Patent and Trademark Research Center

Patent Research
Trademark Research

The Patent and Trademark Research Center at the University of Nebraska–Lincoln maintains a collection of resources from the U.S. Patent and Trademark Office necessary for preliminary patent and trademark research.

We offer assistance with PRELIMINARY patent searches (U.S.) BY APPOINTMENT and trademark searches (federal) by phone.  Location and directions.

Contact us 402-472-3411 if you need:

• To schedule an appointment for a preliminary patent search
• Trademark search assistance 
• Assistance printing the full-text of patents

 Contact a patent attorney for a complete patent search and for legal advice.

The services offered by the Patent & Trademark Library are free and staff are available to answer your patent and trademark related questions.

Patent Research

What is a Patent?

The United States patent and Trademark Office (USPTO) publishes a guide "General Information Concerning Patents" electronically (HTML Table of Contents) and as a brochure for 2010. From the Guide:

“A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S.possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

There are three types of patents:

1. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof;
2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants.”

 Patent Searches

Consult the Engineering Librarian’s Library Guide Patent tab: http://unl.libguides.com/content.php?pid=139294&sid=1191782

USPTO Resources:

• Techniques for Patent Searching
• How to Conduct a Preliminary U.S. Patent Search: A Step by Step Strategy 

Library Resources – selected books on intellectual property and the patenting process:

MARKETING

1. Doche, The Inventor’s Bible: How to Market and License Your Brilliant Ideas, HF5415.153.D63 2001
2. Lander, All I Need is Money: How to Finance Your Invention, HF5415.153.L36 2005
3. Kahn, ed., The PDMA Handbook of New Product Development, 2nd ed., HF5415.153.P35 2005
   
   

   INTELLECTUAL PROPERTY, PATENTING

4. Dreyfuss, Zimmerman, and First, Expanding the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society, K1401.A6 E96 2001
5. Lipszyc, Copyright and Neighbouring Rights, K1401.A35L467 1999 (in patent search room)
6. Guide to the international registration of marks under the Madrid Agreement and the Madrid Protocol : (updated April 2004), K1557.G85 2004 (in patent search room)
7. Bently and Sherman, Intellectual Property Law, KD1269.B375 2001 (in patent search room)
8. Fishman, Web & Software Development: A Legal Guide, 4th ed. KF390.5C6F57 2004
9. Grossman, Technology Law What Every Business (and Business-Minded Person) Needs to Know, KF390.5C6G76 2004
10. Medien, Intellectual Property Protection What Engineers and Other Inventors Need to Know, 3rd ed., KF2980.G65 2000
11. Rockman, Intellectual Property Law for Engineers and Scientists, KF2980. Z9R63 2004 (in patent search room)
12. Butler, Copyright for Teachers and Librarians, KF2995.B88 2004
13. Pressman, Patent it Yourself, 14th ed. KF3114.6.P74 2009. The 2002 edition is available online to UNL patrons: http://library.unl.edu/record=b3292445~S0
14. Amernick, Patent Law for the Nonlawyer, A Guide for the Engineer, Technologist, and Manager, KF3114.8.E54A44 1991
15. Lechter, Successful patents and patenting for engineers and scientists, KF3114.8.E54 S83 1995
16. Guide for the Preparation of Patent Drawings, KF 3120.A4 2002
17. Sheldon, How to Write a Patent Application, KF3125.C5S47 1992
18. Stobbs, Business Method Patents, KF3133.B87S76 2002 sup.
19. Grissom & Pressman, Inventors Notebook, 2nd edition, KF3114.6.G75 2000
20. Gibbs & DeMatteis, Essentials of Patents, T333.G53 2003

Trademark Research

What is a Trademark?

A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs which identifies and distinguishes the sources of the goods or services of one party from those of another.

This definition was taken from the brochure Basic Facts About Registering a Trademark, published by the United States Patent and Trademark Office (USPTO). In addition to defining trademarks, it details the establishment of trademark rights, and the trademark application process.

Legal information concerning trademarks is detailed in the Lanham Act, Title 15 of the United States Code.

Trademark Searches

Reference Librarians have been trained to offer assistance in using trademark materials, but you must perform the search yourself. Staff are not available to do trademark searches for individuals, and cannot give opinions or legal advice.

The USPTO has recently deployed the US Trademark Electronic Search System (TESS). It contains all currently active (and some inactive) trademarks. The file includes both text and graphic images.   

Completing a trademark search is not required before filing a trademark application. However, if there is a conflicting mark, the Trademark Office can refuse registration, and will not refund the application fee. Only the Trademark Office can determine marks that conflict, and marks don't have to be identical, or even in the same class of goods or services.

To complete the trademark process, a trademark application must be filed, including the appropriate forms and fees. It is recommended that a trademark attorney be consulted to complete the search and application process.

 Separate from federal Trademarks, each state issues its own trademarks. These are valid only in the state where they are issued, whereas trademarks issued by the USPTO are valid in all 50 states. In Nebraska contact The Department of Economic Development at (402) 471-3782.

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