Method for analyzing and recording innovations

• US 20030033295A1
• Filed: 07/11/2002
• Published: 02/13/2003
• Est. Priority Date: 07/11/2001
• Status: Abandoned Application

• Current Assignee: Marc S. Adler, Stephen E. Johnson
• Original Assignee: Marc S. Adler, Stephen E. Johnson
• Inventors: Adler, Marc Stephen, Johnson, Stephen E.
• Application Number:
  US10/193,572
• Publication Number:
  US 20030033295A1
• Time in Patent Office: Days
• US Class Current: 707/3
• CPC Class Codes: G06F 16/332 Query formulation
• CPC Class Codes: G06F 2216/11 Patent retrieval
• CPC Class Codes: G06Q 50/18 Legal services

Abstract

A data processing system comprising an interface, a query builder connected to the interface for receiving the factual information and for building a search query describing the innovation, a search engine connected to the interface and to the query builder, for selecting a database and accessing this database via a transmission network and for searching the query in the database, a relevancy filter for filtering the search result provided by the search engine, means for comparing the search query with the filtered prior art output by the relevancy filter and a statutory analyzer for analyzing the comparison. A computer implemented electronic records system and a data processing system for automatically maintaining an electronic laboratory records system and a corresponding method, and to a computer program product directly loadable into the internal memory of a computing apparatus or network.

Claims

1. A method for assessing the patentability of an innovation comprising the steps of:

building a search query describing the innovation;

searching the query in at least one publication database,

filtering the search result using relevancy criteria to form a filtered search result of prior art;

comparing the search query with the filtered prior art, and

applying a statutory analyzer to the comparison to determine the patentability of the innovation.

2. The method of claim 1, wherein the step of building a search query includes the steps of receiving a description of the innovation;

and constructing one or more claims from the description.

3. The method of claim 1 wherein the step of building said search query includes the step of receiving a description of background information concerning the innovation, and filtering said background information to determine whether a statutory bar to patentability exists.

4. The method of claim 1 wherein a query concept and one or more claims are built in said query building step .

5. The method of claim 1 wherein a user may interact with the search results during the search step by selecting or rejecting one or more of the search results, and wherein said interaction is used by the search step in performing iterative searches.

6. The method of claim 1, wherein said innovation is being evaluated for patentability and wherein the step of building a search query includes receiving at least one claim and a supportive description;

and applying a concept query tool to said claim and information to build said search query.

7. The method of claim 1 wherein the searching step further comprises performing a natural language search.

8. The method of claim 1, wherein the searching step further comprises performing a word frequency search.

9. The method of claim 1, wherein the searching step further comprises performing a search based on Bayesian probabilities.

10. The method of claim 1, wherein said at least one database includes at least one issued patent database containing a plurality of issued patents.

11. The method of claim 1, wherein the at least one database includes at least one non-patent prior art database.

12. The method of claim 1, wherein the step of performing a search includes the step of searching the Internet.

13. The method of claim 3, wherein said innovation is being evaluated for patentability wherein said background information comprises a conception date of the innovation.

14. The method of claim 13 wherein the background information further comprises information concerning any prior public use, publication, patenting, disclosure or sale of the innovation.

15. The method of claim 3, wherein the filtering step further comprises

determining whether each of said search result of documents qualifies as prior art based on said conception date under 35 USC 102;

and

determining whether any acts of the innovator constitute a statutory bar to patentability.

16. The method of claim 1, wherein said innovation is being evaluated for infringement and wherein the filtering step further comprises eliminating any expired and abandoned patents.

17. The method of claim 1 for determining patentability, wherein said filtered search result includes at least one prior art document having a portion relevant to said innovation and wherein the charting step displays the portions of the relevant prior art document adjacent to said claim or claims of said innovation.

18. A method for conducting a preliminary assessment of the infringement of a patent by an innovation comprising the steps of:

building a search query describing the innovation;

searching the query in at least one publication database including a patent database,

filtering the search result using relevancy criteria to form a filtered search result of prior art patents;

comparing the search query with the claims of the filtered prior art patents, and

applying a statutory analyzer to the comparison to determine whether the innovation infringes the patent.

19. A system for identifying and evaluating an innovation in view of prior art publications comprising a user interface, a query builder in communication with an interactive search engine and the user interface, the interactive search engine comprising a plurality of search tools in communication with at least one document database, a relevancy filter in communication with the search engine and the user interface, a charting engine in communication with the relevancy filter and one or more document databases, and a statutory analyzer in communication with the charting engine, a statutory database and the user interface.

20. The system of claim 19 wherein the interactive search engine further comprises a plurality of search tools in communication with the at least one document database

21. The system of claim 19 wherein said query builder further comprises a claim construction means and a query concept builder.

22. The system of claim 20 wherein the search engine further comprises at least one search tool having concept searching capability .

23. The system of claim 19, wherein said interactive search engine has a feedback mechanism in communication with the user through said user interface.

24. The system of claim 19, wherein said searching engine comprises one or more search tools selected from the group consisting of a natural language search, a word frequency search and a concept search based on Bayesian probabilities.

25. The system of claim 19, wherein said at least one database includes at least one issued patent database containing a plurality of issued patents.

26. The system of claim 19, wherein said innovation is being evaluated for patentability and wherein said at least one database includes at least one non-patent prior art database.

27. The system of claim 19, wherein said searching engine is in communication with the Internet.

28. An electronic laboratory records system that comprises a custodian that manages, stores, maintains, authenticates, and distributes at least one system that is electronically bound to at least one inventor, authorizing the inventor to enter, amend, edit, affix and sign an electronic documents including data, text, notes in an electronically fixed form;

authorizing at least one witness to read and witness the inventor'"'"'s relevant electronic records;

securely storing and maintaining the records in an electronically bound and unaltered fixed form, providing authorized persons access to the records for electronic distribution or on demand in a fixed form and providing the records contained within the system in an unaltered, electronic fixed form that meets evidentiary requirements.

29. A method for providing an electronic laboratory records system to at least one inventor which comprises the steps of:

a) defining a custodian of the electronic records system, the custodian comprising at least one party that manages, stores, maintains, authenticates, and distributes at least one system that is electronically bound to at least one inventor,

b) authorizing the inventor to enter, amend, edit, affix and sign an electronic documents including data, text, notes in an electronically fixed form;

c) authorizing at least one witness to read and witness the inventor'"'"'s relevant electronic records, the authorization provided by the custodian;

d) securely storing and maintaining the records in an electronically bound and unaltered fixed form;

e) providing authorized persons access to the records for electronic distribution or on demand in a fixed form;

f) and providing the records contained within the system in an unaltered, electronic fixed form that meets evidentiary requirements.

30. A data processing system suitably programmed for automatically assessing innovations with respect to patentabiltiy or infringement, said data processing system comprising:

an interface (5) for inputting factual information concerning the innovation and a type of assessment to be carried out;

a query builder (7) connected to the interface (5) for receiving the factual information and for building a search query describing the innovation based on the factual information;

a search engine (9) connected to the interface (5) and to the query builder (7), for selecting a database (11) from a plurality of databases on the basis of the type of assessment to be carried out, accessing the database (11) from the plurality of databases via a transmission network and for searching the query in the database (11) from the plurality of databases;

a relevancy filter (17) for filtering the search result provided by the search engine (9) using relevancy criteria to form a filtered search result of prior art and outputting the filtered search result of prior art;

means for comparing the search query with the filtered prior art output by the relevancy filter (17); and

a statutory analyzer (23) for analyzing the comparison to determine the assessment of the innovation with respect to patentabilty or infringement of the innovation, the statutory analyzer (23) being connected to the interface (5) which automatically outputs the assessment of the innovation with respect to patentabilty or infringement of the innovation; and

outputting the assessment of the innovation with respect to patentabilty or infringement of the innovation, providing a refined set of electronic documents, meeting evidentiary requirements in a legal proceeding and providing electronic documents that a limited number of authorized parties can securely share or access over a secure computing network or receive in a fixed form.

31. The system in accordance with claim 30, wherein said search engine (9) has a feedback mechanism which outputs search results via the interface and adapts the search in response to an input via the interface (5).

32. The system in accordance with one of claim 30, wherein said searching engine comprises one or more search tools selected from the group consisting of a natural language search, a word frequency search, a linguistic analysis, a concept search based on Bayesian probabilities, keywords (5), search fields (6), word and subject vector analysis (8), Metacode (8), unstructured text (8), pattern matching algorithms (8), language algorithms (8), textual concepts (8), claim construction (9), claim elements (9), language interpretation algorithms (10), language translation algorithms (11), natural language analysis (34), syntatic parsing (34), morpholigical and semantic analysis (34), word sense disambiguation (34), chemical formulas (34), metatags (34), data strings (34), thesaurus analysis algorithms (8) and combinations thereof.

33. The system in accordance with one of claim 30, wherein said plurality of databases includes at least one issued patent database containing a plurality of issued patents or at least one non-patent prior art database.

34. The system in accordance with one of claim 30, wherein said transmission network is selected from the group consisting of a computer network, the Internet and an Intranet and wherein the digital outcome is a refined set of electronic documents which are admissible in a legal proceeding, meeting evidentiary requirements and provide electronic documents that a limited number of authorized parties can securely share or access over a secure computing network or receive in a fixed form.

35. A method in a data processing system for automatically assessing innovations with respect to patentabiltiy or infringement, said method comprising the steps of:

inputting factual information concerning the innovation and a type of assessment to be carried out;

receiving the factual information;

building a search query describing the innovation based on the factual information;

selecting a database (11) from a plurality of databases on the basis of the type of assessment to be carried out;

accessing the database (11) from the plurality of databases via a transmission network;

searching the query in the database (11) from the plurality of databases;

filtering the search result provided by the search engine (9) using relevancy criteria to form a filtered search result of prior art and outputting the filtered search result of prior art;

comparing the search query with the filtered prior art output by the relevancy filter (17);

analyzing the comparison to determine the assessment of the innovation with respect to patentabiltiy or infringement of the innovation; and

outputing the assessment of the innovation with respect to patentabiltiy or infringement of the innovation.

36. A data processing system for automatically maintaining an electronic laboratory records system, the data processing system comprising:

an input device for entering information into an electronic document which is part of the electronic laboratory records stored in a memory;

first output means for outputting a first request for requesting a first signature from a first user to be input into the electronic document;

first receiving means for receiving the first signature input by the first user and affixing it to the electronic document;

first time stamping means for automatically attaching a first time stamp to the electronic document which corresponds to the time when the first signature was input;

automatic locking means for automatically locking the information in the stamped electronic document with the first signature such that the information cannot be altered;

means for automatically forwarding the locked electronic document to a second user;

means for displaying the information to the second user;

second output means for outputting a second request for requesting a second signature from the second user to be input into the electronic document;

second receiving means for receiving the second signature input by the second user and affixing it to the electronic document; and

second time stamping means for automatically attaching a second time stamp to the electronic document which corresponds to the time when the second signature was input, providing a refined set of electronic documents, meeting evidentiary requirements in a legal proceeding and providing electronic documents that a limited number of authorized parties can securely share or access over a secure computing network or receive in a fixed form.

37. A system according to claim 36, further comprising:

access restriction means for restricting an access to the locked electronic document including the first and second time stamps and the first and second signatures to authorized users.

39. A computer program product directly loadable into the internal memory of a digital computer, comprising software code portions for performing the steps of claim 36 or claim 38 when said product is run on a computer.

38. A method in a data processing system for automatically maintaining an electronic laboratory records system, the method comprising the steps of:

entering information into an electronic document which is part of the electronic laboratory records stored in a memory;

outputting a first request for requesting a first signature from a first user to be input into the electronic document;

receiving the first signature input by the first user and affixing it to the electronic document;

attaching a first time stamp to the electronic document which corresponds to the time when the first signature was input;

locking the information in the stamped electronic document with the first signature such that the information cannot be altered;

forwarding the locked electronic document to a second user;

displaying the information to the second user;

outputting a second request for requesting a second signature from the second user to be input into the electronic document;

receiving the second signature input by the second user and affixing it to the electronic document;

attaching a second time stamp to the electronic document which corresponds to the time when the second signature was input.