APPARATUS AND METHOD FOR ANALYZING PATENT CLAIM VALIDITY

• US 20100005094A1
• Filed: 09/21/2009
• Published: 01/07/2010
• Est. Priority Date: 10/17/2002
• Status: Active Grant

• Current Assignee: Poltorak Technologies, LLC
• Original Assignee: Alexander Poltorak
• Inventors: Poltorak, Alexander I.
• Granted Patent: US 7,904,453 B2
• Time in Patent Office: Days
• US Class Current: 707/5
• CPC Class Codes: G06F 16/313 Selection or weighting of terms for indexing
• CPC Class Codes: G06F 40/205 Parsing
• CPC Class Codes: G06F 40/221 Parsing markup language streams streaming G06F40/149
• CPC Class Codes: G06F 40/289 Phrasal analysis, e.g. finite state techniques or chunking
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 50/184 Intellectual property management
• CPC Class Codes: Y10S 707/917 Text
• CPC Class Codes: Y10S 707/931 Patent comparison
• CPC Class Codes: Y10S 707/937 intellectual property searching

Abstract

A computer system, method, and storage medium with embedded code automate analysis of validity of patent document claims. In embodiments, the computer system receives an identifier of the patent document and a claim, retrieves text of the patent document, parses the text to identify contextually important key terms of the claim, and then formulates one or more queries that include key terms and a priority date relating to the patent document. The system launches the queries and receives search results. From the results, anticipatory candidate members and obviousness candidate members are determined. If the total number of the members is excessive, the queries are reformulated more restrictively, and the search repeated. The system determines contextual relevance of the members and arranges the members in order of their relevance.

Claims

1. A method for analyzing validity of a patent claim, the method comprising steps of:

determining frequencies of occurrence, within a text describing the patent claim, of each word of a plurality of words in the patent claim to obtain a plurality of first frequencies;

determining frequencies of occurrence of said each word in a neutral text to obtain a plurality of second frequencies, wherein the neutral text is unrelated to (i) the patent claim, (ii) the text describing the patent claim, and (iii) the technology of the patent claim and the text describing the patent claim, and wherein the neutral text does not include the patent claim or the text describing the patent claim,

for said each word, calculating a ratio of the first frequency associated with said each word to the second frequency associated with said each word, thereby obtaining a plurality of ratios, a ratio of the plurality of ratios per said each word;

comparing each ratio of the plurality of ratios to a first parameter to obtain a plurality of key terms, each key term of the plurality of key terms comprising a word corresponding to a ratio of the plurality of ratios that exceeds the first parameter;

determining an effective priority date of the patent claim,

formulating at least one query to search for data items that include the key terms, wherein the at least one query limits time frame of a search in accordance with the at least one query to time preceding the effective priority date of the patent claim;

launching the at least one query;

receiving search results responsive to the at least one query;

determining an anticipatory candidate set by selecting from the search results anticipatory candidate items, wherein each result of the search results that includes all the key terms is selected for the anticipatory candidate set;

determining an obviousness candidate set by selecting from the search results distinct obviousness combinations, wherein each of the distinct obviousness combinations comprises a different group of no more than a second predetermined number of the search results that includes all the key terms; and

outputting the anticipatory candidate set and the obviousness candidate set.

2. The method of claim 1, wherein the patent claim and the text are parts of a patent application classified in one or more classifications, the method further comprising a step of defining the neutral text by removing patent documents corresponding to any of the one or more classifications from documents in a patent database.

3. The method of claim 2, further comprising steps of:

determining a number of the anticipatory candidate items in the anticipatory candidate set;

comparing the number of the anticipatory candidate items in the anticipatory candidate set to a limit of quantity of search results; and

if the number of distinct search results exceeds the limit of quantity of search results, narrowing the at least one query and repeating the steps of launching, receiving search results, and determining the anticipatory candidate set.

4. The method of claim 2, further comprising steps of:

determining a combined number of the anticipatory candidate items in the anticipatory candidate set and of the distinct obviousness combinations in the obviousness candidate set;

comparing the combined number of the anticipatory candidate items in the anticipatory candidate set to a limit of quantity of search results; and

if the number of distinct search results exceeds the limit of quantity of search results, narrowing the at least one query and repeating the steps of launching, receiving search results, determining the anticipatory candidate set, and determining an obviousness candidate set.

5. The method of claim 2, further comprising a step of storing the anticipatory candidate set and the obviousness candidate set.

6. The method of claim 2, further comprising steps of:

receiving a patent identifier of a patent comprising the patent claim;

receiving a claim identifier of the patent claim within the patent;

retrieving text of the patent;

parsing the text of the patent to identify claims section of the text of the patent; and

parsing the claims section to identify the patent claim.

7. The method of claim 6, further comprising a step of organizing the search results according to one or more criteria of relevance to the patent.

8. The method of claim 2, further comprising a step of selecting synonyms of the key terms, wherein the step of formulating at least one query comprises the step of formulating a first query to search for data items that include the key terms and the synonyms of the key terms.

9. The method of claim 2, further comprising steps of:

selecting synonyms of the key terms; and

translating the key terms and the synonyms from language of the patent claim into a foreign language, to obtain translated key terms in the foreign language;

wherein the step of formulating at least one query comprises a step of formulating a first query in the language of the patent to search for data items that include the key terms of the one or more limitations of the first independent claim and the synonyms of the key terms, and a step of formulating a second query in the foreign language to search for data items that include the key terms and the synonyms of the key terms in the foreign language, the second query being equivalent to the first query.

10. The method of claim 2, wherein the step of formulating at least one query comprises a step of formulating a plurality of queries.

11. The method of claim 10, further comprising the step of organizing the search results according to one or more criteria of relevance to the patent.

12. The method of claim 10, wherein the step of launching the at least one query comprises a step of parallel launching of the plurality of queries.

13. The method of claim 2, wherein:

the step of defining the neutral text further comprises removing common stop words that provide structure but not substance, and removing boilerplate words commonly used in patent claims.

14. The method of claim 2, wherein:

the step of formulating at least one query comprises automatically generating a natural language question;

the step of launching comprises transmitting the natural language query to a chat room; and

the step of receiving comprises obtaining one or more responses to the natural language question from the chat room, parsing the one or more responses for identifiers of documents, and acquiring the documents through an online resource.

15. The method of claim 2, further comprising the step of organizing the search results according to one or more criteria of relevance to the patent, wherein the criteria is such that

every anticipatory candidate item of the anticipatory candidate set is ahead of all obviousness combinations of the obviousness candidate set;

the anticipatory candidate items are arranged in order of decreasing total number of key terms within each anticipatory candidate item; and

the obviousness combinations are arranged (i) in order of increasing number of search results within each obviousness combination, and (ii) for obviousness combinations having the same number of search results, in order of decreasing total number of key terms within each obviousness combination.

16. A system for analyzing validity of a patent claim, the system comprising:

a processor;

an input device coupled to the processor, the input device being configured to provide information to the processor; and

an output device coupled to the processor;

wherein the processor is configured to perform steps comprising;

receiving through the input device data sufficient to obtain a patent claim, text describing the patent claim, and an effective priority date of the patent claim,

determining frequencies of occurrence, within a text describing the patent claim, of each word of a plurality of words in the patent claim to obtain a plurality of first frequencies,

determining frequencies of occurrence of said each word in a neutral text to obtain a plurality of second frequencies, wherein the neutral text is unrelated to (i) the patent claim, (ii) the text describing the patent claim, and (iii) the technology of the patent claim and the text describing the patent claim, and wherein the neutral text does not include the patent claim or the text describing the patent claim,

for said each word, calculating a ratio of the first frequency associated with said each word to the second frequency associated with said each word, thereby obtaining a plurality of ratios, a ratio of the plurality of ratios per said each word,

comparing each ratio of the plurality of ratios to a first parameter to obtain a plurality of key terms, each key term of the plurality of key terms comprising a word corresponding to a ratio of the plurality of ratios that exceeds the first parameter,

formulating at least one query to search for data items that include the key terms, wherein the at least one query limits the frame of a search in accordance with the at least one query to time preceding the effective priority date of the patent claim,

launching the at least one query,

receiving search results responsive to the at least one query;

determining an anticipatory candidate set by selecting from the search results anticipatory candidate items, wherein each result of the search results that includes all the key terms is selected for the anticipatory candidate set,

determining an obviousness candidate set by selecting from the search results distinct obviousness combinations, wherein each of the distinct obviousness combinations comprises a different group of no more than a second predetermined number of the search results that includes all the key terms, and

outputting through the output device the anticipatory candidate set and the obviousness candidate set.

17. The system of claim 16, wherein the patent claim and the text are parts of a patent application classified in one or more classifications, and the steps further comprise defining the neutral text by removing patent documents corresponding to any of the one or more classifications from documents in a patent database.

18. The system of claim 17, wherein the steps further comprise:

determining a number of the anticipatory candidate items in the anticipatory candidate set;

comparing the number of the anticipatory candidate items in the anticipatory candidate set to a limit of quantity of search results; and

if the number of distinct search results exceeds the limit of quantity of search results, repeating the steps of launching, receiving search results, and determining the anticipatory candidate set.

19. The system of claim 17, wherein the steps further comprise:

determining a combined number of the anticipatory candidate items in the anticipatory candidate set and of the distinct obviousness combinations in the obviousness candidate set;

comparing the combined number of the anticipatory candidate items in the anticipatory candidate set to a limit of quantity of search results; and

if the number of distinct search results exceeds the limit of quantity of search results, repeating the steps of launching, receiving search results, determining the anticipatory candidate set, and determining an obviousness candidate set.

20. The system of claim 17, wherein the steps further comprise storing the anticipatory candidate set and the obviousness candidate set.

21. The system of claim 17, wherein the steps further comprise:

receiving a patent identifier of a patent comprising the patent claim;

receiving a claim identifier of the patent claim within the patent;

retrieving text of the patent;

parsing the text of the patent to identify claims section of the text of the patent; and

parsing the claims section to identify the patent claim.

22. The system of claim 21, wherein the steps further comprise organizing the search results according to a criterion of relevance to the patent.

23. The system of claim 17, wherein the steps further comprise selecting synonyms of the key terms, wherein the step of formulating at least one query comprises the step of formulating a first query to search for data items that include the key terms and the synonyms of the key terms.

24. The system of claim 17, wherein:

the steps further comprise

selecting synonyms of the key terms, and

translating the key terms and the synonyms from language of the patent claim into a foreign language, to obtain translated key terms in the foreign language, and

the step of formulating at least one query comprises a step of formulating a first query in the language of the patent to search for data items that include the key terms of the one or more limitations of the first independent claim and the synonyms of the key terms, and a step of formulating a second query in the foreign language to search for data items that include the key terms and the synonyms of the key terms in the foreign language, the second query being equivalent to the first query.

25. The system of claim 17, wherein the step of formulating at least one query comprises a step of formulating a plurality of queries.

26. The system of claim 25, wherein the steps further comprise organizing the search results according to a criterion of relevance to the patent.

27. The system of claim 25, wherein the step of launching the at least one query comprises a step of parallel launching of the plurality of queries.

28. The system of claim 17, wherein:

the step of defining the neutral text further comprises removing common stop words that provide structure but not substance, and removing boilerplate words commonly used in patent claims.

29. The system of claim 17, wherein the output device is a display.

30. The system of claim 17, wherein:

the step of formulating at least one query comprises automatically generating a natural language question;

the step of launching comprises transmitting the natural language query to a chat room; and

the step of receiving comprises obtaining one or more responses to the natural language question from the chat room, parsing the one or more responses for identifiers of documents, and acquiring the documents through an online resource.

31. The system of claim 17, wherein

the steps further comprise organizing the search results according to one or more criteria of relevance to the patent, wherein the criteria is such that

every anticipatory candidate item of the anticipatory candidate set is ahead of all obviousness combinations of the obviousness candidate set;

the anticipatory candidate items are arranged in order of decreasing total number of key terms within each anticipatory candidate item; and

the obviousness combinations are arranged (i) in order of increasing number of search results within each obviousness combination, and (ii) for obviousness combinations having the same number of search results, in order of decreasing total number of key terms within each obviousness combination.

32. An article of manufacture comprising a machine-readable storage medium with instruction code stored in the medium, said instruction code, when executed by a data processing system comprising a processor, causes the processor to perform the following steps to analyze validity of a patent claim:

determining frequencies of occurrence, within a text describing the patent claim, of each word of a plurality of words in the patent claim to obtain a plurality of first frequencies;

determining frequencies of occurrence of said each word in a neutral text to obtain a plurality of second frequencies, wherein the neutral text is unrelated to (i) the patent claim, (ii) the text describing the patent claim, and (iii) the technology of the patent claim and the text describing the patent claim, and wherein the neutral text does not include the patent claim or the text describing the patent claim;

for said each word, calculating a ratio of the first frequency associated with said each word to the second frequency associated with said each word, thereby obtaining a plurality of ratios, a ratio of the plurality of ratios per said each word;

comparing each ratio of the plurality of ratios to a first parameter to obtain a plurality of key terms, each key term of the plurality of key terms comprising a word corresponding to a ratio of the plurality of ratios that exceeds the first parameter;

determining an effective priority date of the patent claim;

formulating at least one query to search for data items that include the key terms, wherein the at least one query limits time frame of a search in accordance with the at least one query to time preceding the effective priority date of the patent claim;

launching the at least one query;

receiving search results responsive to the at least one query.

determining an anticipatory candidate set by selecting from the search results anticipatory candidate items, wherein each result of the search results that includes all the key terms is selected for the anticipatory candidate set;

determining an obviousness candidate set by selecting from the search results distinct obviousness combinations, wherein each of the distinct obviousness combinations comprises a different group of no more than a second predetermined number of the search results that includes all the key terms; and

outputting the anticipatory candidate set and the obviousness candidate set.

33. The article of manufacture of claim 32, wherein the patent claim and the text are parts of a patent application classified in one or more classifications, and the steps further comprise defining the neutral text by removing patent documents corresponding to any of the one or more classifications from documents in a patent database.

34. The article of manufacture of claim 33, wherein:

the step of defining the neutral text further comprises removing common stop words that provide structure but not substance, and removing boilerplate words commonly used in patent claims.

35. The article of manufacture of claim 33, wherein:

the step of formulating at least one query comprises automatically generating a natural language question;

the step of launching comprises transmitting the natural language query to a chat loom; and

the step of receiving comprises obtaining one or more responses to the natural language question from the chat room, parsing the one or more responses for identifiers of documents, and acquiring the documents through an online resource.

36. The article of manufacture of claim 33, wherein

the steps further comprise organizing the search results according to one or more criteria of relevance to the patent, wherein the criteria is such that

every anticipatory candidate item of the anticipatory candidate set is ahead of all obviousness combinations of the obviousness candidate set;

the anticipatory candidate items are arranged in order of decreasing total number of key terms within each anticipatory candidate item; and

the obviousness combinations are arranged (i) in order of increasing number of search results within each obviousness combination, and (ii) for obviousness combinations having the same number of search results, in order of decreasing total number of key terms within each obviousness combination.