Often times, the term “patent examiner” is used as an abbreviation to describe an individual who is responsible for examining a patent for validity, or to determine if a claim is valid. While a patent examiner is responsible for determining if a claim is valid, he or she is not responsible for deciding whether the invention is infringing another person’s patent. Instead, the decision to grant or deny a patent rests with the legal experts.
Qualifications
A Patent Examiner is an individual who works for a government patent office, such as the United States Patent and Trademark Office (USPTO), and is responsible for reviewing and examining patent applications to determine if they meet the legal requirements for grant of a patent.
The main responsibilities of a Patent Examiner include:
- Reviewing patent applications: The Examiner reviews the claims, specification, and drawings of a patent application to determine if the invention meets the requirements for patentability, including novelty, non-obviousness, and industrial applicability.
- Conducting prior art searches: The Examiner searches existing patents and other publicly available information to determine if the claimed invention is novel and non-obvious.
- Communicating with applicants: The Examiner communicates with the inventors or their representatives to request additional information or to clarify any issues with the application.
- Making a decision: The Examiner makes a decision on whether to grant a patent based on the examination of the application and the prior art search. If the Examiner decides to grant a patent, the claims are reviewed and modified, if necessary, to ensure that they are clear and properly defined.
- Maintaining records: The Examiner maintains records of the examination process, including the decisions made and the reasons for those decisions.
In conclusion, Patent Examiners play a critical role in ensuring that patents are granted only for truly novel and non-obvious inventions, and that the claims of the patents are clear and properly defined. This helps to promote innovation and to protect the interests of inventors and the public. Applicants for the position of patent examiner must have a bachelor’s degree in science or engineering. Candidates are also expected to demonstrate mathematical and scientific training. Typically, the position is advertised in newspapers, magazines, scientific journals, and online.
The qualifications of a patent examiner vary by jurisdiction and position. Generally, the qualifications for the position include a degree in the sciences, legal training, and five years of professional experience.
Despite the fact that the job of a patent examiner can be challenging, it can also be rewarding. Many aspiring patent examiners receive experience in the science or engineering field, which allows them to get a clearer picture of what is involved.
In addition, new patent examiners are given more autonomy as they progress in their careers. They can conduct patent searches, write reports, and advocate for patent allowance. They are also eligible for leadership roles.
The Examiner may also have prior experience if she came from an Extern Program which lasts from 12 weeks to a year and provides an opportunity for students to acquire knowledge and skills related to patents. The training includes lectures and classroom learning. There are also unpaid externships available. These are good opportunities for applicants to work with professionals who work with patents daily. The programs are offered throughout the year and are designed to provide students with a better understanding of the various career options within the U.S. Patent and Trademark Office.
The EPO requires that all officials be proficient in one or more of its official languages. For example, a candidate for a position in the chemical series must be able to read and understand the Japanese specification.
The European Patent Office (EPO) hires examiners from nationals of member states. The training program is paid and includes classroom learning, tutoring from senior patent examiners, and a probationary period.
Tools used by patent examiners
Patent Examiners typically use a variety of tools in their work, including:
- Patent databases: Patent examiners use databases, such as the Patent Office’s database, to search for prior art relevant to the patent application they are examining.
- Patent management software: Patent examiners use software to manage the workflow of patent applications, including tracking the progress of applications, conducting prior art searches, and generating and storing examination reports.
- Technical reference materials: Patent examiners have access to a variety of technical reference materials, including books, journals, and online databases, to help them understand the technology described in a patent application.
- Legal reference materials: Patent examiners also use legal reference materials, such as the Patent Act, to ensure that patent applications meet the legal requirements for a patent grant.
- Communication tools: Patent examiners use communication tools, such as email and instant messaging, to communicate with inventors, patent lawyers, and their colleagues regarding the examination of a patent application.
By using these tools, Patent Examiners can efficiently and accurately evaluate patent applications to determine whether they meet the requirements for a patent grant. This helps to ensure that the patent system operates effectively and efficiently, protecting inventors’ rights while promoting innovation and progress.
Searching for prior art
Whether you’re a scientist, inventor or patent examiner, you need to know how to search for prior art. It’s important for you to do this before filing a patent. It can help you understand the scope of your invention and it can also cover modifications.
If you’re an expert in a technical field, you may be able to do an effective prior art search on your own. However, you should also consult a patent attorney or IP professional for additional advice.
To search for prior art, you should start by developing a search strategy. Some common strategies include keyword searches, classification searches and citation searches. Using Boolean search strings can improve your results.
You can also use Google’s natural language keywords to perform a prior art search. This is a simpler search that can turn up millions of results.
AI could help find prior terms for the same structural and functional elements
Despite the hype surrounding AI, there are still many ways to perform the same task a human can. This is particularly true of analytics and data management, where a small set of specialists are responsible for gleaning valuable insights from an otherwise impersonal set of data. As such, they are in a good position to identify the most relevant data from the most irrelevant. The best part is that such a symbiotic relationship could be realized at scale, if a large enterprise would be willing to take the leap.
However, the challenge is to distill this voluminous trove of data into meaningful insights that can be applied in an organizational setting. This is where a nimble AI solution comes into play. As an example, one such exemplar is IBM’s Watson, a cloud-based AI solution able to handle the data influx of hundreds of thousands of customers and employees alike. Using Watson, companies are able to better respond to customer queries, analyze and improve customer service, and streamline processes such as inventory management.
