Apparatus and method for automated and assisted patent claim mapping and expense planning

• US 9,904,726 B2
• Filed: 05/04/2012
• Issued: 02/27/2018
• Est. Priority Date: 05/04/2011
• Status: Active Grant

• Current Assignee: Black Hills IP Holdings, LLC
• Original Assignee: Black Hills IP Holdings, LLC
• Inventors: Lundberg, Steven W.
• Primary Examiner(s): CHANNAVAJJALA, SRIRAMA T
• Application Number:
  US13/464,598
• Publication Number:
  US 20120284199A1
• Time in Patent Office: 2,125 Days
• Field of Search: 707705-708, 707729-731, 707755-756, 707758, 707763, 707793-794, 707803-804, 707723, 707736, 707749-751, 707766, 707771, 707779, 707802, 707805, 707930-932, 715273, 715809, 715968, 345594, 345650, 345661, 345676
• CPC Class Codes: G06F 16/3326 using relevance feedback from the user, e.g. relevance feedback on documents, documents sets, document terms or passages
• CPC Class Codes: G06F 16/3329 Natural language query formulation or dialogue systems
• CPC Class Codes: G06F 16/3344 using natural language analysis
• CPC Class Codes: G06F 16/338 Presentation of query results
• CPC Class Codes: G06F 16/345 Summarisation for human users
• CPC Class Codes: G06F 16/35 Clustering; Classification
• CPC Class Codes: G06F 16/374 Thesaurus
• CPC Class Codes: G06F 16/40 of multimedia data, e.g. slideshows comprising image and additional audio data retrieval of still image data G06F16/50; retrieval of audio data G06F16/60; retrieval of video data G06F16/70
• CPC Class Codes: G06F 16/9017 using directory or table look-up use of a directory or look-up table in file systems G06F16/13
• CPC Class Codes: G06F 16/93 Document management systems
• CPC Class Codes: G06F 16/951 Indexing; Web crawling techniques
• CPC Class Codes: G06F 40/247 Thesauruses; Synonyms
• CPC Class Codes: G06F 40/289 Phrasal analysis, e.g. finite state techniques or chunking
• CPC Class Codes: G06F 40/30 Semantic analysis
• CPC Class Codes: G06Q 10/00 Administration; Management
• CPC Class Codes: G09G 5/00 Control arrangements or circuits for visual indicators common to cathode-ray tube indicators and other visual indicators image data processing or generation, in general G06T

Abstract

An apparatus and computer implemented method that include obtaining, into a computer, text of a patent, automatically finding and extracting, using the computer, a set of claim text from the patent text, identifying, using the computer, text of independent claims from the set of claim text, displaying in a first row on a computer monitor the text of the independent claims, automatically determining a plurality of preliminary scope-concept phrases from the text of the independent claims, displaying in a second row on the computer monitor the text of the plurality of preliminary scope-concept phrases, eliciting and receiving user input to specify a first one of the plurality of preliminary scope-concepts phrases, and highlighting each occurrence of the specified first one of the plurality of preliminary scope-concept phrases in a plurality of the independent claims displayed in the first row. A scope concept builder tool is also provided.

Claims

1. A computer-implemented method comprising:

obtaining, into a computer, text of a first patent;

automatically finding and extracting, using the computer, claim text from the text of the first patent;

identifying, using the computer, text of a first plurality of claims from the claim text of the first patent;

displaying in a first area on a computer monitor the text of the first plurality of claims;

automatically generating, from the first plurality of claims, text of a plurality of preliminary scope-concept phrases derived from the first plurality of claims, wherein the plurality of preliminary scope-concept phrases includes a first preliminary scope-concept phrase and a second preliminary scope-concept phrase;

displaying in a second area on the computer monitor the text of least the first and second preliminary scope-concept phrases from the first plurality of claims;

eliciting and receiving user input to select a first specified one of the displayed preliminary scope-concepts phrases; and

highlighting each occurrence of the first specified one of the displayed preliminary scope-concept phases in a plurality of the first plurality of claims displayed in the first area that contain the first specified one of the plurality of preliminary scope-concept phrases;

wherein the generating of the plurality of preliminary scope-concept phrases further includes;

first-processing word-by-word through a first selected claim, and for a first selected word in the first claim identifying a plurality of other claims having that first selected word, thus identifying a first one-word preliminary scope-concept phrase, for a second selected word in the first selected claim identifying a plurality of other claims having that second selected word, thus identifying a second one-word preliminary scope-concept phrase, and repeating this first processing for each of a plurality of words in the first selected claim;

second processing word-by-word through the first selected claim, and for a first selected two-word sequence of words consisting of the first selected word and the second selected word of the first selected claim, identifying a plurality of other claims having that first selected two-word sequence, thus identifying a first two-word preliminary scope-concept phrase, for a second two-word sequence of words consisting of the second selected word and a third selected word of the first selected claim, identifying a plurality of other claims having that second selected two-word sequence, thus identifying a second two-word preliminary scope-concept phrase, and repeating this second processing for a plurality of other two-word sequences of words in the first selected claim;

third processing word-by-word through the first selected claim for selected three-word sequences of words; and

repeating the above processes, starting with a second selected claim, for one-word, two-word, and three-word preliminary scope-concept phrases.

2. The method of claim 1, wherein the first area and the second area are each vertical rows, the method further comprising:

eliciting and receiving user input to modify the first one of the displayed plurality of preliminary scope-concepts phrases to generate text of a modified first scope-concept; and

highlighting each occurrence of the text of the modified first scope-concept in a plurality of the first plurality of claims displayed in the first area.

3. The method of claim 1, wherein the first area and the second area are each vertical rows, the method further comprising:

eliciting and receiving user input to shorten the first one of the displayed plurality of preliminary scope-concepts phrases to generate text of a shortened first scope-concept; and

highlighting each occurrence of the text of the shortened first scope-concept in a plurality of the first plurality of claims displayed in the first area.

4. The method of claim 1, wherein the first area and the second area are each vertical rows, the method further comprising:

eliciting and receiving user input to specify a first equivalent scope concept, wherein the first equivalent scope concept is associated with a first set of scope concepts having text of more than one of the plurality of preliminary scope-concepts phrases; and

highlighting each occurrence of the text of the first set of scope concepts in a plurality of the first plurality of claims displayed in the first area.

5. The method of claim 1, wherein the first area and the second area are each vertical rows, the method further comprising:

eliciting and receiving user input to specify at least two of the plurality of preliminary scope-concepts phrases as being equivalent scope-concept phrases; and

highlighting each occurrence of each of the equivalent scope-concept phrases in a plurality of the first plurality of claims displayed in the first area.

6. The method of claim 1, wherein the generating of the plurality of preliminary scope-concept phrases further includes:

automatically generating, using the computer, a plurality of sets of equivalent search phrases including a first set and a second set, wherein equivalent search phrases in the first set each have different wordings but the same meaning as meanings the first preliminary scope-concept phrase, wherein equivalent search phrases in the second set each have different wordings but the same meaning as the second preliminary scope-concept phrase; and

highlighting, in the first plurality of claims displayed in the first row, each occurrence of the equivalent search phrases in the first set and the second set of equivalent search phrases.

7. The method of claim 6, wherein the automatically generating of the plurality of sets of search phrases further includes:

eliciting and receiving user input to;

specify a first set of the automatically generated equivalent search phrases to highlight when highlighting claims equivalent search phrases in the first plurality of claims displayed in the first row; and

specify a second set of the automatically generated equivalent search phrases to refrain from highlighting when highlighting equivalent search phrases in the first plurality of claims displayed in the first row.

8. The method of claim 1, wherein the computer implemented method further includes:

identifying the maintenance fee schedule for the first patent, wherein the maintenance fee schedule includes at least the next maintenance fee payment due for the first patent; and

displaying on the computer monitor the maintenance fee schedule.

9. The method of claim 1, wherein the automatically generating the first preliminary scope-concept phrase includes selecting a first contiguous string of words that exists in each of a plurality of the first plurality of claims of the first patent, and wherein the automatically generating the second preliminary scope-concept phrase includes selecting a second contiguous string of words that exists in each of a plurality of the first plurality of claims of the first patent.

10. The method of claim 9, further comprising:

automatically classifying a first subset of the text of the first plurality of claims as trivial text and classifying a second remaining subset of the text that as non-trivial text;

eliciting and receiving user input to specify at least two of the plurality of preliminary scope-concepts phrases as being mapped scope-concept phrases;

evaluating how much of the non-trivial text has been covered by each one of the mapped scope-concept phrases; and

displaying a graphical representation of how much of the non-trivial text has been covered by each one of the mapped scope-concept phrases.

11. The method of claim 10, further comprising:

generating a data structure having a scope-concept map from the specified mapped scope-concept phrases; and

displaying the scope concept map on the computer monitor.

12. The method of claim 1, further comprising:

eliciting and receiving user input to specify a second one of the displayed plurality of preliminary scope-concepts phrases; and

highlighting each occurrence of the specified second one of the plurality of preliminary scope-concept phrases in each of the first plurality of claims displayed in the first area that contains the specified second one of the plurality of preliminary scope-concept phrases, wherein a visual appearance of the highlighting of the second one of the plurality of preliminary scope-concept phrases is different than a visual appearance of the highlighting of the first one of the plurality of preliminary scope-concept phrases.

13. An apparatus comprising:

a computer;

a storage unit operatively coupled to the computer, wherein the storage unit has text of a first patent;

a location-and-extraction unit in the computer that finds and extracts claim text from the text of the first patent, and places the extracted claim text of the first patent into the storage unit;

a first-claim-identifier unit in the computer that identifies text of a first plurality of claims from the claim text of the first patent;

an automatic preliminary scope-concept-phrase locator in the computer that locates, from the first plurality of claims, a plurality of preliminary scope-concept phrases including a first preliminary scope-concept phrase and a second preliminary scope-concept phrase;

a user input device operatively coupled to the computer to elicit and receive a specification of a first one of the plurality of preliminary scope-concepts phrases; and

a display unit operatively coupled to the computer to display in a first area on a computer monitor the text of the first plurality of claims, and to display in a second area on the computer monitor the text of the plurality of preliminary scope-concept phrases from the first plurality of claims, and to highlight each occurrence of the specified first one of the plurality of preliminary scope-concept phrases in a plurality of the first plurality of claims displayed in the first area;

wherein the scope-concept-phrase locator further includes;

a first word-by-word processor that processes through a first selected claim, and for a first selected word in the first selected claim identifies a plurality of other claims that have that first selected word, thus identifies a first one-word preliminary scope-concept phrase, then for a second selected word in the first selected claim identifies a plurality of other claims that have that second selected word, thus identifies a second one-word preliminary scope-concept phrase, wherein the first word-by-word processor repeats such process for each of a plurality of words in the first selected claim;

a second word-by-word processor that processes through the first selected claim, and for a first selected two-word sequence of words that consists of the first selected word and the second selected word of the first selected claim, identifies a plurality of other claims that have that first selected two-word sequence, and thus identifies a first two-word preliminary scope-concept phrase, then for a second two-word sequence of adjacent words that consists of the second selected word and a third selected word of the first claim, identifies a plurality of other claims that have that second two-word sequence, and thus identifies a second two-word preliminary scope-concept phrase, wherein the second word-by-word processor repeats such process for a plurality of two-word sequences of words in the first selected claim; and

a third word-by-word processor that processes through the first claim for three-word sequences of words to generate three-word scope concepts;

wherein the scope-concept-phrase locator invokes the first word-by-word processor, the second word-by-word processor, and the third word-by-word processor for a second selected claim relative to a plurality of other claims in the patent.

14. The apparatus of claim 13,

wherein the first area and the second area are each vertical rows, wherein the user input device is also to elicit and receive user input to modify the first one of the displayed plurality of preliminary scope-concepts phrases to generate text of a modified first scope-concept;

and

wherein the display unit is also to highlight each occurrence of the text of the modified first scope-concept in a plurality of the first plurality of claims displayed in the first area.

15. The apparatus of claim 13,

wherein the automatic preliminary scope-concept-phrase locator is further to automatically generate a plurality of sets of equivalent search phrases including a first set and a second set, wherein equivalent search phrases in the first set each have different wordings but the same meaning as the first preliminary scope-concept phrase, wherein equivalent search phrases in the second set each have different wordings but the same meaning as the second preliminary scope-concept phrase;

and

wherein the display unit is also to highlight, in the first plurality of claims displayed in the first row, each occurrence of the equivalent search phrases in the first set and the second set of equivalent search phrases.

16. The apparatus of claim 15, wherein the user input device is also to elicit and receive user input to:

specify a first set of the automatically generated equivalent search phrases to highlight when highlighting claims equivalent search phrases in the first plurality of claims displayed in the first row; and

specify a second set of the automatically generated equivalent search phrases to refrain from highlighting when highlighting equivalent search phrases in the first plurality of claims displayed in the first row.

17. The apparatus of claim 13, further comprising:

a maintenance fee schedule identifier that identifies the maintenance fee schedule for the first patent, wherein the maintenance fee schedule includes at least the next maintenance fee payment due for the first patent; and

wherein the display unit is also to display the maintenance fee schedule.

18. The apparatus of claim 13, wherein the user-input device further elicits and receives user input to specify at least two of the plurality of preliminary scope-concepts phrases as being mapped scope-concept phrases, the apparatus further comprising:

a non-triviality unit that automatically determines a first subset of the text of the first plurality of claims that is to be considered trivial text and a second remaining subset that is to be considered non-trivial text;

a map unit that generates a data structure having a scope-concept map from the specified mapped scope-concept phrases; and

an evaluation unit that evaluates how much of the non-trivial text has been covered by each one of the mapped scope-concept phrases, wherein the display unit displays a graphical representation of how much of the non-trivial text has been covered by each one of the mapped scope-concept phrases, and wherein the display unit displays the scope concept map on the computer monitor.

19. The apparatus of claim 13,

wherein the user input device is also to elicit and receive user input to specify a second one of the displayed plurality of preliminary scope-concepts phrases;

and

wherein the display unit is also to highlight each occurrence of the specified second one of the plurality of preliminary scope-concept phrases in each of the first plurality of claims displayed in the first area that contains the specified second one of the plurality of preliminary scope-concept phrases, wherein a visual appearance of the highlight of the second one of the plurality of preliminary scope-concept phrases is different than a visual appearance of the highlight of the first one of the plurality of preliminary scope-concept phrases.

20. The apparatus of claim 13,

wherein the user input device is also to elicit and receive user input to specify a second one of the displayed plurality of preliminary scope-concepts phrases;

and

wherein the display unit is also to highlight each occurrence of the specified second one of the plurality of preliminary scope-concept phrases in each of the first plurality of claims displayed in the first area that contains the specified second one of the plurality of preliminary scope-concept phrases, wherein a visual appearance of the highlight of the second one of the plurality of preliminary scope-concept phrases is different than a visual appearance of the highlight of the first one of the plurality of preliminary scope-concept phrases.

21. A non-transitory computer-readable medium having instructions stored thereon that when executed on a suitably programmed computer cause the computer to perform a non-transitory computer-readable medium comprising:

obtaining, into a computer, text of a first patent;

automatically finding and extracting, using the computer, claim text from the text of the first patent;

identifying, using the computer, text of a first plurality of claims from the claim text of the first patent;

displaying in a first area on a computer monitor the text of the first plurality of claims;

automatically generating, from the first plurality of claims, text of a plurality of preliminary scope-concept phrases derived from the first plurality of claims, wherein the plurality of preliminary scope-concept phrases includes a first preliminary scope-concept phrase and a second preliminary scope-concept phrase;

displaying in a second area on the computer monitor the text of at least the first and second preliminary scope-concept phrases from the first plurality of claims;

eliciting and receiving user input to select a first specified one of the displayed preliminary scope-concepts phrases; and

highlighting each occurrence of the first specified one of the displayed preliminary scope-concept phrases in a plurality of the first plurality of claims displayed in the first area that contain the first specified one of the plurality of preliminary scope-concept phrases;

wherein the generating of the plurality of preliminary scope-concept phrases further includes;

first-processing word-by-word through a first selected claim, and for a first selected word in the first claim identifying a plurality of other claims having that first selected word, thus identifying a first one-word preliminary scope-concept phrase, for a second selected word in the first selected claim identifying a plurality of other claims having that second selected word, thus identifying a second one-word preliminary scope-concept phrase, and repeating this first processing for each of a plurality of words in the first selected claim;

second processing word-by-word through the first selected claim, and for a first selected two-word sequence of words consisting of the first selected word and the second selected word of the first selected claim, identifying a plurality of other claims having that first selected two-word sequence, thus identifying a first two-word preliminary scope-concept phrase, for a second two-word sequence of words consisting of the second selected word and a third selected word of the first selected claim, identifying a plurality of other claims having that second selected two-word sequence, thus identifying a second two-word preliminary scope-concept phrase, and repeating this second processing for a plurality of other two-word sequences of words in the first selected claim;

third processing word-by-word through the first selected claim for selected three-word sequences of words; and

repeating the above processes, starting with a second selected claim, for one-word, two-word, and three-word preliminary scope-concept phrases.

22. The non-transitory computer-readable medium of claim 21, wherein the first area and the second area are each vertical rows, the method further comprising:

eliciting and receiving user input to modify the first one of the displayed plurality of preliminary scope-concepts phrases to generate text of a modified first scope-concept; and

highlighting each occurrence of the text of the modified first scope-concept in a plurality of the first plurality of claims displayed in the first area.

23. The non-transitory computer-readable medium of claim 21, wherein the first area and the second area are each vertical rows, the method further comprising:

eliciting and receiving user input to shorten the first one of the displayed plurality of preliminary scope-concepts phrases to generate text of a shortened first scope-concept; and

highlighting each occurrence of the text of the shortened first scope-concept in a plurality of the first plurality of claims displayed in the first area.

24. The non-transitory computer-readable medium of claim 21, wherein the first area and the second area are each vertical rows, the method further comprising:

eliciting and receiving user input to specify a first equivalent scope concept, wherein the first equivalent scope concept is associated with a first set of scope concepts having text of more than one of the plurality of preliminary scope-concepts phrases; and

highlighting each occurrence of the text of the first set of scope concepts in a plurality of the first plurality of claims displayed in the first area.