that if a claim covered performing certain steps in one 
programming language, then someone who performed the same steps but differed only in 
having selected a different programming language to do it would count as performing 
something that is "equivalent". 

2.3.3	How do you interpret patent claims?

If a patent discloses A, B, C, and D, and its claims only claim C, then all the patent owner can 
exclude others from doing is C.

So if a program does A, B, C, and D, and if a patent issues that containsa listing of the 
program, it matters what the patent claims say. If theclaims only claim C, then that's all the 
patent owner can exclude othersfrom doing.

2.3.3.1	 If a person wants to independently develop a program, and wants to 
avoid running afoul of the patent, what must that person do? 

Avoid doing any of the things (e.g. A, B, C, and D) in the program that is the subject of the 
patent? No. The person need only avoid doing what the claims cover,in this case C. 

If someone writes that first program that does A, B, C, and D, and gets the patent (that only 
claims C), the patent owner might easily state publicly that "the program is patented". Such a 
statement might make people think that they must now avoid "doing the same thing as the 
patented program". And people who get annoyed at the prospect of being forbidden to "do the 
same thing as the patented program" might say there should be no such thing as a patent 
relating to software. And yet, if you pay the $3 to get the patent, and read it, the claims might 
turn out to cover only C. Next thing you know, C is not even whatyou wanted to do anyway. 
Besides, there have been dozens of ways to do the same thing C does, for decades. So all you 
have to do is A, B, D, and that fore-runner of C, and you don't infringe.

 There is just no substitute for looking at the claims. It is not enough to read the source code or 
flowcharts in the body of the patent.

2.3.4	If I independantly create a Patented Idea, can I use it?

In copyright, independent creation is a complete defense. If you sit down to the typewriter and 
happen to bang out the text of "Hunt for Red October", having never seen Clancy's book, it 
will be a defense to Clancy's lawsuit that you independently created it. The monkeys and the 
typewriters, etc.

In patent, independent creation is no defense. If I invent and patent a better mousetrap, and a 
year later you independently create the same better mousetrap, it will be no defense for you 
that your creation was independent.I will be able to stop you and collect monetary damages. In 
other words, for the patent owner to prevail there is no need to prove that the accused infringer 
copied, or even had access to, the patented item. And the same is true of non-mousetrap 
patents, which should come as no surprise. Of course, the above concepts should be kept in 
mind -- all that you have to worry about is to avoid infringing the _claims_.

2.3.5	 Can I build a patented device for my own use and 
enjoyment?

People build infringing items in their sheds all the time, I suppose. But in most countries 
including the US, this is no defense to infringement. Activities in sheds are, of course, rarely 
detected and patent owners can hardly stop what they have not detected.

From: William Humphries <humphrie@ssc.wisc.edu>

A follow up to a question in the FAQ about "is construction of infringing devices for user's 
own amusement." From case law:

"As early as 1813, Justice Story had carved out an execption to the prohibition against `use,' 
called the experimental use exemption. If the patented article was made or used for 
philisophical purposes ( today we would substitue purely scientific), amusement or curiosity 
purposes, it was not actionable."

Whittemore v. Cutter, 29 F. Cas. 1120 (CCD Mass 1813), op cite in Krulwicvh, "Statutory 
Reversal of Roche v. Bolar", Food DrugCosmetic Law Journal, 40, 519-525 (1985).

When Roche Products sued Bolar (a generic drug manufacturer) for infringing their patent on 
Dalmane, Bolar claimed that their use of the active ingredient was strictly intended for 
obtaining FDA approval of the generic form of Dalmane once Roche's patent expired. Bolar's 
defense was while using the active ingredient for obtaining FDA approval to market Dalmane 
was not exactly the exception Justice Story described, the Story exception did leave space for 
Judicial interpretation.

The appelate court did not agree, but that's moot since the Waxman-Hatch Amendments to the 
Food and Drug Act were enacted in 1984.

2.4	The reasons for Patents

|From: shirriff@sprite.berkeley.edu (Ken Shirriff)

"Patent protection for inventors is advocated on ethical grounds - in the name of `justice' or 
`natural rights' - or on pragmatic grounds - in the name of `promotion of the public interest'. In 
some views, ethical and pragmatic considerations are combined, largely because conduct is 
regarded as ethical if and because it benefits society. Others recognize the possibility of 
conflict between requirements of justice and material usefulness to society, and they may seek 
justice even at the expense of material benefits, or material benefits at the expense of justice.

"The four best-known positions on which advocates of patent protection for inventors have 
rested their case may be characterized as the `natural-law' thesis, the `reward-by-monopoly' 
thesis, the `monopoly-profits-incentive' thesis, and the `exchange-for-secrets' thesis.

"The `natural-law' thesis assumes that man has a natural property right in his own ideas. 
Appropriation of his ideas by others, that is, their unauthorized use, must be condemned as 
stealing. Society is morally obligated to recognize and protect this property right. Property is, 
in essence, exclusive. Hence, enforcement of exclusivity in the use of a patented invention is 
the only appropriate way for society to recognize this property right.

"The `reward-by-monopoly' thesis assumes that justice requires that a man receive reward for 
his services in proportion to their usefulness to society, and that, where needed, society must 
intervene to secure him such reward. Inventors render useful services, and the most 
appropriate way to secure them commensurate rewards is by means of temporary monopolies 
in the form of exclusive patent rights in their inventions.

"The `monopoly-profit-incentive' thesis assumes that industrial progress is desirable, that 
inventions and their industrial exploitation will not be obtained in sufficient measure if 
inventors and capitalists can hope only for such profits as the competitive exploitation of all 
technical knowledge will permit. To make it worthwhile for inventors and their capitalist 
backers to make their efforts and risk their money, society must intervene to increase their 
profit expectations. The simplest, cheapest, and most effective way for society to hold out 
these incentives is to grant temporary monopolies in the form of exclusive patent rights in 
inventions.

"The `exchange-for-secrets' thesis presumes a bargain between inventor and society, the 
former surrendering the possession of secret knowledge in exchange for the protection of a 
temporary exclusivity in its industrial use. The presupposition again is that industrial progress 
at a sustained rate is desirable but cannot be obtained if inventors and innovating entrepreneurs 
keep inventions secret; in this case, the new technology may only much later become available 
for general use; indeed, technological secrets may die with their inventors and forever be lost 
to society. Hence, it is in the interest of society to bargain with the inventor and make him 
disclose his secret for the use of future generations. This can best be done by offering him 
exclusive patent rights in return for public disclosure of the invention."

-- the above is from "An Economic Review of the Patent System", Fritz Machlup, 1958, Study 
of the subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the 
Judiciary, 85th cong., 2nd sess.

From: sbarber%panix.com@metro.ucc.su.OZ.AU (Steve Barber)

This is all OK as far as it goes, but it fails to note that, at least as far as the U.S. Supreme Court 
is concerned, only economic (i.e. pragmatic) justifications seem to underlie the Patent Clause 
of the U.S. Constitution.

A fairly recent case where the Court outlined this in some detail was _Diamond v. 
Chakrabarty_, 447 U.S. 303, 307 (1980) where it referenced and quoted from the following 
text in _Kewanee Oil Co. v. Bicron Corp._, 416 U.S. 470, 480 (1974):

 The patent laws promote this progress [of the useful arts] by offering a right of exclusion for a 
limited period as an incentive to inventors to risk the often enormous costs in terms of time, 
research and development. The productive effort thereby fostered will have a positive effect on 
society through the introduction of new products and processes of manufacture into the 
economy, and the emanations by way of increased employment and better lives for our 
citizens.

I have yet to see a case where natural rights or moral rights were recognized by the Court as a 
foundation for patents either constitutionally or as an expression of legislative intent. In fact, at 
one point in Graham v. Deere, 383 U.S. 1, 6 (1966), the Court seems to preclude other 
motivations: "Nor may [the Congress] enlarge the patent monopoly without regard to the 
innovation, advancement or social benefit gained thereby. . . . This is the _standard_ expressed 
in the Constitution and it may not be ignored."

2.5	(Short) History of Patents

The origins of the patent system are intertwined with the words "Letters Patent" which 
historically were defined to be the exclusive privilege conferred by the sovereign or state of 
selling some commodity or conducting some trade. 

During the Middle Ages these monopolies were granted by the Crown for many reasons, 
including the establishment of a trade or industry, protection of a league or guild against 
competition, a reward for coming under royal favor or, also, for efforts of genius.

These monopoly grants of "Letters Patent" were abused by the Crown and turned into a form 
of revenue raising in return for increased restrictions on citizens with most staple products 
being subject to monopoly. 

Eventually the situation led to the English Parliament enacting the Statute of Monopolies in 
1623 by which all form of monopolies, with an important exception, were abolished. This 
exception related to Letters Patent granted for the introduction of `any manner of new 
manufacture, within this realm'. These monopolies were to last for a term of 14 years, the 
traditional time for 2 periods of apprenticeship to expire.

 Subsequently complex procedural requirements led to the formation of the requirement for a 
specification outlining the invention and later, the need to claim the invention in a claim like 
form.

 In the United States, the founders of the Constitution recognized the value of patents in 
Section 8 of the US Constitution:

	The Congress shall have Power ... To promote the Progress of Science and useful 
Arts, by securing for limited Times to Authors and Inventors the exclusive Right to 
their respective Writings and Discoveries;

2.6	Patent Searching

For more information including sample searches and more indepth analysis see the file 
searching in the anonymous ftp library

From: Carl Oppedahl <0001811496@mcimail.com>

The USPTO will sell a copy of ANY patent for $3, it takes about 3weeks from when you mail 
your request.

	The Commissioner of Patents and Trademarks

	Washington, DC 20231

I have called up the U.S. Patent Office and have been told, to my surprise,that the Patent Office 
will send patents to people in other countries.There are four traditional ways 

 -- send $3

 -- buy a book of coupons that cost $3 each and send one coupon

 -- open a deposit account ($300 minimum) and order by modem

 -- open a deposit account ($300 minimum) and order by fax

The fax number for ordering a patent copy by fax, charged to a deposit account, is (703) 308-
9751.

I have not actually tried any of these from outside the US so I can't be sure

 And what does one get for his $3? He gets the full text of the patent. It includes enough to 
enable one skilled in the art to practice the invention, whatever the invention is in that case. 

Patent offices all around the world exchange patent microfilms as well as paper originals and 
computer-readable texts and indexes. All available to anyone for free or for nominal cost. 

If you stop by the patent office in your country, or pick up one or two of the patent-related 
publications in your country and look at advertisements, you will find that in each country 
there are half a dozen companies that will gladly locate patents from any country and deliver 
them to you, by courier or mail or fax. The cost varies with the size of the patent and how soon 
you want it. If you shop around you can find which are the least expensive. Just to name one (I 
don't mean to be endorsing products here, but just illustrating a topic) there is a firm in the U.S. 
called FaxPat, phone 703-415-1526, that will do these things. Any patent lawyer anywhere in 
the world can also refer you to such companies, or will be glad to place orders for you.

The US Patent Office has kept ALL patent files on computer dateabase since 1971. This 
database is accessible through 13 University libraries in the U.S. These same libraries have 
microfilm copies of EVERY U.S. patent more than about 6 months old. The search is free.

Every patent office and major research library around the world has U.S. patents on file in the 
form of microfilm or fiche. They tend to make these available for public use, on coin-operated 
reader/printers. So another option is for you to go in person and make your own copies.

From: johnl@iecc.cambridge.ma.us (John R. Levine) 

Large libraries usually have patent collections on microfilm. When I want to look up some 
patents, I take a roll of quarters and head over to the Boston Public Library. They have the 
paper Patent Office Gazette which has abstracts that you can leaf through to get patent 
numbers, then go to the microfilm to see the full copies, and print out copies of the interesting 
ones (that's what the quarters are for.) It's not as good as the paper shoes since the microfilm is 
in numerical order rather than organized by topic, but it's a lot quicker and cheaper than flying 
to Washington. I expect that nearly every U.S. reader of this message has a microfilm patent 
collection nearby. The BPL also has the CD-ROM of recent patents, but I find that it's not as 
useful as I'd hope due to the lack of consistency in index terms.

From: Sheila Curl <IACSRC@ASUACAD.bitnet%VM.USC.EDU>

There are now about 70 patent libraries in the Patent and Trademark Depository Library 
Program (PTDLP). I work in one of them, Noble Science and Engineering Library at Arizona 
State University, Tempe, AZ. To get a complete listing of these libraries, look at any issue of 
the Official Gazette of the US Patent and Trademark Office.

Each of these libraries has a collection of patents and the tools necessary for searching them. In 
all cases this includes the CASSIS cd-rom database. In 14 of the PDLs, you can use the 
Automated Patent System. APS is a full text patent database that is being tested in the patent 
depository libraries in Auburn, AL; Boston, MA; Cleveland, OH; Raleigh, NC; Dallas, TX; 
Lincoln, NE; Los Angeles, CA; Salt Lake City, UT; Miami, FL; Milwaukee, WI; Minneapolis, 
MN; New York, NY; Tempe, AZ; and Salem, OR.

There are only two drawbacks to the APS computer that I can see; first you can't dial into it, 
you have to go to the depository library to use it and second you do not get the drawings. 
Otherwise this is a very nice computer system. The search software is CAS Messenger and 
there are about 65 indexes that can be searched. My current favorite is cited patent seaching, 
you can see who has cited your patent in one of theirs and who has cited a patent you are 
citing. Sort of like Science Citation Index for patents only.

During the testing phase this database is FREE. Please check with the library for hours and 
directions.

2.7	Computer Searching

2.7.1	Dialog 

From: Carl Oppedahl <0001811496@mcimail.com>

There is a computer file called World Patents Index, published by Derwent Corp. in England. 

 Through another computer service (that costs more) I could have received the full text of the 
patent by modem. And there are dozens of companies that, for $10-20, will fax the entirety of 
the patent to me or send it to me by overnight express.

 Some online services have full text of US patents. Those services tend to go back only to 
about 1975, however, and then you have to go back to the shoes or be content with a service 
that offers less than the full text. These services may be had by modem (e.g. from Lexis) or by 
CD-ROM.

Other online services have less than the full text. One may have an abstract, another service 
may have sample claims. Still others have little more than title, inventor, and patent number. 
These services may be had by modem (e.g. from Dialog) or by CD-ROM. Some of these 
services cover patents older than 1975, but even the ones that go back farther tend to run out in 
the 1960's. So for older patents it is still back to the shoes.

With both Dialog and Lexis, the user has to sign a contract to be able to use it. The contract 
limits the use to which the service may be put. Although it would probably be technically 
feasible to set up a gateway letting Internet people get into Dialog and Lexis by ftp, I suspect 
the contract would turn out to have language saying it can't be done. 

 Now if someone would buy the CD-ROMs and make them available, that might be another 
matter... although if you have to sign a contract to get the CD-ROMs then you have the same 
problem.

I do lots of Dialog searching at work under circumstances where I get to charge the cost to a 
client. I also have a personal Dialog account for personal searches. It is $35 a year for the 
account plus per-minute and pre-record charges for the searches. 

Compuserve, I seem to recall, also has some of the online patent databases.

In Dialog, to name one provider, there are online files for computer science, electrical 
engineering, chemistry, pharmaceuticals, metallurgy, and on and on. These files typically 
provide bibliographical information (author, title, name of journal, abstract). Dissertation 
Abstracts is available online. All these are most helpful to people who are doing patent 
searches.

2.7.2	BRS After Dark

From: nlp@vu-vlsi.ee.vill.edu (Nick Pine)

The most inexpensive way to do an on-line patent search is with "BRS After Dark," which 
charges $14/hr + $.04/citation for US abstacts in their PATS data base, which is more or less an 
on line version of the OG. BRS After Dark is only available from 6 PM to 4(?) AM.

And BRS After Dark is reachable at 1-800-456-7248 or (703) 442-0900 or fax (703) 893-4632. 
Mail address: InfoPro Technologies/8000 Westpark Drive/McLean, VA 22102. Australia/NZ: 
InfoPro TEchnologies/Locked Bag 44/Botany, NSW 2019 Australia, |Tel (02) 316-9631 or 
(008) 226-474 (Australia), Fax: (02) 316-9485. They also have the INSPEC database for $22/
hour...

2.7.3	Can anyone tell me if it is possible to search for patents by 
Telnet or FTP? 

From oppedahl@Panix.Com Sun Jan 31 18:37:35 1993

Well, if you have a Dialog account you can telnet to Dialog, enter your user number and 
password, and search away. Databases include non-US as well as US patent information. And 
if you have a Lexis account you can telnet to Lexis, enter your user ID, and search away. 
Databases are mostly limited to US patents, but include full text.

To sign up for Dialog, call 1-800-3-Dialog. Those outside the US cannot call US 800 numbers, 
of course. For them, try calling 415-858-3785. Those in Australia may call 61-2-212-2867.

To sign up for Lexis, call 1-800-543-6862. Those outside the US may call 513-865-6800.

I hope I don't get peoples' hopes up with this. It's not that you call them up and they give you 
a user ID which is free. You call them up and pay them money, and promise to pay them more 
money.Then they give you an ID.

And the internet is just one of many ways to reach Dialog and Lexis. One may reach them via 
local dialup or 800 number or other ways.

2.8	Contesting Patents and Reexaminations

From: Carl Oppedahl <0001811496@mcimail.com>

2.8.1	Q. If I think some patent (software or otherwise) should 
never have been granted, what can I do?

A. One choice is to ask the Patent Office to reexamine the patent. Pros are that it is much less 
costly than litigation, and there is no requirement that you satisfy the conditions for a DJ action 
(see below). Cons are that only documentary evidence (no live witnesses) may be submitted, 
and you don't get to participate fully as an adversary as you would in court. You'd have to pay 
the fee for re-examination, approx $2K.

 B. Another choice, if it happens the patent owner has applied for "reissue" (a procedure that is 
available to the patent owner after issuance), is that you may provide to the Patent Office 
whatever you would have provided in a reexamination (see above). The Patent Office takes 
what you provide into account in deciding whether to reissue the patent. 

C. Yet another choice, if you have made, used, or sold something regarding which you have a 
good-faith apprehension of being sued by the patent owner, you may initiate a declaratory 
judgment (DJ) action. This forces the patent owner to "put up or shut up" -- to proceed as if s/
he had sued you for infringement, or to give up and say you do not infringe. If you show that 
the patent is invalid, the result is that the court invalidates the patent. 

2.8.2	Q. I have information in the form of a patent or printed 
publication that I think bears on the validity of an issued 
U.S. patent. I wish to make sure that if the patent is acted 
upon (e.g. asserted in litigation, reexamined, or reissued) 
my information will be taken into account. I am not, 
however, willing to pay the fee (ca. $2K) for a reexamination 
application. What may I do? May I do it anonymously? 

A. Prepare a submission of the patent or printed publication, together with an explanation in 
writing of the pertinency and manner of applying such prior art to at least one claim of the 
patent. The citation of such prior art and the explanation thereof will become a part of the 
official file of the patent. If the person making the citation wishes his or her identity to be 
excluded from the patent file and kept confidential, the citation papers must be submitted 
without any identification of the person making the submission. You should then do one of the 
following: 

1. Prepare an extra copy of the submission, and send it to the patent owner at the 
correspondence address which the patent owner has filed with the Patent Office. In the copy 
you send to the Patent Office, attach a statement that a copy of the same has been mailed to the 
patent owner, giving the details of the address used, or, 

2. File the submission with the Patent Office in duplicate. In your submission, make reference 
to the U.S. Patent Number. Authority: 35 U.S.C. sec. 201, 37 CFR sec. 1.501, MPEP sec. 
2202. If you want an ackowledgement that the submission was received by the Patent Office, 
enclose a self-addressed stamped post card detailing the contents of your submission. The 
Patent Office mail room will stamp the card and mail it back to you. Besides assuring that the 
reference will be considered during any subsequent reissue or reexamination proceedings, a 
possible further effect of your submitting a reference to the Patent Office is that it may come 
into the possession of parties approached for license by the patent owner. It is commonplace 
that one approached by a patent owner will order up a copy of the file wrapper. In doing so, one 
would receive with it the references, if any, submitted by third parties. 

None of this should be construed as legal advice. If you want legal advice, see a lawyer. 



2.9	International Conventions (PCT & EPC?)

This question deals with how an invention that is patented in one country can be protected in 
another...

First some definitions:

	Local Filing: The first lodgement of a patent application in anycountry.

	Foreign Filing: The lodgement of a patent application in a foreign country.

2.9.1	Paris convention

Most major industrial nations (apart from Taiwan) are members of the Paris Convention. This 
Provides a 12-month automatic period of grace for you to lodge your Foreign Filing after 
lodging your Local Filing.

2.9.2	Patent Co-operation Treaty (PCT)

	Offers a simplified procedure for multiple filings of patent applications and most 
major industrialized nations are members. This occurs by filing, within 12 months of a Local 
Filing an "international application" under the treaty, normally with your Local Patent Office. 
This has the effect of a regular patent application in the PCT Contracting states that you may 
wish to designate in your international application.

The first phase of the PCT application is the "international phase" of processing where a 
formality check and a relevant art search is carried out, this normally lasts up to 19 months 
from the Local Filing. The applicant has the option of asking for "international preliminary 
examination" which is a report containing an opinion as to the novelty, obviousness and 
industrial utility of the claimed invention. This option also extends the above deadline from 19 
to around 30 months from the Local Filing.

Next comes the "national phase", (about 20 or 30 months from Local Filing), were the 
application proceeds as a normal Foreign Filing in each designated country. 

2.9.3	European Patent Convention (EPC)

This Convention applies to most EEC contries and takes the process of the PCT (above) a step 
further, with all the processing of a European application continuing together up to just before 
the grant stage whereby the application is finally registered in each EPC designated state.

2.9.4	Community Patent Convention (CPC)

No yet in force but likely to be so in a few years and will enable applicants to obtain a single 
patent for the whole of the EEC member states.

2.10	Patents v. Copyright

This answer is provided by Terry Carroll <tjc50@juts.ccc.amdahl.com>, and is included in 
both the Copyright and Patent FAQs. Please refer any feedback to Terry, so that updates to both 
FAQs can be coordinated.

There are basically five major legal differences between a copyright and a patent in the United 
States: subject matter protected, requirement for protection, when protection begins, duration, 
and infringement. There's also a sixth practical one: cost.

Subject matter: A copyright covers "works of authorship," which means essentially literary, 
dramatic, and musical works, pictorial, graphic, and sculptural works, audio-visual works, 
sound recordings, pantomimes and choreography. A patent covers an invention, which means 
essentially a new and non-obvious useful and functional feature of a product or process.

Requirement for protection: In order for a work to be copyrighted, it must be original and fixed 
in a tangible medium of expression; no formalities are required. In order for an invention to be 
patented, it must be novel (new), non-obvious, and useful. In addition, for an invention to be 
patented, a patent must be granted by the United States Patent and Trademark Office.

Start of protection: Copyright protection begins as soon as a work is created. Patent protection 
does not begin until the patent is granted.

Duration: A copyright generally lasts for the life of the author, plus 50 years. In the U.S., a 
patent lasts for 17 years from the date granted (in some nations, particularly Japan and most 
European nations, the duration is 20 years, and is measured from date of application).

Infringement: For a copyright to be infringed, the work itself must have actually been copied 
from (either wholly or to create a derivative work), distributed, performed, or displayed. If a 
person other than the copyright owner independently comes up with the same or a similar 
work, there is no infringement. In contrast, a patent confers a statutory monopoly that prevents 
anyone other than the patent holder from making, using, or selling the patented invention. This 
is true even if that person independently invents the patented invention.

Cost: A copyright is essentially free. Even if you want to register the copyright, the cost is only 
$20, and the paperwork is much less complicated than the 1040A short form for filing your 
income tax; well within the capabilities of the person registering the copyright. A patent, on 
the other hand, is much more costly; there are fees to the Patent and Trademark Office, and the 
patent application process is much more complex, usually requiring the services of a registered 
patent agent (and perhaps a lawyer) to draft and prosecute the application, adding to the cost.

Philosophically, you can look at a copyright as protecting the author's rights that are inherent 
in the work; in contrast, a patent is a reward of a statutory monopoly to an inventor in 
exchange for providing the details of the invention to the public.

2.11	Copyright FAQ

A Copyright FAQ is separately maintained by Terry Carroll and is posted regularly to misc.int-
property and comp.patents. 
3	FTP Information

NOTE: care must be taken re that permission is sought re contractual stipulations if 
information is forwarded fromcommercial databases...

3.1	List of Relevant software patents maintained 
bymernst@theory.lcs.mit.edu (Michael Ernst)

Any additions please send direct to Michael

Located at:

mintaka.lcs.mit.edu:/mitlpf/ai/patent-list 

jupiter.ee.pitt.edu:pub/patent/patent-list 

3.2	ftp.su.oz.au in pub/patents/ and rusmv1.rus.uni-
stuttgart.de [129.69.1.12] in /info/comp.patents/

archive/ - archive of old comp.patent postings

best/ - moderators collection of informative posts

carl/ - collection of old post from Carl Oppedahl <0001811496@mcimail.com>, who is a 
patent attorney and regular contributor to the group.

summary/ - Patent law summaries 

non-US at present.

US4558302 - lzw-patent compress patent 

USPTO - Recent discussion paper on reform of the USPTO

US4555775 - ATT Backing store patent

attletter - letter by ATT to X- consortium

mitletter - MIT's response to the ATT letter

AI300 - list of 300 AI patents in 1989

3.3	Periodic Lists

See also periodic posting in comp.patents of patentsdealing with neural networks maintiained 
by Greg Aharonian,srctran@world.std.com

3.4	patents information at prep.ai.mit.edu in /pub/lpf/

There is patent information on this directory from the League forProgramming Freedom, 
including LPF position papers, analysis andfull text of several patents, and comments given to 
the US PTO regarding modifications to US Patent Law.

This is perhaps the most extensive source of information on patents and is recommended to 
newcomers to these issues.

ai.patent.list.Z\ Artificial intelligence patents from 1989.

best-handout.texinfo.Z\ LPF handout (texinfo).

bidzos.letter.Z\ Letter from RSA to the chair of the House subcommitte on Technology and 
Competitiveness.

bidzos.response.Z\ Response to bidzos.letter.

bios.texinfo\ Bios of LPF people.

borland-amicus-brief.Z\Final Draft of the Law Professor Amicus Brief for the Lotus v. 
Borland Case

byte-order.patent.Z\ Info on the little-endian<->big-endian patent.

chess-flyer.ps.Z\ LPF illustration of exclusive-or on chess piece (PostScript).

congress.texinfo.Z\ Writing Effectively to Congress (texinfo).

copyrighted-languages.texi.Z\Copyrighted Programming Languages (and the EC directive on 
software copyright) (texinfo)

demo.ap-wire.Z\ Report of LPF demonstration.

demo.final.release.Z\ LPF press release for demo.

diamond-v-deihr.quote.Z\ Quote from US case re. `mathematical formulae'

europe.xmail.Z\ Some postings from the ELPF mail list (BABYL mail file)

famous.people.Z\ Noteworthy members of the League for Programming Freedom

gatt.text.Z\`Intellectual property' law under the General Agreement on Tarrifs and Trade.

handout.gore.ps.Z\ LPF anti-monopolies handout (PostScript).

ibm.think.article.Z\ IBM insider's view of software patents.

index.Z\ INDEX OF LPF MATERIALS

integration.patent.Z\An example of patenting a mathematical discovery (a Monte Carlo 
integration technique).

issues.latex.Z\Why Patents Are Bad for Software; 

jefferson.quotation.Z\Thomas Jefferson on protefting ideas.

kapor.testimony.Z\Testimony of Mitchell D. Kapor (co-author of Lotus 1-2-3) in congressional 
hearing

laf-fallacies.texi.Z\Three Common Fallacies In the User Interface Copyright Debate (texinfo)

look-and-feel.texinfo.Z\Against User Interface Copyright [LPF position paper] (texinfo)

lotus-brief.government.Z\

lzw-patent.Z\Text of the LZW (`compress') patent.

materials.texinfo.Z\Materials Available from the League (texinfo)

mit.announcement.Z\X Consortium announcement on the `backing store' patent threat to X 
windows.

mps-patents.tex.Z\ Report of the Committee on Algorithms and the Law; \Mathematical 
Programming Society (plain TeX)

ndemo\

overkill\

parcplace.endorsement.Z\

lpf-patent-list.Z\ List of patents the LPF have one file.

patent-list.Z\ A compilation of software patents (superset of lpf-patent-list)

patent-office.answer.Z\ Response by the League for Programming Freedom to the request for 
public comment of the United States Patent and Trademark Office

patents.texinfo.Z\ Against Software Patents [LPF postion paper] (texinfo)

patent-office.rfc.Z\Request for Comments for the Advisory Commission on Patent Law 
Reform (USA)

patent.4916610.Z\Racal "Multilanguage software integration through preprocessing"

patent.4956809.Z\ Mark Williams byte-order patent

patent.5083262.Z\IBM "Language bindings for graphics functions to enable one \

application program to be used in different processing environments"

patent.essence.Z\ C code for essence of LZ compression patent 4,464,650

patent.events.Z\ some events in the software patents story (BABYL mail file)

pike.demo.Z\ Press release on picket of Rib Pike at MIT

plaintiff.addresses.Z\

protection.texi.Z\ The Software Protection Racket (texinfo)

recruit.texinfo.Z\ How to Recruit Members for the League (texinfo)

samuelson\ Articles by Pamela Samuelson

signs.texinfo.Z\ Making Protest Signs (texinfo)

speakers.texinfo.Z\ Becoming a League Speaker (texinfo)

supreme-court.patents.Z\quote from The Great Atlantic and Pacific Tea Co. vs. Supermarket 
Corp. (1950)

techrev.patents.Z\ `The Software Patent Crisis' by Brian Kahn.

lotus.texinfo.Z\ `Lotus disinformation'


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UT�� nXc$Understanding Invention Development d#UR
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Companies
?�� oMgThis portion of the FAQ is intended to answer frequently asked questions about the many companies that M��oMhoffer to develop one�s invention. Most of the comments below are specific to the United States, but may [��@oMc4have some applicability to other countries as well.
u��`pMd5Send comments and suggestions to oppedahl@panix.com.
c��� qM_The poriton of the FAQ dealing with Invention Development Companies is Copyright Carl Oppedahl �c���qMb1993. It may be freely copied and retransmitted on the condition that contents of the FAQ and its ���@qM#copyright notice remain unaltered.
Ԫ�
��UU`vU*What is an invention development company?
��� wMeThere are many invention development companies out there, and most, in my experience, are dishonest, ����wMjmanipulative companies that simply rip off innocent inventors. A handful, perhaps, are honest and deliver 
��wMigood value, but those are the exception. The newspapers, magazines, and Better Business Bureau files are 
��wMffilled with reports of innocent people who were duped into handing over thousands of dollars of their 
'��wMochard-earned money for the futile hope that an invention development company would genuinely market ugg
5��@wMl@their inventions.

O��`xMpoKThe U.S. Patent Office defines the following terms at 37 C.F.R. 10.23(17):
rl 
i�� yMb�Invention developer� means any person, and any agent, employee, officer, partner, or independent 
w��yMhcontractor thereof, who is not a registered practitioner [agent or attorney admitted to practice before  c
���yMbthe U.S. Patent Office] and who advertises invention development services in media of general cir
���yMdculation or who enters into contracts for invention development services with customers as a result on
���@yM��of such advertisement. 
ue
��� mMe `�Invention development services� means acts of invention development required or promised to be fi
���@mMofVperformed, or actually performed, or both, by an invention developer for a customer. 

��� rM-e`�Invention development� means the evaluation, perfection, marketing, brokering, or promotion of ��
���rMthcan invention on behalf of a customer by an invention developer, including a patent search, prepara 10
���rM`tion of a patent application, or any other act done by an invention developer for consideration r 
��@rMdtoward the end of procuring or attempting to procure a license, buyer, or patent for an invention. 
pr'�� sM��]�Customer� means any individual who has made an invention and who enters into a contract for m5��sMrbinvention development services with an invention developer with respect to the invention by which C��sMulcthe inventor becomes obligated to pay the invention developer less than $5,000 (not to include any iceQ��sMnveadditional sums which the invention developer is to receive as a result of successful development of  _��@sMenthe invention). 
ay�� tMb�Contract for invention development services� means a contract for invention development services ���tMbwith an invention developer with respect to an invention made by a customer by which the inventor ���tM��abecomes obligated to pay the invention developer less than $5,000 (not to include any additional  ���tM��dsums which the invention developer is to receive as a result of successful development of the inven a���@tM��tion).
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��UU ~Uti3What are some of the warning signs of an invention C����
��UU@~Uthdevelopment company?
g7�� MvegBeware if the work the company proposes to do calls for an Invention Disclosure Document rather than a nveE��M tigenuine patent application. Beware if the company proposes that its main service will be publicizing the tS��Mr minvention in a newsletter. Beware if the company proposes that its main service will be giving you a list of aa��@MpeE�leads�, namely names and addresses to which it suggests you write. 
 {�� �M��jBeware if the company is not able to tell you that an attorney or agent registered to practice before the ����M wiU.S. Patent Office will be preparing a patent application as part of the services to be performed. Under ����Msorules of the U.S. Patent Office, a patent agent or attorney registered to practice before the Patent Office is ���@�Mforbidden to:
��� �MWhe�Represent[] before the Office in a patent case either a joint venture comprising an inventor and an ����Mreeinvention developer or an inventor referred to the registered practitioner by an invention developer �����Mgegwhen (i) the registered practitioner knows, or has been advised by the Office, that a formal complaint S������Minefiled by a federal or state agency, based on any violation of any law relating to securities, unfair  ����Mfmethods of competition, unfair or deceptive acts or practices, mail fraud, or other civil or criminal 
���M neconduct, is pending before a federal or state court or federal or state agency, or has been resolved .
���Milbunfavorably by such court or agency, against the invention developer in connection with invention 
!���M Uddevelopment services and (ii) the registered practitioner fails to fully advise the inventor of the ��
/���Mfo]existence of the pending complaint or unfavorable resolution thereof prior to undertaking or t
=��@�Mg Tcontinuing representation of the joint venture or inventor.� (37 C.F.R. 10.23(17).)
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��UU`�Uac*What is an Invention Disclosure Document?

���`�M (GQuoting from section 1706 of the Manual of Patent Examining Procedure:
tha
��� �MntbThe Patent and Trademark Office accepts and preserves, for a limited time, �Disclosure Documents� 
���@�M, 6as evidence of the dates of conception of inventions.

��� uMac`A paper disclosing an invention and signed by the inventor or inventors may be forwarded to the be
���uMstaPatent and Trademark Office by the inventor (or by any one of the inventors when there are joint c
���uMcginventors), by the owner of the invention, or by the attorney or agent of the inventor(s) or owner. It d (
���uM phwill be retained for two years and then be destroyed unless it is referred to in a separate letter in a pl
���@uMe /related [patent] application within two years.
�� �MincThe Disclosure Document is not a patent application, and the date of its receipt in the Patent and *Wh#���M DbTrademark Office will not become the effective filing date of any patent application subsequently 1���M��cfiled. However, like patent applications, these documents will be kept in confidence by the Patent ure?��@�M0and Trademark Office until a patent is granted.
onY�� �M��`This program does not diminish the value of the conventional witnessed and notarized records as org���M��devidence of conception of an invention, but it should provide a more credible form of evidence than reu���M_that provided by the popular practice of mailing a disclosure to one self or another person by tor���@�M (registered mail.
p��� �M fdA Disclosure Document is available to the public when an application which refers to it issues as a u���@�Menpatent.
ti�UQ	UT��`�Vs.CONTENT OF DISCLOSURE DOCUMENT
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�&*	Xt ( t �Mg hAlthough there are no restrictions as to content and claims are not necessary, the benefits afforded by , �Mllcthe Disclosure Document will depend directly upon the adequacy of the disclosure. Therefore, it is gra$�M\strongly urged that the document contain a clear and complete explanation of the manner and  r2�Mbprocess of making and using the invention in sufficient detail to enable a person having ordinary @�M��^knowledge in the field of the invention to make and use the invention. When the nature of the N�Morfinvention permits, a drawing or sketch should be included. The use or utility of the invention should \@�Mli1be described, especially in chemical inventions.
}UT	UT��`�VtiPREPARATION OF THE DOCUMENT
OF��� �MNT^The Disclosure Document must be limited to written matter or drawings on paper or other thin, ����M
�dflexible material, such as linen or plastic drafting material, having dimensions or being folded to te����Mno_dimensions not to exceed 8 1/2 by 13 inches (21.6 by 33 cm.). Photographs also are acceptable.  di����MeqVEach page should be numbered. Text and drawings should be sufficiently dark to permit ���@�M a9reproduction with commonly used office copying machines.
�UR	UT��`�VesOTHER ENCLOSURES
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�� �M sYIn addition to the fee described below, the Disclosure Document must be accompanied by a f
���Mdstamped, self-addressed envelope and a separate paper in duplicate, signed by the inventor, stating wi
'���Md ethat he or she is the inventor and requesting that the material be received for processing under the i
5���Mon[Disclosure Document Program. The papers will be stamped by the Patent and Trademark Office Doc
C���Mtegwith an identifying number and date of receipt, and the duplicate request will be returned in the self-lin
Q���Mti`addressed envelope together with a notice indicating that the Disclosure Document may be relied  8
_���M(2gupon only as evidence and that a patent application should be diligently filed if patent protection is ext
m��@�Mld=desired. The inventor�s request may take the following form:
i
��� �Msef�The undersigned, being the inventor of the disclosed invention, requests that the enclosed papers be 
����M b_accepted under the Disclosure Document Program, and that they be preserved for a period of two sse
���@�Mepyears.�
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�UP	UT��`�VedDISPOSITION
or
��� �M_The Disclosure Document will be preserved in the Patent and Trademark Office for two years and ces
����M��kthen will be destroyed unless it is referred to in a separate letter in a related patent application filed Doc
����Mteewithin the two-year period. The Disclosure Document should be referred to in a separate letter filed f	���M�`in a pending application by identifying the Document by its title, number, and date of receipt. ie���M�]Acknowledgment of receipt of such letters is made in the next official communication or in a p%���M��bseparate letter from the Patent and Trademark Office. Unless it is desired to have the Patent and 3���M, dTrademark Office retain the Disclosure Document beyond the two-year period, it is not required that  bA��@�Mhe+it be referred to in a patent application.
e pcUN	UT��`�VioFEE
wo}�� �M�WA fee of $6 (37 CFR 1.21(c)) is charged for filing a Disclosure Document. Payment must Doc���@�Mer[accompany the Disclosure Document when it is submitted to the Patent and Trademark Office.
e d�UL	UT��`�V iWARNING TO INVENTORS
r��� �Mla_The two-year retention period should not be considered to be a �grace period� during which the Doc����Mfehinventor can wait to file his [or her] patent application without possible loss of benefits. It must be meSK�I�g)�of**�*�	8�b
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�(,	Xal&ni�M��_recognized that in establishing priority of invention an affidavit or testimony referring to a ave�M��cDisclosure Document must usually also establish diligence in completing the invention or in filing ot $@�M��Dthe patent application since the filing of the Disclosure Document.
UT> �MwocInventors are also reminded that any public use or sale in the United States or publication of the nt L�Mginvention anywhere in the world more than one year prior to the filing of a patent application on that �ULZ@�MWA8invention will prohibit the granting of a patent on it.
ent �M nfIf the inventor is not familiar with what is considered to be �diligence in completing the invention� ��Mathor �reduction to practice� under the patent law, or if he has other questions about patent matters, the ��M�	_Patent and Trademark Office advises him to consult an attorney or agent registered to practice ���Mha^before the Patent and Trademark Office. A Directory of Registered Patent Attorneys and Agents ��MreJArranged by States and Counties titled ATTORNEYS AND AGENTS REGISTERED TO ��MKPRACTICE BEFORE THE U.S. PATENT AND TRADEMARK OFFICE is available from the ocu��M]Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Patent c��M`attorneys and agents may be found in the telephone directories of most major cities. Also, many nt�@�MatKlarge cities have associations of patent attorneys which may be consulted.
 it�`�M�=(end of quotation from Manual of Patent Examining Procedure)
o
&��
��UU �Uco7What is the difference between an Invention Disclosure on 
8��
��UU@�U t#Document and a patent application?
sti
S�� �MatjThere is a world of difference. A patent application has the prospect of leading to an issued patent; the 
a���Mcegdisclosure document does not. It is extraordinarily easy and inexpensive to file a disclosure document eys
o���Mlyourself, and there is little need to pay someone else to do it for you. A patent application, on the other PR
}��@�MU.Lhand, is not easy to do yourself, and the Patent Office fee is much higher.
Su
���
��UU`�Ucu.How may I write to to the U.S. Patent Office?

���`�MteDUnited States Patent and Trademark Office Washington, DC 20231-0001
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��UU`�Uf 0How can I find a good patent agent or attorney?
at�� �Me gOne of the best ways to find a good patent agent or attorney is by a referral from a trusted friend or Man���Minkassociate. Ideally the agent or attorney you choose should have a technical background consistent with the @�!���M actechnology of your invention. There is something to be said for choosing a patent attorney who has s t/���Mdimlitigated patents; he or she is perhaps more likely to bear in mind the ways that patents are interpreted in i=��@�M a\court. Ask to see sample issued patents that have been obtained through his or her efforts.
e W�� �MyobSearches in online computer databases may help you evaluate candidates. To check references of an e���M�lattorney or agent you could search in Lexis or Dialog for patents prosecuted by the candidate, then contact Uns���M afthe inventors and ask them whether they would recommend the candidate to others. You could search the ����M��kcandidate�s name in legal databases such as Lexis or Westlaw to see if he or she appears in reported court d f���@�Mcases involving patents.
e��� �MateInterview the candidate to determine his or her level of technical knowledge. You would probably not o����Mtijwant to have to spend long hours at his or her billing rate explaining simple background information if a ���@�M iUdifferent candidate can be found who is quick to understand your technological area.
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��UU`�Us #Can�t I apply for a patent myself?
che%�� �Mn nYes, you can. It is called applying pro se. Perhaps one-fifth of all issued U.S. patents were applied for pro 3���MUnise, and some of them are actually well written. Most inventors find, however, that an experienced patent cA���M��fagent or attorney can add value in many ways in preparing a patent application, both in bringing past O���Mrteexperience to bear in drafting claim language, and in assisting the inventor in appreciating all the t]���Mlehinventive aspects of the invention. Furthermore, the agent or attorney is likely to be methodical about  ak���Mngffollowing and meeting Patent Office due dates, where a pro se applicant might miss a due date at some y��@�M upoint during prosecution.
���
��UU`�UK�%What does �patent prosecution� mean?
��� �MXhPatent prosecution means preparing and filing patent applications, and taking the many subsequent steps ap���@�Mys:involved in progressing toward issuance of a U.S. Patent.
���
��UU`�Uap-How much does it cost to apply for a patent?
l
�� �MmIf you apply pro se the largest single expenditure is typically the Patent Office filing fee of some $300 or  
���Mmmore. If you retain a patent agent or attorney you can expect to pay for many hours of that person�s time at  
+���Mrtgsome standard billing rate, leading to total costs as of filing the application of some higher amount. ]��
9���MinhDepending on the billing rate and the time required it is common for a patent application to cost $2000-��
G��@�MfoO$3000 at the low end of the scale, or $10000-$15000 for a complex application.
a d
a�� �M��jPatent agents and attorneys vary in billing rates and in billing practices. Some, although not very many, 
o��@�MPaLwill quote a fixed price for preparation of a (utility) patent application.
e 
���
��UU`�Uep4What are the time limits for applying for a patent?
rd
��� �MiNo U.S. patent will be granted on an application if the invention was disclosed in a printed publication p
����Mesianywhere in the world more than a year before the filing of the application. Furthermore, no U.S. patent  
����Mtemwill be granted on an application if the invention was sold or offered for sale in the U.S. more than a year s
���@�Mte'before the filing of the application. 
 ap
��� �MhinFor those who are interested in also obtaining protection in countries other than the U.S. it is important to ��@�M ckbear in mind that the patent application should be filed prior to any public divulgation of the invention.
on.�� �M�oFor these reasons it is wise to consider setting a goal of getting the patent application on file prior to any o��-��@�Mwipublic disclosure or sale.
epaG�� �MtykEven if the invention has not been publicly divulged there are reasons to file a patent application sooner U���Mpahrather than later. Filing the application sooner will help to some extent in prevailing over others who c��@�M i]happen to have developed the invention independently and who also file a patent application.
 ���
��UU`�Ute$So there are only sharks out there?
 t��� �MolhNo, thank goodness. The overwhelming majority of registered patent attorneys and patent agents are well-ti����Mkintentioned. Among organizations other than patent attorneys who cater to inventors, this writer has heard por���@�Mgood comments about two: 
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�,	Xwico �Moab1. The Wisconsin Innovation Service Center, 402 McCutchan, University of Wisconsin at Whitewater, �MeWhitewater, Wisconsin 53190, telephone 414-472-1365. I have heard that for a modest fee (under $100) p$@�M\the center will give a good-faith appraisal of the development prospects for an invention. 
t > �M od2. Arthur D. Little in Cambridge, Massachusetts. I have heard that ADL has a subsidiary that treats leL@�MioSinventors fairly in return for a share of the eventual commercialization proceeds.
hNof �MThgI would be interested to hear from anyone who has had good or experiences with either organization, or kint@�Mrg(with any invention development company.
 c���
��UU �U t:What will happen if I try to license my invention without ���
��UU@�Ufiling a patent application?
��� �M deLarge well-known U.S. companies routinely return invention submissions unread, typically enclosing a �����Mnsjbrochure explaining the company�s unwillingness to consider any invention unless the inventor first signs ����Mn ka form agreeing to release the company from any obligations other than to pay for patent rights. With such ter���@�Mfabcompanies it is unworkable to proceed without having filed a patent application on the invention.


��`�M, By Carl Oppedahl, 
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'��`{M s$Carl Oppedahl AA2KW (patent lawyer)
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A��`}Mir 1992 Commerce Street #309 
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ss)��`�M�0From: Gordon Irlam <gordoni@cs.adelaide.edu.au>
,XC�� �M�]In England by the late 16th century, patents had regularly been granted by the Crown for the �Q���Mrscencouragement of invention and innovation.  But Royal prerogative in this as in other matters soon *�	_���Mgdegenerated to near total misuse with patent monopolies being granted to reward favourites and to help s><m���M_consolidate the power of the Crown. As restrictive patent monopolies began to cover such daily ;B;{���ML;lnecessities as salt, oils, vinegar, starch and saltpeter, public outcry became great.  Eventually pressures ����M gexerted via the House of Commons and the Courts led to the next major development in the world history qb�����Miof the patent system: the English Statute of Monopolies of 1623.  This Statute which declared monopolies b����Mito be void under common law, made an exception for invention patents.  Patent law was thus contradictory s���@�M,Xfrom the beginning.
In��� �MtedBy the end of the 18th century, the U.S. and France had established patent law based on the English em����MndhStatute of Monopolies.  In the early decades of the 19th century many European countries adopted formal to����M wbpatent laws.  However, controversy and debate on the patent system heightened as the 19th century ����M tlprogressed.  Indeed for a few years it appeared as if the patent abolitionist movement, which was linked to al
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�� �MesgParliamentary committees and royal commissions investigated the operation of the British patent system opm
-���Misiin 1851-52, in 1862-65, and again in 1869-72.  The findings of these reviews lent considerable weight to e
;���Mnobthe arguments of the patent abolitionists: �Some of the testimony before these commissions was so 
I���Muscdamaging to the repute of the patent system that leading statesmen in the two Houses of Parliament 8th
W���M afproposed the complete abolition of patent protection.� However, compromise prevailed and the eventual 
e���MadgPatent Reform Bill that arose out of the 1872 Commission�s Report advocated changes to patent law that er,
s���Mebkwould significantly weaken the harmful effects of patent monopolies: �... a reduction of patent protection ear
����Mf k[from fourteen years] to seven years, strictest examination of patent applications, forfeit of patents not rev
����Mhworked after two years, and compulsory licensing of all patents.�  This Bill was passed by the House of sy
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��� �M65g    --  From Economic Effects of the Australian Patent System, Australian Industrial Property Advisory bth
���@�M pCommittee, 1982.
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pm�� �Marl    �In the electronics industry, patents are of no value whatsoever in spurring research and development.� ei{���Mevg-- Roger S. Borovoy, vice-president and chief counsel for Intel Corp. Business Week, 11 May 1981, page sse���@�M44E
��� �Ms.rI went to the library to look up this article.  It was very nteresting, because it presented a point of view that ����M��jI had never seen before:  Patents don�t spur innovation because they are *ineffective at giving inventors ���@�Mmonopolies*, in most cases:
h��� �M�6e  Mansfield studied 48 product innovations -- 31 of them patented -- in   the electronics, chemical, ����MK�bdrug, and machinery industries.  He finds  that the existence of patents usually did increase the ����Mbcost of legal imitating the original invention by about 11%.  But 60% of the patented innovations 
���Mw@bwere successfully imitated within four years -- some of them in a far shorter time.  �Contrary to 
���MatYthe assumption of many economic models, a patent frequently does not result in a 17-year v
���MchZmonopoly over the relevant innovation,� says Mansfield, who suggests that this calls into 
-��@�Ms.;question the conclustions of a number of economic studies.
 nt
G�� �MitkThe article goes on to say that the exceptions seem to be patents on pharmaceuticals (which are inherently  be
U���Mefjdifficult to invent around), and major innovations (like xerography) that embody a wholly new concept. If 
c���Mrojyou�re interested in actually studying the issue (rather than just supporting an ideological position), I 
q��@�Mes recommend reading this article.
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)�� �Mr ZFrom 0001811496@mcimail.com Wed Aug 19 15:36:56 1992 Date: Mon, 17 Aug 92 03:51 GMT From: 7��@�Mdo(Carl Oppedahl <0001811496@mcimail.com> 
�Q�� �Mr j>An interesting observation about patents and recessions. The March 24th issue of the Official Gazette of _���M agthe US Patent Office listed about 2000 patents that had expired because the assignee failed to pay the  tom��@�Mrmmaintenance fees. 
 in��� �MlWell, yes, that is commonplace nowadays. You pay an issue fee for the patent to issue, then after 3.5 years nc����Mka maintenance fee, then after 7.5 years another maintenance fee, then after 11.5 years a final maintenance on)���@�M�>fee. If you fail to pay a maintenance fee the patent lapses. 
��� �M�iThe idea, of course, is to try to extract money from patent owners in some relationship to how lucrative �����Mw@kthe individual patents are. The other choice (which was the practice in the U.S. up until the last decade)  19����Me:kwas to charge all the money in application fees and issue fees, which came down pretty heavily in favor of  �����Mingmoneyed inventors. Now, if your patent happens not to have panned out, you just meekly fail to pay the �����Mt lmaintenance fee, and spend less money than if it had all been packed into the application fee and the issue rm
���M. ofee. As an individual or small business this makes it easier (less costly) to get a patent in the first place. the
���MncfYou, the individual or small business inventor, are being subsidized, when you apply for a patent, by 
���Menbothers whose patents happen to be making lots of money (which prompts them to pay the maintenance 
-��@�Midfees). 
rs
G�� �MtrfA further public benefit of the maintenance fee system is that it �clears the deadwood�, reducing the 
U���Mothnumber of patents you would have to worry about if you are searching patents because you are afraid you ha
c���Minkmight infringe one. Suppose you are planning to enter technological area X, and search all patents finding  in
q���Moujthree of them in area X. Suppose further that two of them have expired due to failure of the owner to pay 
��@�Mes[the maintenance fee. Now you need only worry about whether you infringe the remaining one.
�
��� �MndjIn the past the US did not have renewal fees, now they have them every 4 years. Here are excerpts from 37 
���@�M t7CFR 1.20, the regulation covering post issuance fees: 
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��� �M f`(e) For maintaining an original or reissue patent, except a design or plant patent, based on an h 
����My aapplication filed on or after December 12, 1980 and before August 27, 1982, in force beyond four h
���@�MsyXyears; the fees is due by three years and six months after the original grant $ 245.00 
s 
��� �Mwo`(f) For maintaining an original or reissue patent, except a design or plant patent, based on an fr���Myo\application filed on or after December 12, 1980 and before August 27, 1982, in force beyond ���@�M�]eight years; the fee is due by seven years and six months after the original grant $ 495.00 
�-�� �Mth`(g) For maintaining an original or reissue patent, except a design or plant patent, based on an ;���Mhe\application filed on or after December 12, 1980 and before August 27, 1982, in force beyond omI��@�M�_twelve years; the fee is due by eleven years and six months after the original grant $ 740.00 
ntac�� �Mor`(h) For maintaining an original or reissue patent, except a design or plant patent, based on an fiq���Mcecapplication filed on or after August 27, 1982, in force beyond four years; the fee is due by three  is���Ms `years and six months after the original grant: By a small entity $ 415.00 By other than a small ri���@�Matentity $ 830.00 
n��� �Mba`(i) For maintaining an original or reissue patent, except a design or plant patent, based on an t ����M beapplication, filed on or after August 27, 1982, in force beyond eight years; the fee is due to seven n����M
�^years and six months after the original grant: By a small entity 835.00 By other than a small ���@�M aentity 1,670.00 
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���	Xe * d �M a`(j) For maintaining an original or reissue patent, except a design or plant patent, based on an ri�Mat_application filed on or after August 27, 1982, in force beyond twelve years; the fee is due by  af$�M2,aeleven years and six months after the original grant: By a small entity 1,250.00 By other than a a2@�Mgrsmall entity 2,500.00 
415L �Ma [(k) Surcharge for paying a maintenance fee during the six-month grace period following the oriZ�Mataexpira- tion of three years and six months, seven years and six months, and eleven years and six ah�M82cmonths after the date of the original grant of a patent based on an application: Filed on or after terv@�Mt:8December 12, 1980, and before August 27, 1982 $ 120.00 
� �M,6[(l) Surcharge for paying a maintenance fee during the six-month grace beyond following the ���MXaexpira- tion of three years and six months, seven years and six months, and eleven years-and six i��Mt bmonths after the date of the original grant of a patent based on an application filed on or after �@�Mbe\August 27, 1982: By a small entity (@ 1.9(f)) $ 60.00 By other than a small entity $ 120.00
r � �M: _(m) Surcharge for accepting a maintenance fee after expiration of a patent for non-timely pay- ��MSuYment of a maintenance fee where the delay in payment is shown to the satisfaction of the �@�Mex0Commissioner to have been unavoidable $ 550.00 
ar

 �ManlOne will note several things about this. The fee that is due is based on when an application was filed, not  a
�Medgwhen the patent issued. The fee goes up steeply, with an eight-year renewal costing more than the four-
&�Mhadyear, and the twelve-year costing more than the eight-year. Finally, the system even in the area of X
4�Mth^maintenance fees gives some accommodation to individuals and small businesses by making their 
B�M tlmaintenance fees less costly than for big businesses. If you are a �small entity� then your maintenance fee st
P@�Mal:is cheaper (as is the application fee and the issue fee).

j �MiBy definition if the patent happens to have worked out well (i.e. is making lots of money for the owner) 
x�MSufthen the owner _does_ have the money to maintain it, and indeed has no difficulty deciding to spend a 
��Monismall portion of the money on the maintenance fee. This is so regardless of the owner happening to be an f
��Mbakindividual or small business. On the other hand, if the owner has not paid the maintenance fee due to lack epl
��Meagof money, then by definition the patent must not have worked out well (i.e. has not made money for the  th
�@�Mll	owner). 
e
� �M ogOn behalf of clients I regularly monitor patents owned by particular large companies, and every week I y m
��Mgsee some patents owned by large companies (who have lots and lots of money) expiring due to failure to  ma
��Mkpay maintenance fees. Obviously for them the decision not to pay the fee was not lots of money, but rather on 
�@�Mena simple business decision. 
  �Mmok>This list of 2000 was an unusual amount for the Gazette, which usually lists some patents expiring, but I  no@�Mng%>haven�t seen to many with so many. 
 6 �MeykI haven�t checked the years exactly, but I think the number you observe is going up because the eight-year ualD�M. banniversary is just now coming around for the oldest US patents for which maintenance fees exist. R�My iConsider category (i) above, filed in 1982, issued (on average) in about 1984, and having the eight-year l`@�M fee coming due just about now. 
 Iz M piThat is, previously most patents that expired due to failure to pay a maintenance fee were by definition d�Ms apatents for which the four-year anniversary had come and gone. By now the patents you note might c�@Mfo=include both four-year and eight-year failures to pay fees. 
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 .From: Carl Oppedahl <0001811496@mcimail.com> 
C�� MiA writer asks how to go about getting a degree in patent law. The problem is there is no such thing. All oQ��Mr gyou can get is a non-denominated �law degree�, at least in the US. Worse, most law schools do not have , f_��Meddmuch in the way of courses in patent law. Even those that do have only a few courses, not enough to t m��@M"provide comprehensive background.
��� Md kBut you need not have a law degree to take the patent bar exam. Perhaps that is what the writer was really yea���Mcohasking about. You can take a course to prepare for it. Courses are offered in Washington (by the Patent r ���MesfResources group) and in New York (from the nonprofit Practicing Law Institute). The PLI course starts ���@MXKSeptember 14 in New York, and I am on the faculty, composed of volunteers.

UT��� MPahIf the goal is to become an intellectual property lawyer one must have a law degree, a strong technical A ���M gkbackground, pass the patent bar exam, pass the state bar exam, and then get lots and lots of experience in  ca���Momnthe profession. It helps a little, but less than one might think, to have taken coursework in the area in law ���@Mn school.
. 
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"M PYFrom: berryh@huey.udel.edu (John Berryhill, Ph.D.) Subject: Patent Depository Libraries 
nm�� 
#MThl Several people have written to ask where they may find out about recently issued patents or do free patent te{��
#Maearching. Aside from the public search room at the U.S. Patent Office (PTO), there is the Patent r���
#M�`Depository Library Program.  The program is run by the PTO and provides public access to patent  a���
#Mnccinformation.  Each Patent Depository Library carries both of the Official Gazettes (Trademarks and ve ���
#Mn lPatents) of the PTO and also receives microform copies of issued patents.  Usually, the libraries run about �g���
#Mprdtwo months behind on the microform.  In addition, several other patent office publications are made at���@
#M�<available (the Manual of Patent Examining Procedure, etc.).
as��� 
$Mn hMost importantly, each of the libraries has a CD-ROM patent searching system available for public use.  Jo���
$M.)]The CD-ROM system, known as CASSIS, contains a bibliographic, classification, and assignment s���
$Minkdatabases. CASSIS is neither the most complete nor best organized database in the world, but it�s free and  se
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%MchmFor more information on hours, facilities, etc. I have included the list of Patent Depository Libraries from t
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�Mog.From: Carl Oppedahl <0001811496@mcimail.com> 
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�MbadCharles C. Cumbo (Cumbo@esvax.dnet.dupont.com) asks whether it is possible to contact the US Patent ses��
�M.Sfand Trademark Offices via the Internet. The answer is no. Contacts from members of the general public ���
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$jare by mail or in-person visit, or by telephone. Only within the last couple of years have they even been ���@
�Mtc"willing to give out a fax number.
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����� 
�MrI tried it just now and got no answer. I�m told it is not working reliably.It has online the full text of patents ���
�M�fissued within the last week, as well as some other things.It is not available as a generalized way of ���
�MXecommunicating with everybody and anybody in the Patent Office, nor as a generalized way of obtaining ����@
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For those people reading the ascii file, I apologise for the data format which has been munged 
by the Framemaker word processing program. I shall be releasing a postcript copy of these 
tables, so refer back to the introduction for how to obtain a postcript copy. 

10.1	US Top 10 of 1992

Table 10.1  Top 10  Companies for Grants of US Patents in 1992

1.

Canon

1106

2.

Toshiba

1020

3.

Mitusubishi Electric

957

4.

Hitachi

951

5.

General Electric

937

6.

IBM

842

7.

Eastman Kodak

775

8.

Motorola

658

9.

Fuji Film

640

10.

Panasonic

608

10.2	US Patents By Country

 From: srctran@world.std.com (Gregory Aharonian)

What follows are statistics on US patents awarded to foreign countriesduring the time period 
of 1963 to 1986. Only countries with more than 1000 patents are listed. Not surprisingly, Japan 
and West Germany have the largest number of foreign patents, with totals comparable to the 
two U.S. states receiving the most U.S. patents.

Table 10.2 PATENTS BY COUNTRY, 1963-1986

United States

1,047,901

Japan

131,461

West Germany

 121,917

*California

 136,027

*New York

 106,303

England

 62,387

France

 46,049

Switzerland

 27,405

Canada

 26,101

Sweden

 17,119

Italy

 16,045

Netherlands

 14,563

Soviet Union

 6,036

Belgium

 5,611

Austria

 5,510

Australia

 5,094

Denmark

 3,286

Finland

 2,148

Israel

 2,070

Czechoslovakia

 1,847

Norway

 1,804

South Africa

 1,638

Spain

 1,562

Hungary

 1,469

Mexico

 1,254

Taiwan

 950

10.3	European Patent Office Statistics 1991

From: srctran@world.std.com (Gregory Aharonian)I recently received the 1991 Annual 
Report of the European Patent Office. It is filled with all kinds of useful statistics, some of 
which are listed below

.

Table 10.3 The following country codes are used

AT

Austria

GB

ENGLAND

BE

Belgium

GR

Greece

CH

Switzerland

IT

Italy

DE

Germany

LI

Liechtenstein

DK

Denmark

LU

Luxembourg

ES

Spain

NL

Netherlands

FR

France

SE

Sweden

Table 10.4 BREAKDOWN OF APPLICANTS BY RESIDENCE (OUT OF 55982 APPLICATIONS IN 
1991)

UNITED STATES

 26.8%

JAPAN

 21.9%

OTHERS 

3.7%

EUROPE 

47.6%

 DE 

18.7%

 FR

 8.1%

 GB 

5.2%

 CH

 3.7%

 IT 

3.6%

 NL

 3.6%

 AT,BE,DK,ES GR,LI,LU,SE 

 4.7%

Table 10.5 DESIGNATION RATE FOR EUROPEAN COUNTRIES

AT

45.47%

BE

51.89%

CH/LI

53.00%

DE

97.08%

DK

27.95%

ES

43.26%

FR

91.42%

GB

93.74%

GR

23.96%

IT

74.85%

LU

34.40%

NL

61.65%

SE

52.93%

Table 10.6 PATENT APPLICATIONS BY INTERNATIONAL PATENT CLASSIFICATION

1

Agriculture

539

0.96%

 2

Foodstuffs and Tobacco

756

1.35%

 3

Personal and Domestic Articles

1065

1.90%

 4

Health and Amusement

2420

4.32%

 5

Medical,Dental Preparations

1469

2.62%

 6

Preparing and Mixing

1972

3.52%

 7

Shaping I

1302

2.33%

 8

Shaping II

1965

3.51%

 9

Printing

1028

1.84%

10

Transporting I

2243

4.01%

11

Transporting II

2120

3.79%

12

Inorganic Chemistry

1268

2.27%

13

Organic Chemistry

3865

6.90%

14

Macromolecular compounds

2637

4.71%

15

Dyes, oils, petroleum

1438

2.57%

16

Fermentation,sugar,skins

1240

2.21%

17

Metallurgy

1019

1.82%

18

Textiles

1023

1.83%

19

Paper

333

0.59%

20

Building

1538

2.75%

21

Mining

289

0.52%

22

Engines and pumps

1458

2.60%

23

Engineering in general

1805

3.22%

24

Lighting and heating

1038

1.85%

25

Weapons and blasting

249

0.44%

26

Instruments I

5457

9.75%

27

Instruments II

3173

5.67%

28

Instruments III

1878

3.35%

29

Nucleonics

185

0.33%

30

Electric techniques

5166

9.23%

31

Electronics

3601

6.43%

32

Others

443

0.79%