Apparatus and method for identifying and/or for analyzing potential patent infringement

• US 20040078192A1
• Filed: 02/14/2003
• Published: 04/22/2004
• Est. Priority Date: 10/17/2002
• Status: Active Grant

• Current Assignee: General Patent Corporation
• Original Assignee: Alexander Poltorak
• Inventors: Poltorak, Alexander I.
• Granted Patent: US 7,296,015 B2
• Time in Patent Office: Days
• US Class Current: 704/9
• CPC Class Codes: G06F 40/216 using statistical methods
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: Y10S 707/932 Infringement detection
• CPC Class Codes: Y10S 707/944 Business related
• CPC Class Codes: Y10S 707/99935 Query augmenting and refining, e.g. inexact access

Abstract

An apparatus and method for identifying and/or analyzing potential patent infringement, including a processing device for processing the information regarding the patent, wherein the processing device identifies at least one independent claim of the patent, wherein the processing device formulates a search or a search query containing information corresponding to the at least one independent claim, wherein the processing device searches information regarding at least one of a product, products, a service, and services, wherein the processing device obtains and processes information regarding at least one of a product, products, a service, and services, relevant to the at least one independent claim in conjunction with information contained in the at least one independent claim, and further wherein the processing device generates claim chart information containing information regarding the at least one of a product, products, a service, and services.

Claims

1. An apparatus for identifying and/or analyzing potential patent infringement, comprising:

an input device for inputting information regarding a patent;

a processing device for processing the information regarding the patent, wherein the processing device identifies at least one independent claim of the patent, wherein the processing device formulates a search or a search query containing information corresponding to the at least one independent claim, wherein the processing device searches information regarding at least one of a product, products, a service, and services, wherein the processing device obtains and processes information regarding at least one of a product, products, a service, and services, relevant to the at least one independent claim in conjunction with information contained in the at least one independent claim, and further wherein the processing device generates claim chart information containing information regarding the at least one of a product, products, a service, and services; and

at least one of a display device for displaying information contained in the claim chart information and an output device for outputting information contained in the claim chart information.

2. The apparatus of claim 1, wherein the apparatus is at least one of a computer, a personal computer, a desktop computer, a laptop or notebook computer, a central processing computer, and a server.

3. The apparatus of claim 1, further comprising:

a database, wherein the database contains at least one of subject matter of at least one patent, at least one of a software program and an algorithm for processing or parsing patent information, at least one of a software program and an algorithm for identifying at least one of a claim preamble, a claim element, and a claim limitation, at least one of a software program and an algorithm for formulating a search or a search query, product information for any number of products, product descriptions, descriptions of components, descriptions of product uses, services information, service descriptions, descriptions of processes, descriptions of service uses, a product catalog, a services catalog, an industry atlas, a trade journal, a technical journal, a product manual, a service manual, an industry journal, a book, a magazine, a publication, a Dialog database, a NERAK database, a Thomas Register database, a Derwent database, a patent database, at least one of a link and a hyperlink to an information source, and at least one of a software program and an algorithm for generating a claim chart.

4. The apparatus of claim 1, further comprising:

a transmitter for transmitting at least one of an information request to an information source computer and the claim chart information to a user communication device.

5. The apparatus of claim 1, further comprising:

a receiver for receiving at least one of patent information from a user communication device and a response to a request for information from an information source computer.

6. The apparatus of claim 1, wherein the processing device at least one of processes and parses the text information of the patent in order to identify the claims of the patent.

7. The apparatus of claim 6, wherein the processing device utilizes at least one of a word processing searching technique, a text analysis processing technique, and a semantic analysis processing technique, to identify the claims of the patent.

8. The apparatus of claim 1, wherein the processing device at least one of processes and parses claim information of the patent in order to identify the at least one independent claim.

9. The apparatus of claim 1, wherein the processing device at least one of processes and parses the information contained in the at least one independent claim, wherein the processing device identifies text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation.

10. The apparatus of claim 9, wherein the processing device processes the text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation, and further wherein the processing device identifies at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

11. The apparatus of claim 10, wherein the processing device formulates the search or the search query by utilizing the at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

12. The apparatus of claim 1, wherein the processing device performs a search of at least one of a database, an information source, an information sources computer, a web site, a web page, a server computer, a chat room, and an on-line bulletin board, by utilizing the search or the search query, and further wherein the processing device obtains information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim.

13. The apparatus of claim 10, wherein the search or search query contains at least of a synonym, a dictionary definition, an equivalent term, a foreign language translation, and a slang term, for the at least one of key word and a term.

14. The apparatus of claim 10, wherein the processing device performs a search for information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim, and which contain a pre-defined number of key words or terms present in the search or the search query.

15. The apparatus of claim 1, wherein the processing device performs a search for information regarding at least one of a product, products, a service, and services, by utilizing at least one of a search program, an intelligent agent, a search engines, a web site directory, a search engine directory, and a hierarchical directory.

16. The apparatus of claim 1, wherein the processing device performs a search of a web site associated with at least one of a product, products, a service, services, a trade association, a technical association, an industry association, and at least one of a manufacturer, a wholesaler, and a retailer, of at least one of a product, products, a service, and services.

17. The apparatus of claim 1, wherein the processing device performs a search of at least one of advertising information, marketing information, product review information, services review information, manufacturer information, and distributor information.

18. The apparatus of claim 1, wherein the processing device generates a natural language search or search query for use in obtaining information from a chat room or an on-line bulletin board.

19. The apparatus of claim 1, wherein the processing device can at least one of process the information regarding the patent, generate the search or the search query, and generate the claim chart information, in any number of languages.

20. The apparatus of claim 1, wherein the processing device performs a search of a patent or a publication which references the patent.

21. The apparatus of claim 1, wherein the processing device ascertains at least one of at least one of an inventor and an assignee of a patent and at least one of an author and a publisher of a publication.

22. The apparatus of claim 1, wherein the processing device performs a search of information regarding at least one of a product, products, a service, and services, which is marked with at least one of a patent number and a patent pending notice.

23. The apparatus of claim 1, wherein the claim chart information contains at least one of preamble text information and text information for at least one of a claim element and a claim limitation, and further wherein the claim chart information contains information regarding whether an identified product or service exhibits or contains features or limitations of at least one of the claim preamble, a claim element, and a claim limitation, literally or under the Doctrine of Equivalents.

24. The apparatus of claim 23, wherein at least one of a word, a key word, a term, and information, in the claim chart information is at least one of highlighted, underlined, and emboldened.

25. The apparatus of claim 1, wherein the apparatus is programmed for automatic operation.

26. The apparatus of claim 1, wherein the apparatus is utilized in conjunction with at least one of a telecommunication network, the Internet, the World Wide Web, an RF signal communications network, a satellite communications network, an optical communications network, a public switched telephone network, a digital communications network, a personal communications services communication network, and a wireless communication network.

27. An apparatus for identifying and/or analyzing potential patent infringement, comprising:

a receiver for receiving information regarding a patent;

a processing device for processing the information regarding the patent, wherein the processing device identifies at least one independent claim of the patent, wherein the processing device formulates a search or a search query containing information corresponding to the at least one independent claim, wherein the processing device searches information regarding at least one of a product, products, a service, and services, wherein the processing device obtains and processes information regarding at least one of a product, products, a service, and services, relevant to the at least one independent claim in conjunction with information contained in the at least one independent claim, and further wherein the processing device generates claim chart information containing information regarding the at least one of a product, products, a service, and services; and

a transmitter for transmitting the information contained in the claim chart information to a user communication device.

28. The apparatus of claim 27, wherein the apparatus is at least one of a computer, a personal computer, a desktop computer, a laptop or notebook computer, a central processing computer, and a server.

29. The apparatus of claim 27, further comprising:

a database, wherein the database contains at least one of subject matter of at least one patent, at least one of a software program and an algorithm for processing or parsing patent information, at least one of a software program and an algorithm for identifying at least one of a claim preamble, a claim element, and a claim limitation, at least one of a software program and an algorithm for formulating a search or a search query, product information for any number of products, product descriptions, descriptions of components, descriptions of product uses, services information, service descriptions, descriptions of processes, descriptions of service uses, a product catalog, a services catalog, an industry atlas, a trade journal, a technical journal, a product manual, a service manual, an industry journal, a book, a magazine, a publication, a Dialog database, a NERAK database, a Thomas Register database, a Derwent database, a patent database, at least one of a link and a hyperlink to an information source, and at least one of a software program and an algorithm for generating a claim chart.

30. The apparatus of claim 27, wherein the processing device at least one of processes and parses the text information of the patent in order to identify the claims of the patent.

31. The apparatus of claim 30, wherein the processing device utilizes at least one of a word processing searching technique, a text analysis processing technique, and a semantic analysis processing technique, to identify the claims of the patent.

32. The apparatus of claim 27, wherein the processing device at least one of processes and parses claim information of the patent in order to identify the at least one independent claim.

33. The apparatus of claim 27, wherein the processing device at least one of processes and parses the information contained in the at least one independent claim, wherein the processing device identifies text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation.

34. The apparatus of claim 33, wherein the processing device processes the text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation, and further wherein the processing device identifies at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

35. The apparatus of claim 34, wherein the processing device formulates the search or the search query by utilizing the at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

36. The apparatus of claim 27, wherein the processing device performs a search of at least one of a database, an information source, an information sources computer, a web site, a web page,-a server computer, a chat room, and an on-line bulletin board, by utilizing the search or the search query, and further wherein the processing device obtains information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim.

37. The apparatus of claim 34, wherein the search or the search query contains at least one of a synonym, a dictionary definition, an equivalent term, a foreign language translation, and a slang term, for the at least one of key word and a term.

38. The apparatus of claim 34, wherein the processing device performs a search for information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim, and which contain a pre-defined number of key words or terms present in the search or the search query.

39. The apparatus of claim 27, wherein the processing device performs a search for information regarding at least one of a product, products, a service, and services, by utilizing at least one of a search program, an intelligent agent, a search engines, a web site directory, a search engine directory, and a hierarchical directory.

40. The apparatus of claim 27, wherein the processing device performs a search of a web site associated with at least one of a product, products, a service, services, a trade association, a technical association, an industry association, and at least one of a manufacturer, a wholesaler, and a retailer, of at least one of a product, products, a service, and services.

41. The apparatus of claim 27, wherein the processing device performs a search of at least one of advertising information, marketing information, product review information, services review information, manufacturer information, and distributor information.

42. The apparatus of claim 27, wherein the processing device generates a natural language search or search query for use in obtaining information from a chat room or an on-line bulletin board.

43. The apparatus of claim 27, wherein the processing device can at least one of process the information regarding the patent, generate the search or the search query, and generate the claim chart information, in any number of languages.

44. The apparatus of claim 27, wherein the processing device performs a search of a patent or a publication which references the patent.

45. The apparatus of claim 27, wherein the processing device ascertains at least one of at least one of an inventor and an assignee of a patent and at least one of an author and a publisher of a publication.

46. The apparatus of claim 27, wherein the processing device performs a search of information regarding at least one of a product, products, a service, and services, which is marked with at least one of a patent number and a patent pending notice.

47. The apparatus of claim 27, wherein the claim chart information contains at least one of preamble text information and text information for at least one of a claim element and a claim limitation, and further wherein the claim chart information contains information regarding whether an identified product or service exhibits or contains features or limitations of at least one of the claim preamble, a claim element, and a claim limitation, literally or under the Doctrine of Equivalents.

48. The apparatus of claim 47, wherein at least one of a word, a key word, a term, and information, in the claim chart information is at least one of highlighted, underlined, and emboldened.

49. The apparatus of claim 27, wherein the apparatus is programmed for automatic operation.

50. The apparatus of claim 27, wherein the apparatus is utilized in conjunction with at least one of a telecommunication network, the Internet, the World Wide Web, an RF signal communications network, a satellite communications network, an optical communications network, a public switched telephone network, a digital communications network, a personal communications services communication network, and a wireless communication network.

51. An computer-implemented method for identifying and/or analyzing potential patent infringement, comprising:

inputting information regarding a patent into a processing device;

processing the information regarding the patent with the processing device;

identifying at least one independent claim of the patent;

formulating a search or a search query containing information corresponding to the at least one independent claim;

searching information regarding at least one of a product, products, a service, and services;

obtaining and processing information regarding at least one of a product, products, a service, and services, relevant to the at least one independent claim in conjunction with information contained in the at least one independent claim;

generating claim chart information containing information regarding the at least one of a product, products, a service, and services; and

at least one of displaying information contained in the claim chart information and outputting information contained in the claim chart information.

52. The method of claim 51, wherein the method is performed with at least of one of a computer, a personal computer, a desktop computer, a laptop or notebook computer, a central processing computer, and a server.

53. The method of claim 51, further comprising:

searching a database, wherein the database contains at least one of subject matter of at least one patent, product information for any number of products, product descriptions, descriptions of components, descriptions of product uses, services information, service descriptions, descriptions of processes, descriptions of service uses, a product catalog, a services catalog, an industry atlas, a trade journal, a technical journal, a product manual, a service manual, an industry journal, a book, a magazine, a publication, a Dialog database, a NERAK database, a Thomas Register database, a Derwent database, a patent database, and at least one of a link and a hyperlink to an information source.

54. The method of claim 51, further comprising:

transmitting at least one of an information request to an information source computer and the claim chart information to a user communication device.

55. The method of claim 51, further comprising:

receiving at least one of patent information from a user communication device and a response to a request for information from an information source computer.

56. The method of claim 51, further comprising:

at least one of processing and parsing the text information of the patent in order to identify the claims of the patent.

57. The method of claim 56, wherein the method utilizes at least one of a word processing searching technique, a text analysis processing technique, and a semantic analysis processing technique, to identify the claims of the patent.

58. The method of claim 51, further comprising:

at least one of processing and parsing claim information of the patent in order to identify the at least one independent claim.

59. The method of claim 51, further comprising:

at least one of processing and parsing the information contained in the at least one independent claim; and

identifying text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation.

60. The method of claim 59, further comprising:

processing the text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation; and

identifying at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

61. The method of claim 60, further comprising:

formulating the search or the search query by utilizing the at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

62. The method of claim 51, further comprising:

searching at least one of a database, an information source, an information sources computer, a web site, a web page, a server computer, a chat room, and an on-line bulletin board, by utilizing the search or the search query; and

obtaining information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim.

63. The method of claim 60, wherein the search or the search query contains at least one of a synonym, a dictionary definition, an equivalent term, a foreign language translation, and a slang term, for the at least one of a key word and a term.

64. The method of claim 62, wherein the information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim contains a pre-defined number of key words or terms present in the search or the search query.

65. The method of claim 51, further comprising:

searching information regarding at least one of a product, products, a service, and services, by utilizing at least one of a search program, an intelligent agent, a search engines, a web site directory, a search engine directory, and a hierarchical directory.

66. The method of claim 51, further comprising:

searching a web site associated with at least one of a product, products, a service, services, a trade association, a technical association, an industry association, and at least one of a manufacturer, a wholesaler, and a retailer, of at least one of a product, products, a service, and services.

67. The method of claim 51, further comprising:

searching at least one of advertising information, marketing information, product review information, services review information, manufacturer information, and distributor information.

68. The method of claim 51, further comprising:

generating a natural language search or search query for use in obtaining information from a chat room or an on-line bulletin board.

69. The method of claim 51, further comprising:

at least one of processing the information regarding the patent, generating the search or the search query, and generating the claim chart information, in any number of languages.

70. The method of claim 51, further comprising:

searching a patent or a publication which references the patent.

71. The method of claim 51, further comprising:

ascertaining at least one of at least one of an inventor and an assignee of a patent and at least one of an author and a publisher of a publication.

72. The method of claim 51, further comprising:

searching information regarding at least one of a product, products, a service, and services, which is marked with at least one of a patent number and a patent pending notice.

73. The method of claim 51, wherein the claim chart information contains at least one of preamble text information and text information for at least one of a claim element and a claim limitation, and further wherein the claim chart information contains information regarding whether an identified product or service exhibits or contains features or limitations of at least one of the claim preamble, a claim element, and a claim limitation, literally or under the Doctrine of Equivalents.

74. The method of claim 73, wherein at least one of a word, a key word, a term, and information, in the claim chart information is at least one of highlighted, underlined, and emboldened.

75. The method of claim 51, wherein the method is performed automatically.

76. The method of claim 51, wherein the method is performed in conjunction with at least one of a telecommunication network, the Internet, the World Wide Web, an RF signal communications network, a satellite communications network, an optical communications network, a public switched telephone network, a digital communications network, a personal communications services communication network, and a wireless communication network.

77. An computer-implemented method for identifying and/or analyzing potential patent infringement, comprising:

receiving information regarding a patent;

processing the information regarding the patent with the processing device;

identifying at least one independent claim of the patent;

formulating a search or a search query containing information corresponding to the at least one independent claim;

searching information regarding at least one of a product, products, a service, and services;

obtaining and processing information regarding at least one of a product, products, a service, and services, relevant to the at least one independent claim in conjunction with information contained in the at least one independent claim;

generating claim chart information containing information regarding the at least one of a product, products, a service, and services; and

transmitting the information contained in the claim chart information to a user communication device.

78. The method of claim 77, wherein the method is performed with at least of one of a computer, a personal computer, a desktop computer, a laptop or notebook computer, a central processing computer, and a server.

79. The method of claim 77, further comprising:

searching a database, wherein the database contains at least one of subject matter of at least one patent, product information for any number of products, product descriptions, descriptions of components, descriptions of product uses, services information, service descriptions, descriptions of processes, descriptions of service uses, a product catalog, a services catalog, an industry atlas, a trade journal, a technical journal, a product manual, a service manual, an industry journal, a book, a magazine, a publication, a Dialog database, a NERAK database, a Thomas Register database, a Derwent database, a patent database, and at least one of a link and a hyperlink to an information source.

80. The method of claim 77, further comprising:

at least one of processing and parsing the text information of the patent in order to identify the claims of the patent.

81. The method of claim 80, wherein the method is performed in conjunction with at least one of a word processing searching technique, a text analysis processing technique, and a semantic analysis processing technique, to identify the claims of the patent.

82. The method of claim 77, further comprising:

at least one of processing and parsing claim information of the patent in order to identify the at least one independent claim.

83. The method of claim 77, further comprising:

at least one of processing and parsing the information contained in the at least one independent claim; and

identifying text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation.

84. The method of claim 83, further comprising:

processing the text information corresponding to the claim preamble and to at least one of a claim element and a claim limitation; and

identifying at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

85. The method of claim 84, further comprising:

formulating the search or the search query by utilizing the at least one of a key word and a term for at least one of defining and describing at least one of a product to which the independent claim is directed, a service to which the independent claim is directed, a claim element, and a claim limitation.

86. The method of claim 77, further comprising:

searching at least one of a database, an information source, an information sources computer, a web site, a web page, a server computer, a chat room, and an on-line bulletin board, by utilizing the search or the search query; and

obtaining information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim.

87. The method of claim 84, wherein the search or the search query contains at least one of a synonym, a dictionary definition, an equivalent term, a foreign language translation, and a slang term, for the at least one of key word and a term.

88. The method of claim 86, wherein the information regarding at least one of a product, products, a service, and services, which are relevant to the at least one independent claim contains a pre-defined number of key word or terms present in the search or the search query.

89. The method of claim 77, further comprising:

searching information regarding at least one of a product, products, a service, and services, by utilizing at least one of a search program, an intelligent agent, a search engines, a web site directory, a search engine directory, and a hierarchical directory.

90. The method of claim 77, further comprising:

searching a web site associated with at least one of a product, products, a service, services, a trade association, a technical association, an industry association, and at least one of a manufacturer, a wholesaler, and a retailer, of at least one of a product, products, a service, and services.

91. The method of claim 77, further comprising:

searching at least one of advertising information, marketing information, product review information, services review information, manufacturer information, and distributor information.

92. The method of claim 77, further comprising:

generating a natural language search or search query for use in obtaining information from a chat room or an on-line bulletin board.

93. The method of claim 77, further comprising:

at least one of processing the information regarding the patent, generating the search or the search query, and generating the claim chart information, in any number of languages.

94. The method of claim 77, further comprising:

searching a patent or a publication which references the patent.

95. The method of claim 77, further comprising:

ascertaining at least one of at least one of an inventor and an assignee of a patent and at least one of an author and a publisher of a publication.

96. The method of claim 77, further comprising:

searching information regarding at least one of a product, products, a service, and services, which is marked with at least one of a patent number and a patent pending notice.

97. The method of claim 77, wherein the claim chart information contains at least one of preamble text information and text information for at least one of a claim element and a claim limitation, and further wherein the claim chart information contains information regarding whether an identified product or service exhibits or contains features or limitations of at least one of the claim preamble, a claim element, and a claim limitation, literally or under the Doctrine of Equivalents.

98. The method of claim 97, wherein at least one of a word, a key word, a term, and information, in the claim chart information is at least one of highlighted, underlined, and emboldened.

99. The method of claim 77, wherein the method is performed automatically.

100. The method of claim 77, wherein the method is performed in conjunction with at least one of a telecommunication network, the Internet, the World Wide Web, an RF signal communications network, a satellite communications network, an optical communications network, a public switched telephone network, a digital communications network, a personal communications services communication network, and a wireless communication network.