Sunday, January 31, 2010

SURF IP -- International patent searching from Singapore's IP office

The Intellectual Property Office of Singapore offers a free online intellectual property search tool that could be a real time-saver for quick IP searches.

SURF IP is a portal that allows searchers to send a simple keyword search or an IPC classification search across several countries' patent databases. Though the searches are not comprehensive (they're limited to the parameters of a basic search at a given database; searches at the USPTO, for instance, are limited to post-1976 patents), the interface is easy to understand and the results display clearly. I would recommend this tool for casual patent searchers -- people interested in getting an idea about developments in an area of technology, for instance -- and as a supplement to espacenet.

I used the example of a Frisbee to try out SURF IP:

  1. To determine an IPC code for flying discs, I looked up "discus" in the Index to the USPC. The Index referred me to US class 482/21.
  2. Using the USPC to IPC8 Concordance, I translated the US class to IPC code A63B.
  3. Finally, I clicked on the IPC Search tab at SURF IP and entered my search term. You can choose to search all available databases or any combination of one or more of those databases; I searched all and got a nice list of results that matched my IPC code.
It's nice to have another free patent search tool on the block!

Saturday, January 30, 2010

A new edition of Patent Searching Made Easy

Last spring Nolo Press released the fifth edition of David Hitchcock's Patent Searching Made Easy, a venerable and reliable guide to conducting a prior art search. Hitchcock's book fills a large, PTDL-shaped gap in the popular patent search literature by including explanations of library resources including CASSIS and WEST. Also look here for tips for basic and advanced searching at USPTO's free PatFT and AppFT databases, an explanation of classification searching techniques and the Index to USPC, free non-USPTO search resources available online, and non-patent prior art sources. Illustrations and examples abound; appendices include examples of a classification search sheet and a nifty visualization tool for brainstorming index terms for a classification search.

We've got several copies here at the Main Library, plus some in various branches. This book is highly recommended for anyone interested in learning how to conduct a thorough patent search.

Sunday, January 24, 2010

Prop 8 controversy branches into IP

Intellectual property has become the latest legal battleground in the fight over gay marriage.

The Chronicle's Scavenger blog reported last week that Protect Marriage, a group defending the legality of a 2008 amendment to the California constitution banning same sex marriage, is suing Courage Campaign, a non-profit organization that supports gay and lesbian marriage, for trademark infringement.

Courage Campaign slightly adapted Protect Marriage's logo for use on a website that publishes coverage and commentary about the Federal court case challenging 2008 ballot initiative Proposition 8.

The original logo used restroom sign iconography to depict a man and a woman holding up a banner over some small figures, presumably representing children. Courage Campaign altered the logo so that both of the larger figures were wearing dresses.

Let's have a look at the logos. Here is the original from Protect Marriage:

And here is the adapted logo used for the Courage Campaign's Proposition 8 Trial Tracker:

While the spirit of this dispute clearly goes beyond intellectual property and is thus outside the scope of this blog, the facts illustrate the role that parody plays in determining fair use of protected material.

The Sacremento Bee quoted the ruling of the judge who denied Protect Marriage's motion to stop Courage Campaign's use of the mark:

The judge ruled that Courage Campaign's "use of the mark is protected under the First Amendment, in that the use is relevant to an expressive parody and … is not explicitly misleading."
Although fair use is notoriously hard to define, parody has long been considered a worthy "transformative" use of copyrighted material. Here's how Richard Stim defines parody in Nolo's Getting Permission (via Stanford Copyright and Fair Use Center):
A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to "conjure up" the original.
It's about time we had an intellectual property controversy more interesting that someone suing Apple or the RIAA suing someone!

Wednesday, January 13, 2010

There's a new patent and trademark blogger on the block

USPTO Director David Kappos has joined the blogosphere with his innovative "Director's Forum" blog.

Kappos seems like a serious guy, and it looks like he's keeping up his end of the Obama administration's promise of a more transparent and engaged government by posting candid and thoughtful pieces about the administration of the USPTO. Comments are enabled and posts seem to come up about once a week or so.

Join the conversation by visiting http://www.uspto.gov/blog/. It might just be your new favorite IP blog.