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Patentability Searching 102: Take a Dip in the Bool(ean operators)

Posted by Mike Bakke | Jun 15, 2023 | 0 Comments

Using our first post related to patentability searches, one now knows where to search and some of the words they will use in their search. However, simply searching a few words next to each other can often lead to many results which may not be relevant. To have a robust search with relevant results, searchers will input into their chosen search engine(s) a “search string” that contains words from their word ladder interconnected with terms known as “Boolean operators.”

As a reminder, here are the basic steps for conducting a patentability search. The previous article covered Steps 1 and 2, and this article will discuss Steps 3 and 4.

Step 1: Coin the Terms (Patentability Searching 101)

Step 2: Choose the Search Engine (Patentability Searching 101)

Step 3: Using Boolean Operators (Patentability Searching 102)

Step 4: Craft the Search String (Patentability Searching 102)

Step 5: Run the Search (Patentability Searching 103)

Step 6: Find Non-Patent Literature (Patentability Searching 103)

Step 3: Using Boolean Operators

Boolean operators can aptly be described as a searcher's best friend. They are the words or symbols added between the descriptive words created in Step 1 when forming the word ladder. A searcher can use Boolean operators to connect the words or expand the usage of some words when creating the search string. A searcher should understand that while most search engines use similar Boolean operators, they are not always the same or may be used slightly differently. As the layperson will likely use the most accessible search engine, the Boolean operators for Google Patents will be explained here.

  1. AND:

AND is used between two words in a search string to return search results that include both words.

  • Fry AND turkey
  • Fry AND turkey AND oil
  1. NOT:

NOT is used before a word in a search string to return search results that do not include that word.

  • NOT air
  • Fry NOT bake
  1. OR:

OR is used between two words in a search string to return results with either and/or both words.

  • Turkey OR chicken
  • Turkey OR bird OR fowl
  1. WITH:

WITH is used between two words in a search string to return search results where the words appear within 20 words of one another.

  • Turkey WITH frier
  • Deep WITH frier
  1. ADJ:

ADJ is used between two words in a search string to return search results where the words are within 2-3 words of each other (i.e., adjacent to one another) in the order you put them in the search string.

  • Deep ADJ frier is different from frier ADJ deep
  • Hot ADJ oil is different from oil ADJ hot
  1. NEAR:

NEAR is used between two words in a search string to return search results where both words are within 2-3 words of each other in any order.

  • Fried NEAR turkey is the same as turkey NEAR fried
  • Hot NEAR oil is the same as oil NEAR hot
  1. SAME:

SAME is used between two words in a search string to return results where both words are within 200 words of each other in any order.

  • Bird SAME fry
  • Fowl SAME oil
  1. ~:

A ~ is used before a word in a search string to return search results with that word and/or a synonym of that word.

  • ~turkey would likely return results with turkey, bird, fowl, etc.
  • ~oil would likely return results with oil, grease, fat, etc.
  1. * or $ Wildcards:

An * or $ are used before or after a word in a search string, sometimes replacing letters in the word, to return search results with the characters in the word in that order, as well as any number of characters, including zero, at the end of the word that the wildcard is placed until there is a space. While this can be useful, a searcher should understand that using wildcards can return unintended results.

  • Turk* or turk$ would return results with turkey and/or turkeys but would also return results with Turkish and/or Turkmenistan
  • *cken or $cken would return results with chicken and/or turducken but would also return results with stricken and/or quicken
  1. ? Wildcard:

A ? is used before or after a word in a search string, sometimes replacing letters in a word, to return search results with the characters in the word in that order and exactly one character at the end of the word that the ? is placed. Again, it is possible that using a wildcard can return unintended results.

  • Oil? would return results with oils or oily, but not results with additional characters, like oiled
  • ?oil would return results with boil but would also return results with soil and/or toil

Step 4: Craft the Search String

The fourth step in conducting a patentability search is to create the complete search string that will be put into the chosen search engine(s). Crafting the search string is one of the most critical steps in the search because it determines what a search will find. A searcher's goal is to create a search string that is not too broad or too narrow and to find that sweet spot that gives them relevant results without too many irrelevant extras that do not add anything meaningful to their search. Finding a needle in a haystack is much easier if you have many needles and a small haystack.

A searcher wants to avoid crafting a search string that is too broad because, while they would get many results, it is more likely that several of them will not be helpful to the searcher. On the other hand, they also do not want to craft a search that is too narrow because, while they will likely get many relevant results, they are also more likely to miss relevant results that would be included in a broader search. Keeping these ideas in mind, below is one example search string that might be used to search for references related to deep frying a turkey.

(“Turkey” OR “chicken” OR ~“poultry” OR ~“fowl”) AND “fry*” AND “oil”

By breaking this search string down, one can understand what the results would likely consist of. By using (“Turkey” OR “chicken” OR ~“poultry” OR ~“fowl”) in the search string, the results would include references that include the words turkey, chicken, a synonym of poultry, and/or a synonym of fowl. Adding onto this with AND “fry*” limits those initial results to only references that include a word that begins with the letters F-R-Y. Finally, adding AND “oil” limits those narrowed results to only references with the word oil. It should be understood that, while F-R-Y* was used for example purposes, a full search would also include F-R-I-E* to cover both acceptable spellings of frier/fryer.

How Gallium Law Can Help

We know that searching through millions of patent applications, both in the United States and worldwide, can be confusing, especially if you have little experience, and that is why we are here to help. At Gallium Law, our IP professionals regularly handle all types of patent searches and can help you with everything from the first steps of a search to what to do with the information we find. We even have a few tricks to find additional references another searcher might miss. You may be a business or an individual; in either case, you deserve to know what IP is available to you, what you are up against, and to have someone by your side. Contact us today by filling out this online form or contacting us at 651-256-9480 to schedule a Free and Confidential Consultation.

*The information provided in this article is not legal advice and should not be relied on as such. This article is meant for informational purposes only and is intended as a starting point in your search for answers to your legal questions.

About the Author

Mike Bakke

Mike Bakke is a Registered Patent Agent at Gallium Law. Mike previously completed projects for Gallium Law as an independent contractor before being hired onto the team in 2023. While in graduate school, as well as during his time as an independent contractor, he also worked as a contractor at Sh...

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