Patent optimizer

• US 7,716,581 B2
• Filed: 04/17/2006
• Issued: 05/11/2010
• Est. Priority Date: 02/29/2000
• Status: Expired due to Fees

• Current Assignee: Bao Q. Tran
• Original Assignee: Bao Q. Tran
• Inventors: Tran, Bao Q.
• Primary Examiner(s): Hutton; Doug
• Assistant Examiner(s): Tran; Quoc A
• Application Number:
  US11/405,323
• Publication Number:
  US 20060190807A1
• Time in Patent Office: 1,485 Days
• Field of Search: 715/256, 715/209, 715230-231, 715253-255, 715/273, 715/713, 715/764, 715/851
• US Class Current: 715/273
• CPC Class Codes: G06F 16/2455 Query execution
• CPC Class Codes: G06F 3/0486 Drag-and-drop
• CPC Class Codes: G06F 40/10 Text processing natural language analysis G06F40/20; semantic analysis G06F40/30; processing or translation of natural language G06F40/40
• CPC Class Codes: G06F 40/103 Formatting, i.e. changing of presentation of documents automatic justification G06F40/189; automatic line break hyphenation G06F40/191
• CPC Class Codes: G06F 40/131 Fragmentation of text files, e.g. creating reusable text-blocks; Linking to fragments, e.g. using XInclude; Namespaces
• CPC Class Codes: G06F 40/137 Hierarchical processing, e.g. outlines
• CPC Class Codes: G06F 40/166 Editing, e.g. inserting or deleting
• CPC Class Codes: G06F 40/20 Natural language analysis semantic analysis of natural language G06F40/30
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 30/02 Marketing; Price estimation or determination; Fundraising
• CPC Class Codes: G06Q 30/06 Buying, selling or leasing transactions
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 50/184 Intellectual property management

Abstract

Systems and methods are disclosed to analyze a patent document by receiving patent application text including background, description of drawings, description and claims; generating a claim chart showing claim dependencies; checking for antecedent, support in drawings, support in the description; generating a navigable claim hierarchy; and generating a diagnostic message for the patent document.

Claims

1. A computer implemented method to analyze a patent document, comprising:

generating a claim tree showing inter-claim relationship between descendant and parent claims;

utilizing an interface so that when a user selects a claim a graphical representation of the inter-claim relationship is diagrammed;

moving claims when requested by the user, the claim tree visualizes the inter-claim relationship, wherein moving the claim by using drag and drop selection the claims will automatically be renumbered to show their new inter-claim relationship;

adjusting claims when selected, added, or deleted, wherein all other claims will be automatically be adjusted and renumbered; and

checking the claims for antecedent and support in drawings and support in description; and

indexing terms in the claims, along with automatically detecting and displaying a claim number from a claim text and claim status as independent claim type or dependent claim type; and

identifying broader and narrower terms, and prompting a user whether a predetermined element is necessary or whether the predetermined element is not needed in a design around.

2. The method of claim 1, further comprising checking terms in the document and for each element, generating dependent claims covering potential substitutes or elements required for implementation.

3. The method of claim 1, further comprising automatically detecting and displaying a claim number from a claim text and claim status as independent claim type or dependent claim type.

4. The method of claim 1, further comprising checking an element of the claim presence in a prior art reference.

5. The method of claim 1, further comprising coupling the claims with one or more prior art references.

6. The method of claim 1, further comprising:

a. extracting element name and relationship to other elements; and

b. describing operation of one element and relationship to other elements.

7. The method of claim 1, further comprising checking for consistency of element numbers.

8. The method of claim 1, further comprising searching Internet search engines for terms and phrases.

9. The method of claim 1, further comprising prompting a user to refine a claim by:

a. selecting one or more elements that can be omitted from a commercial product;

b. substituting an element with another that performs the element'"'"'s function but is physically different from the element; and

c. determining if the element can be changed to function in a different way while producing the same result.

10. A computer implemented method to analyze a patent document, comprising:

generating a claim tree showing inter-claim relationship between descendant and parent claims;

utilizing an interface so that when a user selects a claim a graphical representation of the inter-claim relationship is diagrammed;

moving claims when requested by the user, the claim tree visualizes the inter-claim relationship, wherein moving the claim by using drag and drop selection the claims will automatically be renumbered to show their new inter-claim relationship;

adjusting claims when selected, added, or deleted, wherein all other claims will be automatically be adjusted and renumbered; and

checking the claims for antecedent and support in drawings and support in description; and

indexing terms in the claims, along with automatically detecting and displaying a claim number from a claim text and claim status as independent claim type or dependent claim type; and

generating a diagnostic message for the claim tree showing inter-claim relationship between descendant and parent claims.

11. An intellectual property (IP) system, comprising:

a plurality of workstations serving IP specialists each adapted to receive a patent document and to provide value added services;

a server coupled to the user workstations over the Internet, the server executing a patent analyzer, including;

code to generate and displaying a claim tree showing inter-claim relationship between descendant and parent claims;

code to utilize an interface so that when a user selects a claim a graphical representation of the inter-claim relationship IS diagrammed;

code to move claims when requested by the user, the claim tree visualizes and inter-claim relationship, wherein moving the claim by using drag and drop selection the claims will automatically be renumbered to show their new inter-claim relationship;

code to adjust claims when selected, added, or deleted, wherein all other claims will be automatically be adjusted and renumbered; and

code to check the claims for antecedent and support in drawings and support in description; and

code to index terms in the claims, along with automatically detecting and displaying a claim number from a claim text and claim status as independent claim type or dependent claim type; and

code to identify broader and narrower terms, and prompt a user whether a predetermined element is necessary or whether the predetermined element is not needed in a design around.

12. The IP system of claim 11, further comprising code to automatically generate specification based on one or more figures, comprising code to:

extract name of element and relationship to other elements in the figure;

prompt a user to textually describe the operation of element and relationship of element to other elements;

prompt the user to textually describe the operation of the group of elements in combination;

prompt the user to textually describe the operation of the figure as a whole;

check for conformance to claim language and Section 112 requirements;

prompt the user to generate claims by identifying major elements for the claim and for each element,

generating dependent claims covering potential substitutes or actual elements required to implement the invention;

prompt a user to refine the claim with code to;

a. select one or more elements that can be omitted from a commercial product;

b. substitute an element with another that performs the element'"'"'s function but is physically different from the element; and

c. determine if the element can be changed to function in a different way while producing the same result;

check for best mode; and

generate a filing fee estimate based on the number of claims.

13. The IP system of claim 11, further comprising:

code to describe a hypothetical product;

code to draft one or more claims to cover the hypothetical product in view of the prior art; and

code to performs infringement analysis by reading the claim on the hypothetical product.

14. The IP system of claim 11, further comprising:

code to generates a listing of elements all elements used in the drawings;

code to check that elements recited in the claims appear in the drawings;

code to check if an element number is associated with two or more different element names;

code to automatically generate a summary of the invention and an abstract; and

code to automatically generate an information disclosure statement (IDS) based on the known prior art.

15. The IP system of claim 11, further comprising:

code to display claim elements as interconnected boxes showing element relationship, wherein the user edits the claim element by editing text in the box.