Online searching of patents databases: a Southern African perspective
| DOI | https://doi.org/10.1108/eb045079 |
| Published date | 01 April 1991 |
| Date | 01 April 1991 |
| Pages | 257-262 |
| Author | David G. Gilson |
| Subject Matter | Information & knowledge management,Library & information science |
Article
Online searching of patents
databases: a Southern
African perspective
David G. Gilson
Division
of
Information
Services
PO
Box 395,
0001
Pretoria,
South Africa
Abstract:
Typical uses of patent information in
the
South
African context are explained briefly, particularly novelty,
infringement, family and equivalent searches. Certain
computerised patents databases available on
the
DIALOG
and ORBIT systems are
outlined,
with comments on the
types of search for which they are appropriate, and
on
their
limitations in terms of subjects, countries and time periods
covered.
Cost-saving strategies and short-cuts, aimed at
reducing the high cost of online patents searching for the
South African
user,
are
suggested.
These include using
Dialog's Dialindex,
MAPping,
and OneSearch, as well as
the use of low-cost or training databases such as Dialog's
ONTAP files and ORBIT s ORBPAT file.
1.
Introduction
International online databases have become more readily ac-
cessible to many information centres in South Africa during
the past decade. Of these, many cover patents and related
technical and legal information, and provide rapid and easy
access to a large volume of patent and related documentation
suitable for different patent searching applications.
A recurring comment regarding patent searches is that
many online users who feel quite comfortable searching data-
bases such as Inspec or Compendex, feel unsure of how to
tackle a search on a patents database.
A
further problem often
encountered
in the
Southern African context
is
that of locating
information relevant to our specific environment. To some
The author may be contacted at: Spoor &
Fisher,
PO Box
41312, 2024 Crarghall
Park,
South Africa.
extent this applies in the field of patent searching, but not as
much as might be thought. I will pick up this point again later
when I discuss novelty and family searches.
2.
A
few basic principles
First a few aspects of patent law must be clarified. What fol-
lows is of necessity brief and covers only the most basic prin-
ciples.
As you may be aware, a patent provides protection
only in
the
country
in
which it
has
been
granted.
Therefore, for
example, a British patent
has no
effect in South Africa, and the
British inventor must apply for
a
South African patent in order
to protect his invention in South Africa.
On the other
hand,
one of the fundamental requirements of
patent systems worldwide is that of
novelty.
In South Africa
this requirement is absolute novelty, i.e. the invention as de-
scribed in the patent application must be new (novel) on the
date of application.
A
novel invention is simply one which did
not form part of the state-of-the-art immediately before the
date of application. Furthermore, in terms of the South Afri-
can Patents Act 57/1978 the state-of-the-art comprises all
matter
which
has been made public, whether written, oral, by
use or
by
any other means.
For this reason, it is not possible to obtain a valid patent in
South Africa for any invention which has already been made
public in any way whatsoever, unless an application has been
lodged before such publication. The state-of-the-art therefore
comprises not only South African patents and other South
African literature, but that of the rest of the world as well.
Therefore we need access to worldwide literature for a
meaningful novelty search.
3.
Patent searches
Patent searches tend to fall into a few specific categories.
These include:
(1) novelty searches;
(2) infringement searches;
(3) name searches; and
(4) family or equivalent searches.
3.
1. Novelty searches
The object of a novelty search
is
apparent from the term used:
its object is to determine how novel an invention is. The re-
sults of
a
novelty search will tell whether it is worth spending
more money on the invention, particularly on overseas appli-
cations. Because of the absolute novelty requirement for a
valid patent, a novelty search restricted to South African pat-
ent records is really false economy, unless you are fortunate
The Electronic Library, Vol. 9, No. 4/5, Aug./Oct. 1991 257
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