KnowThis Tutorial: Marketing Method Patents

Tutorial Contents

Page 5 of 15

It would be nice if a competitive MMP were easy to locate using industry terminology. Unfortunately this is not always the case. One reason is the patent applicant may be using terms they are familiar with and not those commonly used by the searcher. This is particularly the case if the inventor is from outside the industry but sees the patent as a way to gain entrance. Another reason is the patent applicant may use terms intended to describe something new and, consequently, may be inventing new terms. Finally, a patent may have claims on general concepts that are intended to cover many basic areas. For instance, a patent may claim coverage of “communication delivered via electronic networks” which may cover such marketing issues as Internet advertising, market research gathering using kiosks or selling via video conferencing to mention just a few.

Classification Search
All patents are assigned to one or more patent classes or groupings that are determined based on whether the invention is associated with a particular industry or whether the invention has similar “function, use or structure.” Determining which classes to search is not easy since marketing methods can fall to many different classes. Here are a few suggestions that may help the search effort:

If the process you are concerned with has a technology component associated with the process, including processes carried out on the Internet, then look to Patent Class 705 - Data Processing: Financial, Business Practice, Management, or Cost/Price Determination. This class has several marketing specific sub-classes as shown in the following table:

Number	Description	Coverage Includes
705/10	Market analysis, demand forecasting or surveying	Subject matter includes processing of market data, such as surveying, in order to predict future demand of a product or service.
705/14	Distribution or redemption of coupon, or incentive or promotion program	Subject matter particularly designed for price reduction of, or premium credit resulting from, the purchase of a commodity or service. Sub-class includes coupon dispensing or redeeming, and display or advertising systems.
705/26	Electronic shopping (i.e., e-commerce)	Subject matter for browsing and purchasing of products or services at a location geographically separated from the customer’s location. Includes remote or online shopping and features enabling a user to inspect products such as visual or audible representations.
705/28	Inventory management	Subject matter drawn to a computerized arrangement for establishing, maintaining or updating a record of inventoried items.
705/400	Cost/Price	Subject matter wherein the data processing or calculating computer is designed for or utilized in determining charges for goods or services.

If you are already aware of a MMP patent that seems to contain elements that should be of interest to you, you should search within the classification number or numbers listed in that patent.
Examine the Patent Classification Index to see an alphabetized list of industries and products. Each item may show several sub-items and their related classes and sub-classes.

Referenced Patent Search
Those searching for MMP may also look for clues in references cited within found patents. As part of an effort to prove to patent examiners that a patent is novel, a patent application must show evidence that research was undertaken to show that the invention is new and not previously known. The results of this research will appear in the Reference section. References may include previously awarded patents, existing patent applications, and other sources, such as magazine articles. Examining these references, particularly awarded patents, may suggest a lineage or chain of previous patents that were used to help lay the groundwork for a patent. The real value is finding a “foundation patent” which is defined as a patent on which many other patents are based. Once you have found an important foundation patent, searchers can search the USPTO database for all patents that use the foundation patent as a reference.

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