Monday, February 13, 2023

Patents of Love: Valentine's Day Post

Since tomorrow will be Valentine's Day (Feb. 14th, case you've forgotten), let's look at some Valentine's-themed patents. 

While searching for material, I found most patented inventions that directly mention or concern Valentine's Day are very boring--such as greeting card holders, or yet another heart-shaped candy container. Both of those concepts are just too common and over-used. Readers of this blog deserve more.

And, unfortunately, the inventor of the machine that first manufactured Sweethearts candy (those horrible chalky hearts inscribed with things like "BE MINE"; unimaginable quantities must be tossed out annually) did not ever seek a patent. Or, my search strategies were insufficient to find them. Given the failure to mention one in the brief history on their official webpage, I suspect it was not patented.

Gif showing two alien monsters, one says the candies are chalky and unpleasant.
The aliens from Futurama are right

Again, there is unfortunately no patent for the Hershey Kisses® machine, according to my search results. Mr. Milton Hershey did obtain other patents, including one for a candy cutting machine in 1895.

You know what patents mention Valentine, Valentine's Day, or sweetheart a LOT? 

Plants. 

This is not terribly surprising--flowers are a common gift on Valentine's Day and on other occasions between lovers; particularly roses. Since plant patents are both interesting and attractive, here are a few notable examples of sweetheart and Valentine plants. Credit to University of Maryland Libraries' Plant Patent Image Database for all plant pictures. 

  1. Viola plant named 'Sweetheart'. Invented by Robert Chapman. 
    Viola plant named Sweetheart, PP28,353
    PP28,353

  2. Miniature rose plant named 'My Valentine'. Invented by R.S. Moore.
    Miniature rose plant named My Valentine, PP3,935
    PP3,935

  3. Day lily plant named 'When My Sweetheart Returns'. Invented by Darrell A. Apps, assigned to Centerton Nursery, Inc.
    Day lily plant named When My Sweetheart Returns, PP13,480
    PP13,480

  4. Anthurium plant named 'Valentine'. Invented by Marian Wincenty Osiecki, assigned to Oglesby Plants International, Inc.
    Anthurium plant named Valentine, PP13,284
    PP13,284

  5. Hibiscus plant named 'My Valentine'. Invented by Kevin A. Hurd, assigned to Walters Gardens Inc.
    Hibiscus plant named My Valentine, PP24,108
    PP24,108


Thursday, February 2, 2023

My AI Replacement: Coming Soon?

Given the massive amount of attention OpenAI’s new chatbot, ChatGPT, has received (especially as a harbinger of the imminent AI takeover), I thought I'd test its performance as a PTRC representative. So, I spent a recent rainy afternoon formulating questions and interrogating ChatGPT's abilities. I was relieved to find my immediate replacement is not likely, but I should still watch my back.

ChatGPT generated fairly accurate, if brief, instructions on how to search for patents on Espacenet, with or without a given topic. 

Image of ChatGPT's instructions for searching Espacenet
Basic steps for searching with Espacenet

However, it has not yet learned about the USPTO’s Patent Public Search. When I asked for Patent Public Search Advanced instructions, I was directed to the WIPO. Though the instructions seemed fine, PATENTSCOPE and Patent Public Search were both misidentified.

ChatGPT text instructions for searching WIPO's database
Instructions for WIPO, not USPTO

I rephrased the question to stipulate a USPTO search tool, and was extremely reassured to find ChatGPT still thought PatFT and AppFT were available. I have a year's advancement beyond the AI. Of course, I took a moment to provide feedback and inform OpenAI that the answer was incorrect.

Image of text from ChatGPT instruction on how to use the wrong USPTO tools for a patent search
Wrong tools, right agency

ChatGPT is completely incapable of performing a patent search. When I requested both general and more specific patent searches, it responded with an unequivocal “No!” (if in more polite terms). Even when asked to find basic information on granted patents or patent data, like how many patents were issued to Rice University in 2022 (17), it could not answer.

Text from ChatGPT that explains it cannot perform a patent search
CharGPT cannot provide patent data

I followed up with an easier search, asking for the grocery store nearest to Rice University, which caused several errors. Later, it managed to locate a Randalls—with the exact same address as Rice.

This is gratifying. I’ve been telling people for years that the searching abilities of librarians are irreplaceable, and AI has a very long way to go before it can try.

Following that, I changed topics, and asked general and specific questions about trademarks. I was surprised when ChatGPT immediately provided instructions for obtaining a trademark in Togo, the smallest country that first came to mind. Other basic questions, such as “Does Rice University have trademarks?” were also easily answered.

Text from ChatGPT's istructions for applying for a trademark in Togo
How to obtain a trademark in Togo

Questions about specific entities, trademarks, searching, or data were not possible. ChatGPT could not tell me what Rice’s first trademark was, or how many trademarks Rice University’s athletics department has. I anticipated as much from roughly similar types of patent queries.

Text from interactions with ChatGPT showing that it is unable to perform a trademark search or provide trademark data
ChatGPT is also uncertain about trademark data

Lawyers may be in bigger trouble than librarians. ChatGPT generated two fairly plausible examples of a patent content, one using its own example and one using mine. They were incomplete, and included substantial warnings about relying on an AI and the advisability of seeking legal counsel, but still composed some sections. I imagine an inventor could input enough information about a real innovation and receive a fairly helpful set of claims or descriptions.

ChatGPT's sample patent document, using its own example
The first part of an example patent document

ChatGPT's warning about seeking legal help for patent applications
Warning provided for all patent document examples

Next I asked for trademark applications, first with no information beyond brand name, and then with additional details like product and business location. The more details provided, the better the application--to an extent. The content was very generic and left many blank spaces to be filled, but it managed to correctly classify the product (athletic shoes, 25).

ChatGPT's example trademark application with less information provided
Example trademark application with less information

ChatGPT's example trademark application with more information provided
Example trademark application with more information

ChatGPT noticeably didn’t make any distinctions in application content for any IP office, and definitely did not consider type of mark or mark specifications. Again, similar to patents, it produced something that could guide a person struggling to write a trademark application.

I’ll keep an eye on it, though, and let everyone know when I’m being replaced by an online, open-source AI chatbot.