About non-patent searches

2023.05.01 | search column

This article is based on what we researched at the time of writing.Please note that some information may differ from the latest information.

XNUMX. XNUMX.Introduction

 We often receive requests for so-called "non-patent searches," which target information other than patent information, but non-patent information has various characteristics that are different from patent information.In this article, we will discuss the types of cases in which non-patent searches are often conducted, and how they differ from patent information.

XNUMX.Cases of conducting non-patent searches

XNUMX Search for invalid materials

 The most common request for non-patent searches is for searches to invalidate obstructive patents.Non-patent information is often considered as invalidation material in the following cases.

・ When I searched for patent information but could not find a strong invalidation material
・ When you want to prove that the constituent features not stated in the primary cited invention are well-known arts
・ When there is a high possibility that it will be written in academic papers, etc. in terms of technical fields
・ Composition, manufacturing method, etc. that seems not to be written in patent information

What is invalid material search?

XNUMX Pre-application search

 As a prior art search before filing a patent application or requesting examination, we may be requested to search not only patent information but also non-patent information.Especially in the field of biotechnology, we often receive requests for searches that include not only domestic and foreign patent information but also academic papers during the examination process.

What is a pre-application search?

XNUMX Technological trend search

 When you want to know the trend of a certain technology and want to collect information not only from patent information but also from non-patent information widely (especially, as described later, there is a time lag until patent information is published, so non-patent information can also be investigated) If you want to obtain the latest information byIn addition, there are cases where web information, etc. is merged with the search results of patent information and reported.

What is a technology trend search?

XNUMX.Differences from patent information

XNUMX Search exhaustiveness

 Patent information is

・ A systematic collection covering almost all technical fields
・ Keyword search is possible up to the full text of the specification
・By searching using patent classifications, omissions due to keyword searches can be covered.

Therefore, it is suitable for efficient and exhaustive search.

 On the other hand, non-patent information

・ Information is scattered in various places such as academic papers, books, magazines, catalogs, web information, etc.
・ In many cases, only titles and abstracts can be searched by keyword.
・ (In some databases, it is possible to search using the controlled terms and classification codes given to the recorded documents) There is no technical classification that is systematically organized in all fields like the patent classification

Therefore, it can be said that there is a limit to conducting an exhaustive search.

XNUMX Availability

 The full text of patent information can be viewed and obtained immediately for free, but non-patent information (especially academic papers, books, magazines, etc.) can be viewed immediately due to copyright restrictions. As in the case of search XNUMX, there are many titles and abstracts, and it takes time and money to obtain the full text.

XNUMX Ease of handling

 Patent information is described in a uniform format in accordance with the description requirements stipulated by the Patent Act and WIPO standards, so it is very easy to handle when conducting peer reviews and organizing data.On the other hand, non-patent information does not have a unified format and is written in different ways, so it is more difficult to handle than patent information in the above aspects.

XNUMX Immediacy

 As a general rule, patent information (published patent publications) is published one year and six months after the date of filing of the patent application, so there is a time lag in information for the most recent year and a half.On the other hand, non-patent information has less time lag, and WEB information in particular can be said to be very immediacy (however, attention must be paid to the credibility of the information, etc.).

XNUMX Information content

 Patent information is, of course, centered on the description of the technology for which a patent is to be obtained. It can be said that there is a wide variety of information that does not appear in patent information in various media such as academic papers, books, magazines, catalogs, and web information.For example, a very simple configuration of a certain article may appear in a product catalog photograph, etc., which is intentionally not written in patent information.

XNUMX.summary

 Non-patent information is, so to speak, “all information other than patent information”. It is inconvenient to do so, and because a variety of information is spread in various media, it is difficult to determine which media (scholarly articles, books, magazines, catalogs, web information, etc.) and what tools (J-GLOBAL-Google Scholar-CiNiifree databases such asJDreamⅢ-Dialogue-STNextThe key is to consider whether you can efficiently obtain the information you want by using paid databases, libraries, search engines such as Google, etc.).

 For example, this well-known technology is likely to be written in books such as handbooks at the National Diet Library (*), or the technology in this field is likely to be written in the academic paper included in this file of STNext. I think it will be important to have an approach that responds toWe will continue to strive to propose optimal research methods based on the client's research objectives.

(*)Reference: Search at the National Diet Library

Research Division Fujita

【reference】

J-GLOBAL
https://jglobal.jst.go.jp/
Google Scholar
https://scholar.google.co.jp/
CiNii
https://cir.nii.ac.jp/
JDreamⅢ
https://jdream3.com/
Dialogue
https://db.g-search.or.jp/ad/proquestdialog/
CAS STNext
https://www.jaici.or.jp/stn-ip-protection-suite/cas-stnext/

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