Patent claim scope evaluator

• US 10,579,662 B2
• Filed: 08/30/2017
• Issued: 03/03/2020
• Est. Priority Date: 04/23/2013
• Status: Active Grant

• Current Assignee: Black Hills IP Holdings, LLC
• Original Assignee: Black Hills IP Holdings, LLC
• Inventors: Lundberg, Steven W., Svensson, Lars Olof Hugo
• Primary Examiner(s): Pham, Hung Q
• Application Number:
  US15/691,642
• Publication Number:
  US 20180060425A1
• Time in Patent Office: 916 Days
• CPC Class Codes: G06F 16/35 Clustering; Classification

Abstract

Systems and methods for calculating a patent claim scope rating are disclosed. In an example embodiment, a method of calculating a patent claim scope rating includes identifying patent references cited in examination of a subject patent and storing the identified patent references as an applied art list, identifying first backward references for the patent references in the applied art list and storing the first backward references as a first backward list, identifying second backward references for the first backward references in the first backward list and storing the second backward references as a second backward list, identifying forward references for the patent references in the applied art list and storing the forward references as a forward list. A patent claim scope rating is based on a calculation including at least a partial combination listing of the applied art list, the first and second backward lists, and the forward list.

Claims

1. A method of calculating a patent claim scope rating, the method including:

receiving from a graphical user interface displayed on a user terminal over a network, a first input containing information about a subject patent;

receiving from the graphical user interface over the network, a second input including disclosure selection criteria;

formulating, using at least one processor, a search query using the first input and the second input;

receiving a search result in response to formulating the search query, the search result including one or more reference documents;

extracting a set of references from the one or more reference documents included in the search result, the set of references including;

patent references cited in examination of the subject patent;

non-patent references cited in examination of the subject patent;

first backward references for the patent references cited in examination of the subject patent;

second backward references for the first backward references; and

forward references for the patent references cited in examination of the subject patent;

calculating a first patent scope sub-rating based on a calculation using the number of references between the subject patent and a patent with the earliest priority date from a set of prior patent references, the set of prior patent references including the patent references, the first backward references, and the second backward references;

calculating a second patent score sub-rating based on a calculation using the ratio of the patent references to the non-patent references;

calculating a third patent scope sub-rating using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent falling within a predetermined time range of the patent disclosure with the earliest priority date;

calculating a fourth patent scope sub-rating using a content correlation between the subject patent and a set of patent disclosures in an art context of the subject patent filed prior to the subject patent, wherein the content correlation is calculated using natural language processing;

calculating a patent claim scope rating for the subject patent based on a calculation using the first patent scope sub-rating, the second patent scope sub-rating, the third patent scope sub-rating, and the fourth patent scope sub-rating;

generating, for output on the graphical user interface, a patent claim scope report including the patent claim scope rating; and

transmitting, to the graphical user interface displayed on the user terminal over the network, the patent claim scope rating report.

2. The method of claim 1, further comprising:

calculating a fifth patent scope sub-rating using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent; and

wherein calculating the patent claim scope rating includes using the fifth patent scope sub-rating.

3. The method of claim 1, further comprising:

calculating a fifth patent scope sub-rating based on a calculation using a time passed between a priority date of an oldest reference included in a set of prior patent references and a priority data of the subject patent, the set of prior patent references including the patent references, the first backward references, and the second backward references; and

wherein calculating the patent claim scope rating includes using the fifth patent scope sub-rating.

4. The method of claim 1, further comprising:

calculating a fifth patent scope sub-rating based on a calculation using a number of references included in the set of prior patent references; and

wherein calculating the patent claim scope rating includes using the fifth patent scope sub-rating.

5. The method of claim 1, further comprising:

calculating a fifth patent scope sub-using a subclass of the subject patent and a subclass of members of the set of prior patent references; and

wherein calculating the patent claim scope rating includes using the fifth patent scope sub-rating.

6. The method of claim 1, further comprising:

calculating a fifth patent scope sub-rating based on a calculation using a keyword overlap between a target technology of the subject patent and a set of technology area references, the set of technology area references including the set of prior patent references and the forward references; and

wherein calculating the patent claim scope rating includes using the fifth patent scope sub-rating.

7. The method of claim 1, further comprising:

calculating a fifth patent scope sub-rating using one or more reference relationships between members of the set of prior patent references; and

wherein calculating the patent claim scope rating includes using the fifth patent scope sub-rating.

8. A system to calculate a patent claim scope rating, the system comprising:

at least one processor; and

a memory including instructions that, when executed by the at least one processor, cause the at least one processor to perform operations to;

receive from a graphical user interface displayed on a user terminal over a network, a first input containing information about a subject patent;

receive from the graphical user interface over the network, a second input including disclosure selection criteria;

formulate, using at least one processor, a search query using the first input and the second input;

receive a search result in response to formulating the search query, the search result including one or more reference documents;

extract a set of references from the one or more reference documents included in the search result, the set of references including;

patent references cited in examination of the subject patent;

non-patent references cited in examination of the subject patent;

first backward references for the patent references cited in examination of the subject patent;

second backward references for the first backward references; and

forward references for the patent references cited in examination of the subject patent;

calculate a first patent scope sub-rating based on a calculation using the number of references between the subject patent and a patent with the earliest priority date from a set of prior patent references, the set of prior patent references including the patent references, the first backward references, and the second backward references;

calculate a second patent score sub-rating based on a calculation using the ratio of the patent references to the non-patent references;

calculate a third patent scope sub-rating using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent falling within a predetermined time range of the patent disclosure with the earliest priority date;

calculate a fourth patent scope sub-rating using a content correlation between the subject patent and a set of patent disclosures in an art context of the subject patent filed prior to the subject patent, wherein the content correlation is calculated using natural language processing;

calculate a patent claim scope rating for the subject patent based on a calculation using the first patent scope sub-rating, the second patent scope sub-rating, the third patent scope sub-rating, and the fourth patent scope sub-rating;

generate, for output on the graphical user interface, a patent claim scope report including the patent claim scope rating; and

transmit, to the graphical user interface displayed on the user terminal over the network, the patent claim scope rating report.

9. The system of claim 8, further comprising operations to:

calculate a fifth patent scope sub-rating using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent; and

wherein the operations to calculate the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

10. The system of claim 8, further comprising operations to:

calculate a fifth patent scope sub-rating based on a calculation using a time passed between a priority date of an oldest reference included in a set of prior patent references and a priority data of the subject patent, the set of prior patent references including the patent references, the first backward references, and the second backward references; and

wherein the operations to calculate the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

11. The system of claim 8, further comprising operations to:

calculate a fifth patent scope sub-rating based on a calculation using a number of references included in the set of prior patent references; and

wherein the operations to calculate the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

12. The system of claim 8, further comprising operations to:

calculate a fifth patent scope sub-using a subclass of the subject patent and a subclass of members of the set of prior patent references; and

wherein the operations to calculate the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

13. The system of claim 8, further comprising operations to:

calculate a fifth patent scope sub-rating based on a calculation using a keyword overlap between a target technology of the subject patent and a set of technology area references, the set of technology area references including the set of prior patent references and the forward references; and

wherein the operations to calculate the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

14. The system of claim 8, further comprising operations to:

calculate a fifth patent scope sub-rating using one or more reference relationships between members of the set of prior patent references; and

wherein the operations to calculate the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

15. A non-transitory machine readable medium, including instructions, which when performed by a machine, cause the machine to perform operations comprising

receiving from a graphical user interface displayed on a user terminal over a network, a first input containing information about a subject patent;

receiving from the graphical user interface over the network, a second input including disclosure selection criteria;

formulating, using at least one processor, a search query using the first input and the second input;

receiving a search result in response to formulating the search query, the search result including one or more reference documents;

extracting a set of references from the one or more reference documents included in the search result, the set of references including;

patent references cited in examination of the subject patent;

non-patent references cited in examination of the subject patent;

first backward references for the patent references cited in examination of the subject patent;

second backward references for the first backward references; and

forward references for the patent references cited in examination of the subject patent;

calculating a first patent scope sub-rating based on a calculation using the number of references between the subject patent and a patent with the earliest priority date from a set of prior patent references, the set of prior patent references including the patent references, the first backward references, and the second backward references;

calculating a second patent score sub-rating based on a calculation using the ratio of the patent references to the non-patent references;

calculating a third patent scope sub-rating using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent falling within a predetermined time range of the patent disclosure with the earliest priority date;

calculating a fourth patent scope sub-rating using a content correlation between the subject patent and a set of patent disclosures in an art context of the subject patent filed prior to the subject patent, wherein the content correlation is calculated using natural language processing;

calculating a patent claim scope rating for the subject patent based on a calculation using the first patent scope sub-rating, the second patent scope sub-rating, the third patent scope sub-rating, and the fourth patent scope sub-rating;

generating, for output on the graphical user interface, a patent claim scope report including the patent claim scope rating; and

transmitting, to the graphical user interface displayed on the user terminal over the network, the patent claim scope rating report.

16. The medium of claim 15, the operations further comprising:

calculating a fifth patent scope sub-rating using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent; and

wherein the operations for calculating the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

17. The medium of claim 15, the operations further comprising:

calculating a fifth patent scope sub-rating based on a calculation using a time passed between a priority date of an oldest reference included in a set of prior patent references and a priority data of the subject patent, the set of prior patent references including the patent references, the first backward references, and the second backward references; and

wherein the operations for calculating the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

18. The medium of claim 15, the operations further comprising:

calculating a fifth patent scope sub-rating based on a calculation using a number of references included in the set of prior patent references; and

wherein the operations for calculating the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

19. The medium of claim 15, the operations further comprising:

calculating a fifth patent scope sub-using a subclass of the subject patent and a subclass of members of the set of prior patent references; and

wherein the operations for calculating the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.

20. The medium of claim 15, the operations further comprising:

calculating a fifth patent scope sub-rating based on a calculation using a keyword overlap between a target technology of the subject patent and a set of technology area references, the set of technology area references including the set of prior patent references and the forward references; and

wherein the operations for calculating the patent claim scope rating includes using the fifth patent scope sub-rating in the calculation.