Apparatus and method for identifying potential patent infringement

• US 7,792,832 B2
• Filed: 01/20/2004
• Issued: 09/07/2010
• Est. Priority Date: 10/17/2002
• Status: Active Grant

• Current Assignee: General Patent Corporation
• Original Assignee: Alexander Poltorak
• Inventors: Poltorak, Alexander I.
• Primary Examiner(s): Wassum; Luke S
• Application Number:
  US10/760,738
• Publication Number:
  US 20040158559A1
• Time in Patent Office: 2,422 Days
• Field of Search: 707/730, 707/780, 707/937
• US Class Current: 707/730
• CPC Class Codes: G06F 16/951 Indexing; Web crawling techniques
• 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: Y10S 707/937 intellectual property searching

Abstract

A computer system, method, and storage medium with embedded code automate search for products that potentially infringe patents or similar rights of exclusion. The computer system receives an identifier of the patent, retrieves the patent'"'"'s text, parses the text to identify contextually important terms of a claim, and then formulates queries that include these key terms. The system launches the queries and receives search results. If the number of results is excessive, the queries are reformulated more restrictively. The system determines contextual relevance of the results and arranges the results in order of their relevance.

Claims

1. A method for identifying products potentially infringing a patent, the method comprising:

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

determining frequencies of occurrence of said each word in a neutral text unrelated to the patent and to technology of the patent to obtain a plurality of second frequencies;

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;

launching the at least one query;

receiving search results responsive to the at least one query; and

organizing the search results according to a criterion of relevance to the patent, thereby obtaining organized search results; and

outputting the organized search results.

2. The method of claim 1, further comprising:

determining a number of distinct search results;

comparing the number of distinct search results to a limit of quantity of search results; and

repeating the steps of formulating at least one query, launching the at least one query, and receiving search results before the step of organizing if the number of distinct search results exceeds the limit of quantity of search results.

3. The method of claim 1, wherein the first claim is an independent claim.

4. The method of claim 1, further comprising the step of storing the search results.

5. The method of claim 1, further comprising:

removing common stop words that provide structure but not substance; and

removing boilerplate words commonly used in patent claims;

wherein the steps of removing are performed before the steps of determining frequencies of occurrence.

6. A method for identifying products potentially infringing a patent, the method comprising:

receiving an identifier of the patent;

retrieving text of the patent;

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

parsing the claims section to identify one or more individual claims of the patent;

parsing the individual claims of the patent to identify one or more independent claims of the patent, the one or more independent claims comprising a first independent claim;

identifying a preamble of the first independent claim;

identifying one or more limitations of the first independent claim;

identifying one or more key terms for each limitation of the one or more limitations and for the preamble of the first independent claim;

formulating at least one query to search for data items that include the key terms of the one or more limitations of the first independent claim;

launching the at least one query;

receiving search results responsive to the at least one query; and

reviewing the search results of the at least one query;

wherein the step of identifying one or more key terms comprises;

for each word of a plurality of words in the limitations, calculating a ratio of (1) frequency of occurrence within the text of the patent of said each word to (2) frequency of occurrence of said each word in a neutral text not related to the patent or to technology of the patent, thereby obtaining a plurality of ratios, each ratio of the plurality of ratios corresponding to a different said each word;

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

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

8. The method of claim 6, further comprising the step of generating a claim chart after the step of identifying one or more key terms.

9. The method of claim 6, further comprising the 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 of the one or more limitations of the first independent claim and the synonyms of the key terms.

10. The method of claim 6, further comprising:

selecting synonyms of the key terms; and

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

wherein the step of formulating at least one query comprises the 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 the step of formulating a second query in the first foreign language 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 in the first foreign language, the second query being equivalent to the first query.

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

12. The method of claim 11, further comprising the step of organizing the search results according to a criterion of relevance to the patent.

13. The method of claim 11, wherein the step of launching the at least one query comprises the step of parallel launching of the plurality of queries.

14. The method of claim 10 further comprising:

determining a number of distinct search results;

comparing the number of distinct search results to a limit of quantity of search results before the step of reviewing results; and

repeating the steps of formulating at least one query, launching the at least one query, and receiving search results before the step of reviewing the search results if the number of distinct search results exceeds the limit of quantity of search results.

15. The method of claim 14, further comprising the step of organizing the search results according to a criterion of relevance to the patent.

16. The method of claim 6, further comprising the step of eliminating multiple instances of same search result after receiving the search results.

17. The method of claim 6, wherein the step of formulating at least one query comprises the step of formulating a plurality of queries.

18. A system for identifying products potentially infringing a patent, the system comprising:

a processor;

an input device coupled to the processor, the input device being capable of providing information to the processor; and

an output device coupled to the processor;

wherein the processor is configured to

receive through the input device data sufficient to obtain text of the patent;

obtain the text of the patent;

identify a plurality of key terms of a first claim of the patent by performing steps comprising;

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

determining frequencies of occurrence of said each word in a neutral text unrelated to the patent and to technology of the patent to obtain a plurality of second frequencies,

for said each word, calculating a ratio of (1) the first frequency of the plurality of first frequencies associated with said each word to (2) the second frequency of the plurality of second frequencies associated with said each word, thereby obtaining a plurality of ratios, a ratio of the plurality of ratios per said each word, and

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 corresponding to a ratio of the plurality of ratios that exceeds the first parameter;

formulate at least one query to search for data items that include the key terms;

launch the at least one query;

receive search results responsive to the at least one query; and

organize the search results according to a criterion of relevance to the patent.

19. The system of claim 18, wherein:

the processor is further configured to determine number of distinct search results;

the processor is further configured to compare the number of distinct search results to a limit of quantity of search results; and

the processor is further configured to formulate a second query, launch the second query, and receive search results responsive to the second query before organizing the search results if the number of distinct search results responsive to the at least one query exceeds the limit of quantity of search results.

20. The system of claim 18, wherein:

the output device is a display; and

the processor is further configured to cause the display to display the search results.

21. The system of claim 18, further comprising a storage device, wherein the processor is further configured to cause the storage device to store the search results.

22. A system for identifying products potentially infringing a patent, the system comprising:

a processor;

a memory storing code;

an input device coupled to the processor, the input device being capable of providing information to the processor; and

an output device coupled to the processor;

wherein;

the processor under control of the code is configured to perform steps comprising;

receiving an identifier of the patent;

retrieving text of the patent;

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

parsing the claims section to identify one or more individual claims of the patent;

parsing the individual claims of the patent to identify one or more independent claims of the patent, the one or more independent claims comprising a first independent claim;

identifying a preamble of the first independent claim;

identifying one or more limitations of the first independent claim;

for each word of a plurality of words in the limitations, calculating a ratio of (1) frequency of occurrence within the text of the patent of said each word to (2) frequency of occurrence of said each word in a neutral text not related to the patent or to technology of the patent, thereby obtaining a plurality of ratios, each ratio of the plurality of ratios corresponding to a different said each word;

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

formulating at least one query to search for data items that include the key terms of the one or more limitations of the first independent claim;

launching the at least one query; and

receiving search results responsive to the at least one query.

23. The system of claim 22, wherein the processor is further configured to organize the search results according to a criterion of relevance to the patent.

24. The system of claim 22, wherein the processor is further configured to generate a claim chart.

25. The system of claim 22, wherein the processor is further configured to

select synonyms of the key terms;

and

in the course of formulating the at least one query, formulate a first query 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.

26. The system of claim 22, wherein the processor is further configured to

select synonyms of the key terms;

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

in the course of formulating the at least one query, formulate a first query in the language of the patent to search for data items that include the key terms or synonyms; and

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

27. The system of claim 26, wherein the processor is further configured to formulate a plurality of non-equivalent queries in the course of formulating the at least one query.

28. The system of claim 27, wherein the processor is further configured to organize the search results according to a criterion of relevance to the patent.

29. The system of claim 27, wherein the processor is further configured to launch the plurality of non-equivalent queries in parallel.

30. The system of claim 26, wherein the processor is further configured to

determine number of distinct search results;

compare the number of distinct search results to a limit of quantity of search results; and

if the number of distinct search results exceeds the limit of quantity of search results, formulate at least a second query, launch the second query, and receive search results responsive to the second query.

31. The system of claim 30, wherein the processor is further configured to organize the search results according to a criterion of relevance to the patent.

32. The system of claim 22, wherein the processor is further configured to eliminate multiple instances of same search result after receiving the search results.

33. The system of claim 22, wherein the processor is further configured to formulate a plurality of queries in the course of formulating the at least one query.

34. 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 identify products potentially infringing a patent:

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

determining frequencies of occurrence of said each word in a neutral text unrelated to the patent and to technology of the patent to obtain a plurality of second frequencies;

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;

launching the at least one query;

receiving search results responsive to the at least one query; and

organizing the search results according to a criterion of relevance to the patent.

35. The article of manufacture of claim 34, wherein the code further causes the processor to perform the steps of:

determining a number of distinct search results;

comparing the number of distinct search results to a limit of quantity of search results; and

repeating the steps of formulating at least one query, launching the at least one query, and receiving search results before the step of organizing if the number of distinct search results exceeds the limit of quantity of search results.

36. The article of manufacture of claim 34, wherein the code further causes the processor to perform the step of storing the search results.

37. 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 identify products potentially infringing a patent:

receiving an identifier of the patent;

retrieving text of the patent;

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

parsing the claims section to identify one or more individual claims of the patent;

parsing the individual claims of the patent to identify one or more independent claims of the patent, the one or more independent claims comprising a first independent claim;

identifying a preamble of the first independent claim;

identifying one or more limitations of the first independent claim;

identifying one or more key terms for each limitation of the one or more limitations;

formulating at least one query to search for data items that include the key terms of the one or more limitations of the first independent claim;

launching the at least one query;

receiving search results responsive to the at least one query; and

reviewing the search results of the query;

wherein the code causes the processor, in the course of performing the step of identifying one or more key terms, to perform steps comprising;

for each word of a plurality of words in the one or more limitations, calculating a ratio of (1) frequency of occurrence within the text of the patent of said each word to (2) frequency of occurrence of said each word in a neutral text not related to the patent or to technology of the patent, thereby obtaining a plurality of ratios, each ratio of the plurality of ratios corresponding to a different said each word;

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

38. The article of manufacture of claim 37, wherein the code further causes the processor to perform the step of organizing the search results according to a criterion of relevance to the patent.

39. The article of manufacture of claim 37, wherein the code further causes the processor to perform the step of generating a claim chart after the step of identifying one or more key terms.

40. The article of manufacture of claim 37, wherein the code further causes the processor to perform the step of selecting synonyms of the key terms, and wherein the code causes the processor, in the course performing the step of formulating at least one query, to perform the step of formulating a first query 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.

41. The article of manufacture of claim 37, wherein the code further causes the processor to perform the following steps:

selecting synonyms of the key terms; and

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

wherein the code causes the processor, in the course of performing the step of formulating at least one query, to perform the 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 the step of formulating a second query in the first foreign language 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 in the first foreign language, the second query being equivalent to the first query.

42. The article of manufacture of claim 41, wherein the code causes the processor, in the course of performing the step of formulating at least one query, to perform the step of formulating a plurality of queries.

43. The article of manufacture of claim 42, wherein the code further causes the processor to perform the step of organizing the search results according to a criterion of relevance to the patent.

44. The article of manufacture of claim 42, wherein the code causes the processor, in the course of performing the step of launching the at least one query, to perform the step of parallel launching of the plurality of queries.

45. The article of manufacture of claim 41, wherein the code further causes the processor to perform the following steps:

determining a number of distinct search results;

comparing the number of distinct search results to a limit of quantity of search results before the step of reviewing results; and

repeating the steps of formulating at least one query, launching the at least one query, and receiving search results before the step of reviewing the search results if the number of distinct search results exceeds the limit of quantity of search results.

46. The article of manufacture of claim 45, wherein the code further causes the processor to perform the step of organizing the search results according to a criterion of relevance to the patent.

47. The article of manufacture of claim 37, wherein the code further causes the processor to perform the step of eliminating multiple instances of same search result after receiving the search results.

48. The article of manufacture of claim 37, wherein the code causes the processor, in the course of performing the step of formulating at least one query, to perform the step of formulating a plurality of queries.