Computerized method for analyzing innovation interrelationships within and between large patent portfolios

• US 9,251,243 B2
• Filed: 05/16/2014
• Issued: 02/02/2016
• Est. Priority Date: 09/16/2009
• Status: Active Grant

• Current Assignee: John M. Stec
• Original Assignee: John M. Stec
• Inventors: Stec, John M.
• Primary Examiner(s): Ly, Anh
• Application Number:
  US14/280,039
• Publication Number:
  US 20140351252A1
• Time in Patent Office: 627 Days
• Field of Search: 707/776, 707/736, 707/741, 707/E17.002, 707/734, 709/223
• US Class Current: 1/1
• CPC Class Codes: G06F 16/284 Relational databases
• CPC Class Codes: G06F 16/34 Browsing; Visualisation therefor

Abstract

The method of the present invention provides a labor and time saving ability to determine interrelationships within patents determined by searching, via a computer system, through patent fields to see if one or more particular pieces of alphanumeric data are common to any of the patents in the database in which the field indicia are located. Such commonality is searchable in backward or forward direction, or both, from, for example, one patent of particular interest. The method allows for presentation of families of interrelated patents within minutes rather than hours, weeks or longer by utilizing computer based technology. Further, the methodology allows for determinations of interrelationships within desired degrees of separation by manipulation of the indicative data to be searched.

Claims

1. A computerized method that uses a computer for retrieving interrelated patent documents from a database portfolio that comprises patent data corresponding to one or more patent documents that include patents and patent applications, said method comprising:

a) constructing, as input to a computer, at least a first end point portfolio, a second end point portfolio, and a middle portfolio with all such portfolios associated with at least one patent document that provides patent data from each patent document with the number of such patent documents in each portfolio fixed prior to the entry of portfolios into the computer, each patent document in an end point portfolio providing end point data as part of its patent data and each patent document in the middle portfolio provides middle point data as part of its patent data, the patent documents of the end point portfolios are potential end point nodes located at the start and end of a potential end point chain consisting of links in a node and link arrangement having a node at each end of a link which is in common with an adjacent link with at least two links connecting a node in the first portfolio with a node in the second portfolio through a node in the middle portfolio;

b) using the constructed end point portfolios and the middle portfolio as input to a computer;

c) using the computer to process the input data to find any end point chains wherein a patent document in the first end point portfolio and a patent document in the second end point portfolio provide the nodes at the opposite ends of each end point chain with a patent document in the middle portfolio providing a node through which an end point chain must pass, and any intermediate patent document that provide additional nodes between the end points of an end point chain;

d) retrieving output from the computer comprising a finding that no end point chains exist or output including at least one of;

i) at least one intermediate patent document, ii) the links and nodes of the end point chains as described in step c), iii) the links connecting at least one first end point portfolio patent document with at least one second end point portfolio patent document and, iv) at least one middle portfolio patent document linking patent documents of the first end point portfolio with patent documents of the second end point portfolio; and

,

e) assembling from output retrieved under any of item ii) to iv) of step d a limited list of patent documents comprising less documents than the number of patent documents in the first end point portfolio, the second end point portfolio or the middle portfolio for review of the relevance of those documents with respect to the first end point portfolio, the second end point portfolio or the middle portfolio for identifying patent documents of interest to a user of the results of the method.

2. The method of claim 1 wherein the patent documents of at least one of the first end point portfolios, the second end point portfolio and the middle portfolio consist of a subset of all the patent documents in the database portfolio.

3. The method of claim 2 wherein the database portfolio comprises all of the patent documents of at least one of:

all of the patents of at least one country, all of the patents of a company or corporation; and

all of the patents in at least one of a patent office classification of patents.

4. The method of claim 3 wherein the patent database portfolio consists of all available patent documents from United States Patent and Trademark Office and the first end point portfolio comprises a first subset of the patent database portfolio and the second end point comprises a second subset of the patent database portfolio.

5. The method of claim 1 wherein the first end point portfolio is the same as the second end point portfolio.

6. The method of claim 1 wherein at least one of the first end point portfolio, the second end point portfolio and the middle portfolio consist of only one patent document and optionally one of the first end point portfolios, the second end point portfolio, and the middle portfolio consist of a patent thicket.

7. The method of claim 1 wherein the patent documents of the middle portfolio consists of one patent document and optionally at least one of the end point portfolios consists of a patent thicket.

8. The method of claim 1 wherein the degree of separation is undirected such that the linkages between patent documents are not time dependent and can travel backward and forward in time from node to node for one of:

patent application filing date, patent issuance date, and patent application publication date; and

, the number of documents in the first and second end point portfolios remain unchanged through all degrees of separation and regardless of the number of linkages that exist between patent documents in traveling either forward or backward in time.

9. The method of claim 8 wherein an input to the computer limits the allowable undirected degree of separation provided by the links between the first and the second end point portfolios wherein the degrees of separation equals at least the number of links.

10. The method of claim 1 wherein the links are directed such that the linkages between patent documents are time dependent and travel either backward or forward in time relative to at least one of the first and second end point portfolios for one or more generations according to one of:

the patent application filing date, patent issuance date, and patent application publication date; and

, the number of documents in the first and second end point portfolios remain the unchanged through all degrees of separation and regardless of the number of linkages that exist between patent documents in traveling either forward or backward in time.

11. The method of claim 10 wherein an input to the computer limits the directed degree of separation from any patent document in the middle portfolio to any patent document in either of the first and second end point portfolios.

12. The method of claim 1 wherein at least one of the first portfolio, second portfolio and the middle portfolio comprise a patent thicket.

13. The method of claim 1 wherein the patent classification system of the United States Patent Office is used at least in part to assemble at least one of the end point portfolios and the middle portfolio such that at least one of said portfolios contains:

i) patent document classmates classified in a patent classification corresponding to a primary classification of at least one patent document, or ii) patent document schoolmates classified in a patent classification corresponding to any patent classification assigned to at least one patent document.

14. The method of claim 1 wherein:

i) the first and second portfolios are analyzed to find intermediate patent document relationships at one degree of separation; and

ii) the intermediate patent documents found in the previous step i) are used as a middle portfolio with the first and second end point portfolios within the method of claim 1 at an least two undirected degree of separation of at least two.

15. The method of claim 1 wherein it is applied to at least one of:

patent monetization;

social network formation;

mergers and acquisitions;

patent portfolio maintenance fee reviews;

law firm conflicts;

personnel recruitment;

USPTO and Peer-To-Patent Patent Prosecution;

anti-trust investigations;

patent auctions;

patent litigation assistance at trial and discovery;

commencing, defending, or avoiding a patent dispute by facilitating entry into of patent license that resolves the dispute; and

, at least one of the middle and end point portfolios comprises data from patent documents of at least one of;

patent document assignees;

parties representing the owner of a patent document;

at least one patent document that is the subject of at least one of patent litigation, patent reexamination, and patent reissue;

at least one database of specific patent documents;

patent documents by selected inventors or key words;

patent documents contained in at least one of a United States Patent Office Inventor Disclosure, a search report, combinations thereof, portions thereof; and

combinations of at least a portion thereof.

16. The method of claim 1 wherein in step c) the computer processing finds at least one patent document in each of the end point portfolios that does not serve as a node in an end of an end point chain.

17. The method of claim 1 wherein the patent documents of at least one of the first endpoint portfolio, the second end point portfolio, and the middle portfolio contains at least one patent document comprising a pseudo patent consisting essentially of a patent application transformed into a patent by the addition of a synthesized list of references having all of the patents in the approximated citation list as its cited prior art.

18. A computerized method for retrieving interrelated patent documents from a database portfolio that comprises patent data for multiple patent documents and each patent document comprises at least one of patents and patent applications related documents, wherein the method comprises:

a) constructing, as input to a computer, a first end point portfolio and a second end point portfolio, wherein each end point portfolio is fixed at the input stage and through all computer processing steps as to patent documents contained therein and defines at least one patent document that contains end point data as part of its patent data;

b) constructing, as input to a computer, a middle portfolio fixed at the input stage and through all computer processing as to the patent documents contained therein and having at least one patent document that contains middle point data as part of the patent data and that differs from the patent documents of the end point portfolios and having a potential relationship to one or more patent documents in the first and the second end point portfolios;

c) inputting the end point portfolios and the middle portfolio into a computer and formulating a query for a computer to find intermediate patent documents that can connect at least one continuous path through at least one end point chain that comprises a series of links, each link having a node representing a patent document at each of its ends with each link connected to another link by a common node and each end point chain starting from a patent document in the first end point portfolio, ending with to a patent document in the second end point portfolio and passing through a series of unique links that are connected through a patent document in the middle portfolio by data from the patent documents to create an end point chain containing at least one intermediate patent document found by the computer from the database portfolio;

d) executing the query on the computer to find any patent documents linked by an end point chain as described in step c); and

,

e) retrieving output from the computer comprising a finding that no first end point patent document is linked to second end point document or at least one of;

i) one or more intermediate patent documents, ii) finding patent documents of the first end point portfolio that are linked to a patent documents of the second end point portfolio via a continuous path as described in step c), iii) the links connecting at least one patent document of the first end point portfolio with at least one patent document of the second end point portfolio, iv) middle portfolio documents that serve as links in end point chains that link the first end point portfolio with second end point portfolio and each end point chain having nodes represented by patent documents at each end of the links with the links serving to link patent document in the first and second end point portfolios files; and

f) assembling from output retrieved under any of item ii) to iv) of step d a limited list of patent documents comprising less documents than the number of patent documents in the first end point portfolio, the second end point portfolio or the middle portfolio for review of the relevance of those documents with respect to the first end point portfolio, the second end point portfolio or the middle portfolio for identifying patent documents of interest to a user of the results of the method.

19. The method of claim 18 wherein it is applied to at least one of:

patent monetization;

social network formation;

mergers and acquisitions;

patent portfolio maintenance fee reviews;

law firm conflicts;

personnel recruitment;

USPTO and Peer-To-Patent Patent Prosecution;

anti-trust investigations;

patent auctions;

patent litigation assistance at trial and discovery;

commencing, defending, or avoiding a patent dispute by facilitating entry into of patent license that resolves the dispute.

20. The method of claim 18 wherein in step c) the computer processing finds at least one patent document in each of the end point portfolios that does not serve as a node in an end of an end point chain.

21. A computerized method for retrieving interrelated patent documents comprising patents and patent documents applications, wherein the method comprises:

a) constructing as input to a computer, a first end point portfolio and a second end point portfolio, wherein each end point portfolio contains end point data that is fixed with respect to the patent documents it contains at the computer input stage and through all computer processing;

b) constructing, as input to a computer, a middle portfolio that is fixed at the input stage and through all computer processing as to the patent documents contained therein and having at least one patent document that contains middle data as part of the patent data and that differs from the patent documents of the end point portfolios;

c) inputting the end point portfolios and the middle portfolio into a computer and formulating a query for a computer to find from the United States Patent Office portfolio any intermediate patent documents that can connect at least one continuous path through an end point chain that comprises a series of unique links each link having a node representing a patent document at each of its ends with each adjacent link connected by a common node and each chain starting with a patent document in the first portfolio, ending with a patent document in the second portfolio through a series of unique links that are connected passing through a patent document of the middle portfolio and having at least one intermediate patent document at a specified undirected degree of separation to create the end point chain wherein the intermediate patent documents consists of patent documents within the database portfolio and do not include any patent document in the end point portfolios or the middle portfolio;

d) executing the query on the computer to find any patent documents from the first end point portfolio that are linked by an end point chain to a patent document in the second end point portfolio in the manner described in step c), and to find at least one patent document in each of the end point portfolios that does not serve as a node in an end point chain;

e) retrieving output from the computer including at least one group of patent documents containing multiple unique end point chains of links that connect to intermediate patent documents and that collectively comprise a patent thicket; and

,

f) presenting the first and second end point portfolios, the middle portfolio, and the intermediate patent documents in a visual form that displays the links between all of the patent documents and the patents in each portfolio member in a unique format with respect to the members of other portfolios and the intermediate patents; and

,

g) assembling from output retrieved under any of item ii) to iv) of step d a limited list of patent documents comprising less documents than the number of patent documents in the first end point portfolio, the second end point portfolio or the middle portfolio for review of the relevance of those documents with respect to the first end point portfolio, the second end point portfolio or the middle portfolio for identifying patent documents of interest to a user of the results of the method.