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

• US 7,801,909 B2
• Filed: 09/18/2003
• Issued: 09/21/2010
• 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:
  US10/665,237
• Publication Number:
  US 20040078365A1
• Time in Patent Office: 2,560 Days
• Field of Search: None
• US Class Current: 707/765
• 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 707/932 Infringement detection

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 potential patent infringement, comprising:

means for inputting information regarding a patent;

a processing device configured to;

identify at least one claim of the patent,

parse the at least one claim to identify at least one term in the at least one claim,

formulate a search query comprising the at least one term,

automatically generate and transmit a natural language question to a chat room,

obtain information regarding at least one of a product, products, a service, and services from the chat room in response to the question, and

perform a search of the information regarding at least one of a product, products, a service, and services using the search query; and

means for outputting result of the search.

2. The apparatus of claim 1, wherein the apparatus is a laptop or notebook computer.

3. The apparatus of claim 1, further comprising:

a database, wherein the database contains product descriptions.

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 a 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 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 is configured to utilize 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 at least one claim comprises an independent claim.

9. The apparatus of claim 8, wherein the processing device is configured to parse the information contained in the independent claim to identify text information corresponding to preamble of the independent claim and to a claim limitation of the independent claim.

10. The apparatus of claim 1, wherein the at least one term comprises a first term and a second term, and wherein the processing device is further configured to formulate the search query so that the search query imposes a proximity constraint requiring the first term to be found within a predefined proximity of the second term.

11. The apparatus of claim 1, wherein the search query further contains a synonym of the at least one term.

12. The apparatus of claim 1, wherein the at least one term comprises a plurality of terms, and the search query comprises an accuracy constraint requiring presence of a pre-defined percentage of the terms.

13. The apparatus of claim 1, wherein the processing device is configured to automatically perform the search by utilizing a meta search engine.

14. The apparatus of claim 1, wherein the processing device is configured to perform the search on a web site associated with at least one of a manufacturer, a wholesaler, and a retailer, of the at least one of a product, products, a service, and services.

15. The apparatus of claim 1, wherein the processing device is configured to perform the search on at least one of advertising information, marketing information, product review information, services review information, manufacturer information, and distributor information.

16. The apparatus of claim 1, wherein the processing device is configured to generate a claim chart in a plurality of languages.

17. The apparatus of claim 1, wherein the processing device is configured to automatically perform the search on a publication that references the patent.

18. The apparatus of claim 1, wherein the processing device is configured to automatically ascertain at least one of an inventor and an assignee of the patent.

19. The apparatus of claim 1, wherein the at least one of a product, products, a service, and services comprises a first product marked with at least one of a patent number and a patent pending notice.

20. The apparatus of claim 1, wherein the processing device is configured to generate a claim chart of the patent, and the claim chart contains preamble text information and text information for at least one claim limitation, and further wherein the claim chart contains information identifying matter in an identified product or service, the matter corresponding to the preamble text information and the text information for the at least one claim limitation.

21. The apparatus of claim 20, wherein the at least one term is at least one of highlighted, underlined, and emboldened in the claim chart.

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

23. The apparatus of claim 1, wherein the apparatus is utilized in conjunction with an optical communications network.

24. An apparatus for identifying potential patent infringement, comprising:

means for inputting information regarding a patent;

a processing device configured to;

identify at least one claim of the patent,

parse the at least one claim to identify at least one term in the at least one claim,

formulate a search query comprising the at least one term,

automatically generate a natural language question for use in obtaining information and transmit the natural language question to an on-line bulletin board,

obtain information regarding at least one of a product, products, a service, and services from the on-line bulletin board in response to the question, and

perform a search of the information regarding at least one of a product, products, a service, and services using the search query; and

means for outputting result of the search.

25. An apparatus for analyzing potential patent infringement, comprising:

a receiver for receiving information regarding a patent;

a processing device configured to;

identify at least one claim of the patent,

parse the at least one claim to identify at least one term in the at least one claim,

automatically generate a natural language question,

transmit the natural language question to a chat room,

obtain information regarding at least one of a product and a service from the chat room in response to the natural language question,

formulate a search query comprising the at least one term,

generate a claim chart, and

perform a search of the information regarding at least one of a product and a service using the query; and

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

26. The apparatus of claim 25, wherein the apparatus comprises a server.

27. The apparatus of claim 25, further comprising:

a database, wherein the database contains product descriptions.

28. The apparatus of claim 25, 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.

29. The apparatus of claim 28, wherein the processing device is configured to utilize 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.

30. The apparatus of claim 25, wherein the at least one claim comprises an independent claim.

31. The apparatus of claim 30, wherein the processing device is configured to automatically parse the information contained in the independent claim to identify text information corresponding to preamble of the independent claim and to a claim limitation of the independent claim.

32. The apparatus of claim 25, wherein the search query further contains a synonym of the at least one term.

33. The apparatus of claim 25, wherein the at least one term comprises a plurality of terms, and the search query comprises an integrity constraint requiring presence of a pre-defined percentage of the terms.

34. The apparatus of claim 25, wherein the processing device is configured to perform the search by utilizing a meta search engine.

35. The apparatus of claim 25, wherein the processing device is configured to perform the search on a web site associated with at least one of a manufacturer, a wholesaler, and a retailer of the at least one of a product and a service.

36. The apparatus of claim 25, wherein the processing device is configured to perform the search on at least one of advertising information, marketing information, product review information, services review information, manufacturer information, and distributor information.

37. An apparatus for analyzing potential patent infringement, comprising:

a receiver for receiving information regarding a patent;

a processing device configured to;

identify at least one claim of the patent,

parse the at least one claim to identify at least one term in the at least one claim,

automatically generate a natural language question for use in obtaining information from an on-line bulletin board,

transmit the natural language question to the on-line bulletin board,

obtain information regarding at least one of a product and a service from the on-line bulletin board in response to the natural language question,

formulate a search query comprising the at least one term,

generate a claim chart, and

perform a search of the information regarding at least one of a product and a service using the query; and

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

38. The apparatus of claim 37, wherein the processing device is configured to generate the claim chart in a plurality of languages.

39. The apparatus of claim 37, wherein the processing device is configured to automatically perform the search on a publication that references the patent.

40. The apparatus of claim 37, wherein the processing device is configured to automatically ascertain at least one of an inventor and an assignee of the patent.

41. The apparatus of claim 37, wherein the at least one of a product and a service comprises a first product marked with at least one of a patent number and a patent pending notice.

42. The apparatus of claim 37, wherein the claim chart contains at least one of preamble text information and text information for at least one claim limitation, and further wherein the claim chart contains information regarding whether an identified product or service contains features of at least one of a claim preamble of the patent and a claim limitation of the patent, literally or under the Doctrine of Equivalents.

43. The apparatus of claim 42, wherein the at least one term is at least one of highlighted, underlined, and emboldened in the claim chart.

44. The apparatus of claim 37, wherein the apparatus is programmed for automatic operation.

45. The apparatus of claim 37, wherein the apparatus is utilized in conjunction with an RF signal communications network.

46. A computer-implemented method for 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 a claim of the patent;

parsing the claim to identify at least one term in the claim;

formulating a search query containing the at least one term;

automatically generating a natural language question for use in obtaining information from a chat room or an on-line bulletin board;

transmitting the natural language question to the chat room or the on-line bulletin board;

in response to the question, obtaining information regarding at least one of a product, products, a service, and services;

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

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

outputting the claim chart information.

47. The method of claim 46, wherein the method is performed with a laptop or notebook computer.

48. The method of claim 46, wherein the step of searching comprises:

searching a database.

49. The method of claim 46, 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.

50. The method of claim 46, 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.

51. The method of claim 46, wherein the step of identifying comprises:

parsing the text information of the patent in order to identify the claims of the patent.

52. The method of claim 51, wherein the step of identifying comprises utilizing at least one of a word processing searching technique, a text analysis processing technique, and a semantic analysis processing technique.

53. The method of claim 46, wherein the claim is an independent claim.

54. The method of claim 53, further comprising:

parsing the information contained in the independent claim to identify text information corresponding to claim preamble of the independent claim and to at least one claim limitation of the independent claim.

55. The method of claim 46, wherein the search query further contains a synonym of the at least one term.

56. The method of claim 46, wherein the at least one term comprises a plurality of terms, and the search query comprises an accuracy constraint requiring presence of a pre-defined percentage of the number of the terms.

57. The method of claim 46, wherein the step of searching comprises:

utilizing a meta search engine.

58. The method of claim 46, wherein the step of searching comprises:

searching a web site associated with at least one of a manufacturer, a wholesaler, and a retailer of the at least one of a product, products, a service, and services.

59. The method of claim 46, wherein the step of searching comprises:

searching product review information.

60. The method of claim 46, wherein the step of generating claim chart information comprises:

generating the claim chart information in a plurality of languages.

61. The method of claim 46, wherein the step of searching comprises:

automatically searching a publication that references the patent.

62. The method of claim 46, further comprising:

automatically ascertaining at least one of an inventor and an assignee of the patent.

63. The method of claim 46, wherein:

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

64. The method of claim 46, wherein the claim chart information contains at least one of preamble text information and text information for at least one claim limitation, and further wherein the claim chart information contains information regarding whether an identified product or service contains features of at least one claim limitation, literally or under the Doctrine of Equivalents.

65. The method of claim 64, further comprising:

causing the at least one term in the claim chart information to be at least one of highlighted, underlined, and emboldened.

66. The method of claim 46, wherein the method is performed automatically.

67. The method of claim 46, wherein the method is performed in conjunction with a wireless communication network.

68. A computer-implemented method for analyzing potential patent infringement, comprising:

receiving information regarding a patent;

processing the information regarding the patent;

identifying a claim of the patent;

formulating a search query containing terms in the claim and a foreign language translation of at least one of the terms;

automatically generating a natural language question for use in obtaining information from a chat room or an on-line bulletin board;

transmitting the natural language question to the chat room or the on-line bulletin board;

in response to the question, obtaining information regarding at least one of a product, products, a service, and services from the chat room or the on-line bulletin board;

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

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

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

69. The method of claim 68, wherein the method is performed with a server.

70. The method of claim 68, wherein the step of searching comprises:

searching a database.

71. The method of claim 68, wherein the step of identifying comprises:

parsing the text information of the patent in order to identify the claims of the patent.

72. The method of claim 68, wherein the step of identifying comprises automatically using 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.

73. The method of claim 68, wherein the claim is an independent claim.

74. The method of claim 73, further comprising:

parsing the information contained in the independent claim to identify preamble of the independent claim and at least one claim limitation of the independent claim.

75. The method of claim 68, wherein the search query further contains a synonym for the at least one of the terms.

76. The method of claim 68, wherein the search query comprises an accuracy constraint requiring presence of a pre-defined percentage of the number of the terms of the plurality of terms.

77. The method of claim 68, wherein the step of searching comprises:

searching the information regarding at least one of a product, products, a service, and services, by utilizing a meta search engine.

78. The method of claim 68, wherein the step of searching comprises:

searching a web site associated with at least one of a manufacturer, a wholesaler, and a retailer of the at least one of a product, products, a service, and services.

79. The method of claim 68, wherein the step of searching comprises:

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

80. The method of claim 68, wherein the step of generating claim chart information comprises:

generating the claim chart information in a plurality of languages.

81. The method of claim 68, wherein the step of searching comprises:

automatically searching a publication that references the patent.

82. The method of claim 68, further comprising:

automatically ascertaining at least one of an inventor and an assignee of the patent.

83. The method of claim 68, wherein:

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

84. The method of claim 68, wherein the claim chart information contains at least one of preamble text information and text information for at least one claim limitation, and further wherein the claim chart information contains information regarding whether an identified product or service contains features of at least one claim limitation, literally or under the Doctrine of Equivalents.

85. The method of claim 84, further comprising:

causing the at least one of the terms in the claim chart information to be at least one of highlighted, underlined, and emboldened.

86. The method of claim 68, wherein the method is performed automatically.

87. The method of claim 68, wherein the method is performed in conjunction with a satellite communications network.