Patent Service; An Arm of Research' WILFRED W. SMITH E. I. du Pont de Nemours and Company, Wilmington, Delaware
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HE RESEARCH chemist, in the course of his trammg, . . learns to rely on the chemical literature to provide inspiration as well as information in the chosen field of research. In passing from academic to industrial research the student is frequently not advised, and it sometimes takes him years to realize, that he can no longer rely on the journal literature. In the industrial world, patents are the best literature, because industry prefers to publish the results of its research efforts through this medium rather than through the chemical journals. Delay in publication until completion of prosecution, together with the desire to secure the protection afforded by the issued patent, are among the reasons for this preference. Patents have been called the textbooks of modern industrial chemistry. The "chapters" are not published in sequence, however, and frequent digressions from the main theme appear to distract the reader. Patents, particularly chemical patents, of two or three decades ago were often written in such a way as to confuse or even mislead the reader, although this has been largely - . corrected in the last 10 or 15 years. A certain Presented before the Division of Chemical Education of the American Chemical Society, 106th meeting, Pittsburgh, Pennsylvania. September 7, 1943.
legal atmosphere, an anathema to many chemists, surrounds a patent. Consequently, there is a tendency for the research chemist to avoid use of this textbook even though by so doing he deprives himself of a wealth of information and a source of inspiration. Patent Service is designed to make patent literature available in attractive, useful form. As we visualize its functions, Patent Service also arranges for the conversion of inventions into patent applications, guards the industrial progress from patent infringement, assists management in the negotiation and administration of licenses or other patent agreements, and in general acts in a liaison capacity between the technical staff and the legal staff. For the immediate purposes of this paper, the discussion will be confined to patent library aspects and particularly to one method which offers promise in view of our experience. The personnel of Patent Service is technically trained, preferably in a variety of fields to suit the industry or research organization it is intended to serve. An organicchemist, aphysical chemist, chemical and mechanical engineers, to mention a few, are withdrawn from actual-research work and charged with the responsibility of collecting, correlating, and analyzing the patent literature. Generally of research caliber, these
chemists adopt a research approach toward patents. They are familiar with the needs of the research chemist and relieve him of the necessity of stopping his research activity to search the art. With them, patents come first rather than last, are studied eagerly rather than reluctantly, and they enthusiastically watch the development of the art. The Patent Service constitutes a unit cloiely cooperative with, but distinct from, the chemical research units. It cuts across all lines of research and can in many instances integrate the activities of two or more units. A Patent Service member is assigned to a certain field or research section and draws literature pertinent to his assignment from the patent art of the world. Thus, for example, he will read the patent gazettes and journals, ordering copies of those patents he believes will be of current or future interest to him. His experience in the field and his close association with the research chemists enable him to recognize the pertinent art. Once assembled, the art is available in classified form for technical study by the research chemist or for novelty, infringement, or anticipation study by the Patent Service man a t a later date. The first task of the Patent Service man, if be is not drawn from an existing Research unit, is to acquaint himself thoroughly with the going industrial process in the field of his assignment. This may be accomplished by spending adequate time in the plant watching operations, or even participating in the operations if a student operator course is available, as is frequently the case. A study of the research activities in progress will bring him up to date and acquaint him with current interests of the research units he is to serve. With this background he is really ready to begin as a Patent Service man. The next task is the organization of an indexing system for the patent literature which he will assemble. In our experience this can best be based on the flow of process steps in the plant. To illustrate, let us consider the viscose rayon industry, starting with cellulose which constitutes the essential raw material. A series of major captions or subject classes is set up to cover sources of cellulose, preparation of cellulose, preparation of alkali cellulose, xanthation, and preparation of viscose. Minor captions are selected to cover subclasses of each of these subjects, usually depending on specific operations. Thus, for example, under the major caption for preparation of alkali cellulose the minor captions would include: steeping caustic, its preparation and recovery; pressing methods and equipment; alkali cellulose shredding; aging; and the necessary equipment for these operations. In this way a complete subject index of operations can be arranged, up through the completed viscose manufacture. Similarly, major and minor captions can be selected to cover the various operational steps for conversion of viscose into rayon yarn, for the finishing of the yarn including the numerous after-treatments such as washing, bleaching, sizing, twisting, winding, and packaging.
If desired, even the fabrication and the uses of the fabrics may be similarly classified. The major captions will afford a ready means for locating in the list the numerous minor captions which are specific. As the system grows, more minor captions may be inserted to care for new steps or for the more specific classification of items which have been temporarily classified under the major caption. The indexing system having been established, the Patent Service man is ready to select and abstract the patents in the art. Assuming that we have a going organization with several Patent Service members, the current patent gazettes or journals are routed to a primary reader who undertakes to ordercopiesof patentsof interest to the entire group, designating a t that time the Patent Service member most likely to be interested. The patents so selected are ordered immediately, and the gazette is then routed to the remaining Patent Service members. In this way the obviously interesting patents are ordered without delay, and the secondary readers serve to check for patents in which the interest is new or specialized, while a t thesame time inadvertent omissions may be avoided. When the patents are received they are routed according to the designations noted in the gazette a t the time of ordering, whereupon they are read and abstracted. The abstract is made from the disclosure of the patent rather than the claims, although obviously the new subject matter on which the claims are based is noted and an attempt is made to earmark the novelty over the prior art. The abstractor reads also between the lmes and integrates the new patent with the prior art. When the abstract is complete one or more captions are selected, using the minor captions which fit best, and a major caption only if there is no appropriate minor caption or the subject matter seems to warrant broader consideration. In some cases the abstractor will route the patent to one or more of the other Patent Service members because disclosures may be pertinent to his field, in which case he may wish to add captions or modify the abstract. We have also found i t desirable to clear all abstracted patents through one member, either the Director or Assistant Director, so that he can be generally familiar with the nature of current patent art and in general correlate the art with new interests which are constantly arising. The patent is then ready for carding. In some instances an especially interesting patent which deserves special consideration is noted in the gazette. Such a patent is designated for "Special Handling," is ordered perhaps by wire, is abstracted immediately upon receipt, and then sent to the research or management group most affected. In other cases a patent, ordered in routine fashion, will appear, upon abstracting, to be particularly pertinent to the work of a certain research chemist. I n such a case, after the abstract has been carded the patent is sent to the chemist, without waiting for him to order i t through the Patent Bulletin, with a special note indicating why it is sent. Obviously many other instances will arise af-
fording oppportunity for close cooperation between Patent Service and the research chemists. For carding we have found that a good grade of ordinary letterhead paper is most useful. Cut to 5" X 8" card size, i t is serviceable but lighter and more compact than regular filing card stock would be. Cards are prepared simultaneonsly for several files, using different colors for each file, which include a subject file, a serial number file, and an inventor-assignee file. Each card will show, in addition to the abstract, all captions selected, the patent number, the inventor's name or names, the assignee, and any remarks the abstractor may wish, such as designating that a translation or a file history is available. A separate card is made for each caption and for each inventor and assignee. When filed, these cards provide ready access to the patent, and the patent is related to others of similar character by means of the subject captions. When the captions are selected by the abstractor, if there is more than one, the most pertinent is marked with a suitable symbol and that caption is used in assembling the Patent Bulletin. The latter is published monthly and contains abstracts of all interesting patents collected during the month. The complete abstracts and the identifying data are listed, assembled in the order of process steps, etc., according to the original caption list discussed above. The Patent Bulletin is sent to all research groups and management groups, as well as to any others interested. It constitutes a compilation of current abstracts which can be filed as such or clipped to build a file to suit the needs of each man receiving it. It also serves as an index of newly acquired patents from which the research man may order. When the Patent Bulletin is issued, copies of all patents listed are set aside for a period-conveniently a month-for loan to the research people if ordered from the Bulletin. Ultimately, however, the patents are filed in books according to the subject captious indicated on the abstract card, a separate copy being provided for each book to avoid cross indexing and to facilitate the use of the books of patents. The system provides two means for locating patents according to subject. The subject cards may be examined or the patents themselves may be used in handy book collections of related art. The latter are particularly useful when searches are made for pictures of apparatus, or if a research chemist wishes to see what the art discloses in a given field. The generous use of captions will spot copies in different books so that they will frequently serve a diversity of interests. Thus far, we have discussed the assembly of a patent library in a form which is readily accessible and keyed into the operations of a manufacturing unit. The research chemist has been spared the task of culling the worth-while portions from the vast amount of patent literature, and the job has been done by a staff familiar with the peculiarities of patent literature. Beyond this, Patent Service may use the library as a valuable. adjunct to research. As a research organization itself, Patent Service is
prepared to contribute. For example, suppose that a research project is contemplated to develop an improved spinning bath for viscose rayon yarn. The Patent Service collection of patents on spinning baths may be examined by the Patent Service man assigned to the field. The spinning baths known to the art may be classified and the results tabulated. The field available for further modification is clearly indicated and the expired art designates a field in which there can be no patent obstacles. Certain phases of the project may be rejected and others retained in the fields available. Close prior art can be reworked and the problem solved or a solution indicated. If an already patented modification does the work, negotiations for license may be less expensive and more fruitful than an extended research, and the time of the research man may be saved for other projects. In any event, a course can be charted with full appreciation of patent art, whiie probable infringements can be anticipated and either avoided or reconciled while the project is yet young. Patent Service may also provide valuable surveys of the work of others in the field. By careful study of all patents of a certain class an insight into the trend of improvement may be obtained. A series of patents in a given field may contain a common thread which, when unraveled, will reveal a pattern into which many patents will fit, thereby explaining the nature of the results obtained by others. I t is only by a study of all patents, side by side, however, that this information can be discovered. The Patent Service man is best equipped to do this kind of work because his familiarity with patent specifications and his ability to read between the lines enable h i to discard those patents which are incidental or even deceptive in value, while he retains those which are really pertinent. Such a survey may even enable him to predict new products in time to forearm his own research group. The task of the research chemist is not complete until adequate steps have been taken to insure enjoyment of the fruits of his research. Patent Service is admirably suited for this part of the task. Given the research data, the reasons for its development, and the advantages of using it, the Patent Service man is able to snbtract the prior art and build with the remainder a structure which can serve as the framework for one or more patent applications to protect the research. Because he is essentially a technically trained worker who is enthusiastic about patents, he is in a position to utilize research tactics in the patent field with greater ease than the research chemist who reserves patents for a rainy day and hopes for fair weather. The last mentioned is an activity of Patent Service foreign to library techniques but highly intriguing. It is a source of great satisfaction to both research chemists and Patent Service personnel to find that references cited by the Patent Office Examiner during prosecution of applications are familiar ones, for which suitable arguments have already been prepared as the result of the technique of Patent Service in creating and maintaining its patent library.
