(Why, When, Who, Where, What, How) Read a Patent!

Patents are a crucial source of information not only for protecting inventions but also for incentivizing technological progress. Reading and understanding patents is not just an activity for specialized lawyers; it can greatly benefit engineers, researchers, entrepreneurs, and professionals in technological fields. In this article, we explore why it’s important to read patents, when to do so, and how to make the most of the information they contain.

Why Read a Patent?

A patent is a unique source of technical and legal information. Studies have shown that up to 80% of the technical information found in patents is not available elsewhere. This makes patent literature an essential element for advancing research and development (R&D) and avoiding duplication of efforts.

In more detail, what are the implications of ignoring the corresponding source of information?

A first potential problem you may encounter is that the design or the research you are doing could lead to a patent infringement. That means that, the new invention you believe are making, has been already patented and, if the maintenance fees have been paid, the use, sale or production of your invention will violate the existing patent, even though you can prove your good faith. Apart from that, an existing patent anticipating your invention will also prevent you to get a patent.

Leaving aside legal troubles, a huge amount of intellectual activity is wasted if you are not aware of what is published in patent literature. You may research or design something already published in the patent literature. This is re-inventing what is already existing, or worse, coming up with an obsolete invention. All this is a waste of effort and resources you could have directed to other endeavour.

Another important fact is that patent literature can be seen as a technology indicator which measures the degree of development or even no-development, the “white spaces” in a certain technical area. Inventions are becoming more and more application of technologies coming from different areas: patents may help you to discover new technical areas to apply your solution. Moreover, Reading patents offers new opportunities and activities to find partners, “buyers” as well as to discover and monitor your competitors.

When to Read a Patent?

Patent consultation should occur regularly, especially during the early stages of developing a new product or technology. A first check should be made during the conceptualization phase to verify if the idea is new and patentable. It is important to continue monitoring patents during the design and prototyping stages, as changes to the original solution may render it no longer innovative or patentable. And it should not be forgotten that patent literature may offer ideas or even solutions for secondary aspects of your invention, for instance the choice of a material, you do not need to develop by yourself.

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What to Read in a Patent? 

The structure of a patent may appear complex, but by following some key steps, it is possible to extract relevant information without getting lost in legal details. Here’s a guide on what to read in a patent:

  1. First Page of the Patent: Contains essential information such as the patent number, publication date, inventor’s name, and assignee (often a company).
  2. Description: This section begins with an introduction to the state of the art and the problem the invention aims to solve. It is followed by a detailed explanation of the invention, with references to drawings that aid in understanding. The description should provide sufficient information for a person skilled in the field to reproduce the invention.
  3. Claims: This is the most important part of the patent from a legal perspective, as it defines the scope of protection. The claims are written in technical and legal language, often complex, and represent the terms of the “contract” between the inventor and the public. An invention can have multiple independent and dependent claims that specify various features and applications.
  4. Drawings: Patent drawings are not as technical as those used in engineering but serve to clarify fundamental aspects of the invention. They are particularly useful for visually understanding how the invention works.

Who Should Read a Patent?

Efficient and effective exploration of patent documents may in the end require the help of patent professionals, having both, legal and technical background and, specialized in patent search and examination. However, anyone with a technical background or knowledge of the specific technical field can read and understand correctly most of the information contained in a patent document and perform an initial screening. Patent documentalists and patent attorneys can be consulted for a final and targeted reading.

Where to Read a Patent?

The source of patent documents is the Patent Office. In the last forty years, thanks to the progress in the information technology, patent information is now available in electronic form in databases through online search engines. This makes the dissemination of patent information easier and cheaper and, at the same time, improves the possibility of search and analysis.

Reading patents is essential for anyone looking to innovate and stay competitive in the technology market. Patents offer not only legal protection but also a unique overview of the state of the art, revealing new opportunities and potential risks. Becoming familiar with reading patents is a fundamental step for any professional or company that wants to make the most of its creative and technical resources. At this point you may have the inspiration to “WWWWWHOW Write a Patent!!!”

This article is derived from the publication “WWWWWHOW (Why, When, Who, Where, What, How) Read a Patent!” by Domenico Golzio, to whom we extend our thanks for his valuable contribution.
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