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Searching the patent literature for flavor and fragrance materials

Contact Author Arthur L. Liberman, Esq
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There are a number of good reasons to search the patent literature to supplement a ‘standard’ technical Iibrary literature search. Much of what is contained in the patent literature is not indexed in such publications as Chemical Abstracts, Medical Abstracts, and The Applied Science and Technology Index. For example, particular compounds covered as a broad genus but not covered specifically usuaIIy are not found as specific entries in the various abstracts. The indexing of utilities of chemical compounds, such as food flavor use or perfumery use, also is usually more difficult than the indexing of the chemical compounds themselves. Furthermore, much of the subject matter to be found in the patent literature published prior to the turn of the century does not appear in any of the various technical abstracts. This is particularly true of the uses of chemical compounds and mixtures of chemical compounds or essentiaI oiIs, which are the subjects of this article.

Only by actually studying a particular patent as it has been issued or published for opposition in a particular nation can it be determined that either (a) the patent in the given nation is being infringed under the patent statutes of that particular nation, or (b) the patent’s cIaims or specification create(s) a circumstance for concluding that the patent is invalid or for concluding that the patent can be made the subject of a successful nullity proceeding or of a successful opposition proceeding.

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