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Classification Metadata?

Added by Dominic DeMarco , last edited by Dominic DeMarco on Feb 08, 2011 14:25

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Do any of the database vendors or patenting bodies provide classification metadata?  By this I mean, is there a record of patent classification (US, ECLA, IPC, Other) on a given date, particularly a date in the past?

My situation is this...

A full, manual search of a subclass was performed on a given date.  Today, this subclass does not exist but I would like to identify the exact art which was manually reviewed during the prior search.

Hypothetical: The Class/Subclass in question is US Class 705, Subclass 1 and it was searched in January of 2010.  Since then, it has been abolished and the art reclassified into dozens of existing and new subclasses.  Using the USPTO systems, I can search by original classification and current classification, but there appears no way to search for an intermediate step between those two extremes.

I've sent my query to Steve and Terry from the USPTO who presented at the 2010 Annual Meeting and if they have a solution, I will post it.

Edit (2/8/2011): Terry at the USPTO says they have the means to recreate any subclass on any given date should they need to.

Thanks,

Dominic

P.S. This problem could be avoided if we saved the patent or record numbers for what was reviewed.  Unfortunately, for space saving purposes, we often only record the strategy and total number of patents or records returned.




  1. Jan 11, 2011

    Dominic,

    There are at least two possible approaches to this:

    a) if the revision of the class in question is the first and only one since the original search date, you can use a source like STN's US full text file, which stores both the original class and the current class.  But as you have observed, this loses any intermediate steps, so,

    b) it sounds like a case for tracking through the Classification Orders to see whether there have been any Orders issued since the date of the earlier search, which impacted upon the class(es) which were used in that search.  If you can identify the Orders concerned, these will tell you where the patents were re-classified to under that change.  Then you need to repeat the process to see if any of the classes created by the first Order have themselves been the subject of any later Orders, resulting in further distribution of the prior art. Keep repeating the process until you either have a headache or reach the current class structure.

    Seriously, this illustrates why I have been pressing for ages that all the classification schemes should maintain a complete audit trail in order to roll back the identify of current marks to what they would have been on a specific point in the past.  The IPC is some help with the revision concordance lists, but these are not so easy to track since the 2006 reform.  ECLA has no history of past class structure, and neither I suspect does FI.  It came out in conversation that the Canadian Patent Office may be one of the few offices which is maintaining a full back-file of all the IPC classifications appended to any given document since publication, but it was not clear whether they would be prepared to offer this as a service to outside parties.

    Hope this helps

    Stephen

    1. Jan 13, 2011

      So: is the "orig or current" field choice for US classification just a translator app that provides cross references to known past classification changes?

  2. Jan 13, 2011

    Dominic,

    Contact Varona Stevens in the Editorial Division. SIRA-DCD Varona.Stevens@uspto.gov. regarding the Classification Order Archival Report (Abolished and Established Classes and Subclasses for Classification Orders 1 through 1895). Alternatively, Office of Patent Classification Divisions, Data Control Division may be able to provide a better suggestion.

    It seems that a search of the Classification "Numeric Class" for the year and "Order No.", comparing the result with the Classification Order Archival Report, then a crosscheck with the Reclassification Alert Report would provide the detail you might need.  At the least, it might narrow the date range of any classification changes to a two month time frame.

    http://www.uspto.gov/patents/resources/classification/Classification_Conatact_Numbers.jsp

    Best of luck, Sherri Voebel

  3. Jan 27, 2011

    Thank you to the responders (both here and through direct communications).

    Unfortunately it is apparent that nobody (except perhaps Canada) has taken it upon themselves to differentiate their classification data from their peers... (Hint, hint.)

    I've survived my situation, but I would ask someone to please create a way to easily avoid the following specific situation which I encountered because it will happen again with the pace of reclassification occurring in the various patent offices and potential merging of the US and European systems in the future:

    1)  I was performing a US Freedom to Operate (FTO) search on a method for electrically testing chemicals while they are in a container.  I manually reviewed the claims of all 3000+ US patents and applications in US Class 422, Subclass 102 (Link) on January 10, 2011.

    2)  On January 11, 2011 this subclass was abolished by the USPTO and the 3000+ references previously reviewed are now intermingled with the additional 7000+ references from Subclasses 99, 101, 103, and 104 as detailed in the Classification Order (Link) of November 2, 2010.

    3) I now have no way of identifying the references previously reviewed...

    *** This subclass abolishment and the new classification scheme had not propagated through all the different vendor databases and thus, I was able to identify the reference numbers.  But if the time gap between the initial searching and later searching was larger, this method would not have been available.

    1. Jan 31, 2011

      Dominic,

      I'm sorry that I'm joining late to this discussion. Anyway, in case you have similar problems in the future, I wanted to let you know that Fairview/IFI's patent repository, named Alexandria, stores original and current class codes as well as intermediate changes. We flag abolished classes or subclasses as "deleted" at the record level, and we keep them. So we can retrieve documents that had a specific class or subclass at any time.

      Rosa

      rosa.alentorn@fairviewresearch.com

      1. Feb 01, 2011

        Rosa,

        Re: "We flag abolished classes or subclasses as 'deleted' at the record level, and we keep them. So we can retrieve documents that had a specific class or subclass at any time."

        Wow, that is fantastic.  Please keep recording that data.  If Stephen and I have our way, the Patent Offices will come knocking on your door someday looking to recapture this information!

        Since I know you share some of your value-added information with various vendors, is there any plan to share this data as well?

        Dominic

        1. Feb 01, 2011

          Dominic,

          Needless to say that we plan to keep recording that data, we know the value of this information when you have to repeat a search you did in the past.
          You are right, IFI Claims Patent databases are available though various patent vendors and our Alexandria patent data warehouse is available to subscribers through the Amazon cloud. Unfortunately none of these products are currently including change history nor "deleted" class codes, but we will evaluate to add this in future releases. Meanwhile we'd be happy to help anyone interested in that data either as a data feed or as custom search service.

          Rosa (rosa.alentorn@fairviewresearch.com)

    2. Feb 01, 2011

      Dominic,

      For a FTO, am I correct in assuming you that you single out for searching one or more (US) classes, and rely on their completeness and being without any error?

      1. Feb 01, 2011

        Frank,

        Re: "For a FTO, am I correct in assuming you that you single out for searching one or more (US) classes, rely on their completeness and being without any error?"

        If the year was 1981, I would say yes.

        Since it is now 2011, we both know the answer is no.  Classification based searching is still important, but it is now just one of the many strategies a searcher must use to identify relevant art (and more importantly, to avoid missing relevant art).

        I have strong views (to put it mildly) on how this should be done when actually performing a search.  Feel free to send me an email (demarco at demarcoip.com) for the long-winded reply!

        Dominic