U.S. patent application number 11/759620 was filed with the patent office on 2007-12-13 for patent claim reference generation.
Invention is credited to Gary J. Speier.
Application Number | 20070288256 11/759620 |
Document ID | / |
Family ID | 38822986 |
Filed Date | 2007-12-13 |
United States Patent
Application |
20070288256 |
Kind Code |
A1 |
Speier; Gary J. |
December 13, 2007 |
PATENT CLAIM REFERENCE GENERATION
Abstract
In one embodiment, a method is illustrated as including
receiving a search query, the search query relating to a patent,
retrieving data relating to a term contained in a claim limitation
in the patent, the data including at least one of intrinsic or
extrinsic evidence associated with the term by a hyperlink(, and
displaying the claim limitation and the hyperlink. Further, a
computer system is illustrated as including a receiver to receive a
search query, the search query relating to a patent, a retriever to
retrieve data relating to a term contained in a claim limitation in
the patent, the data including at least one of intrinsic or
extrinsic evidence associated with the term by a hyperlink, and a
display to display the claim limitation and the hyperlink.
Inventors: |
Speier; Gary J.; (Eden
Prairie, MN) |
Correspondence
Address: |
SCHWEGMAN, LUNDBERG & WOESSNER, P.A.
P.O. BOX 2938
MINNEAPOLIS
MN
55402
US
|
Family ID: |
38822986 |
Appl. No.: |
11/759620 |
Filed: |
June 7, 2007 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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60804143 |
Jun 7, 2006 |
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60829718 |
Oct 17, 2006 |
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60883471 |
Jan 4, 2007 |
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Current U.S.
Class: |
715/208 ;
705/310 |
Current CPC
Class: |
G06F 16/93 20190101;
G06F 16/334 20190101; G06Q 50/184 20130101; G06Q 10/10 20130101;
G06F 16/957 20190101; G06F 16/94 20190101; H04L 41/22 20130101;
G06Q 10/06 20130101; G06F 2216/11 20130101; G06F 3/0482 20130101;
G06F 16/3349 20190101 |
Class at
Publication: |
705/1 |
International
Class: |
G06Q 10/00 20060101
G06Q010/00 |
Claims
1. A method comprising: receiving a search query, the search query
relating to a patent; retrieving data relating to a term contained
in a claim limitation in the patent, the data including at least
one of intrinsic or extrinsic evidence associated with the term by
a hyperlink; and displaying the claim limitation and the
hyperlink.
2. The method of claim 1, wherein the hyperlink includes a
mechanism to present a popup menu containing a plurality of
references defining the term contained in the claim limitation.
3. The method of claim 2, wherein the popup menu displays the
intrinsic evidence.
4. The method of claim 3, further comprising displaying a further
hyperlink to an electronic document containing the intrinsic
evidence.
5. The method of claim 2, wherein the popup menu displays extrinsic
evidence.
6. The method of claim 5, further comprising displaying a further
hyperlink to an electronic document containing the extrinsic
evidence.
7. The method of claim 1, wherein the hyperlink includes a
mechanism to present a first popup menu containing the intrinsic
evidence, and a second popup menu containing the extrinsic
evidence.
8. The method of claim 1, wherein the intrinsic evidence includes
at least one of a specification of the patent in which the claim
limitation appears, another claim of the patent, or a prosecution
history of the patent.
9. The method of claim 1, wherein the extrinsic evidence includes
at least one of a publication, another patent, expert testimony,
testimony of an inventor on the patent, or a dictionary
definition.
10. A computer system comprising: a receiver to receive a search
query, the search query relating to a patent; a retriever to
retrieve data relating to a term contained in a claim limitation in
the patent, the data including at least one of intrinsic or
extrinsic evidence associated with the term by a hyperlink; and a
display to display the claim limitation and the hyperlink.
11. The computer system of claim 10, wherein the hyperlink includes
a mechanism to present a popup menu containing a plurality of
references defining the term contained in the claim limitation.
12. The computer system of claim 11, wherein the popup menu
displays the intrinsic evidence.
13. The computer system of claim 12, further comprising the display
for displaying a further hyperlink to an electronic document
containing the intrinsic evidence.
14. The computer system of claim 11, wherein the popup menu
displays extrinsic evidence.
15. The computer system of claim 14, further comprising the display
for displaying a further hyperlink to an electronic document
containing the extrinsic evidence.
16. The computer system of claim 10, wherein the hyperlink includes
a mechanism to present a first popup menu containing the intrinsic
evidence, and a second popup menu containing the extrinsic
evidence.
17. The computer system of claim 10, wherein the intrinsic evidence
includes at least one of a specification of the patent in which the
claim limitation appears, another claim of the patent, or a
prosecution history of the patent.
18. The computer system of claim 10, wherein the extrinsic evidence
includes at least one of a publication, another patent, expert
testimony, testimony of an inventor on the patent, or a dictionary
definition.
19. An apparatus comprising: means for receiving a search query,
the search query relating to a patent; means for retrieving data
relating to a term contained in a claim limitation in the patent,
the data including at least one of intrinsic or extrinsic evidence
associated with the term by a hyperlink; and means for displaying
the claim limitation and the hyperlink.
20. A machine-readable medium comprising instructions, which when
implemented by one or more machines that cause the one or more
machines to perform the following operations: receiving a search
query, the search query relating to a patent; retrieving data
relating to a term contained in a claim limitation in the patent,
the data including at least one of intrinsic or extrinsic evidence
associated with the term by a hyperlink; and displaying the claim
limitation and the hyperlink.
Description
CROSS REFERENCE TO RELATED APPLICATIONS
[0001] This patent application claims the benefit of priority,
under 35 U.S.C. Section 119(e), to U.S. Provisional Patent
Application Ser. No. 60/804,143 entitled "Patent Claim Reference
System", filed on Jun. 7, 2006 (Attorney Docket No. 750.024PRV),
U.S. Provisional Patent Application Ser. No. 60/829,718 entitled
"Patent Claim Reference System", filed on Oct. 17, 2006 (Attorney
Docket No. 750.024PV2), and to U.S. Provisional Patent Application
Ser. No. 60/883,471 entitled "System and Method for Patent Claim
Reference", filed on Jan. 4, 2007 (Attorney Docket No. 750.024PV3)
which are incorporated by reference herein in their entirety.
TECHNICAL FIELD
[0002] This patent document relates generally to patent claim
information as implemented in software, and more specifically, but
not by way of limitation, to a patent claim reference system.
BACKGROUND
[0003] The value of a patent and the technology disclosed therein,
to some extent, hinges on the ability to identify patents, printed
publication, and other data within the same technology space as the
patented technology. Once identified, the relative strength of the
patent, and its claims may be determined.
COPYRIGHT NOTICE
[0004] A portion of the disclosure of this patent document contains
material that is subject to copyright protection. The copyright
owner has no objection to the facsimile reproduction by anyone of
the patent disclosure, as it appears in the Patent and Trademark
Office patent files or records, but otherwise reserves all
copyright rights whatsoever.
BRIEF DESCRIPTION OF THE DRAWINGS
[0005] Some embodiments are illustrated by way of example and not
limitation in the figures of the accompanying drawings in
which:
[0006] FIG. 1 is a network diagram illustrating a system used to
obtain information regarding chemical compounds including drugs
from a variety of Web sites, according to an example
embodiment.
[0007] FIG. 2 is a schematic of a system diagram illustrating a
data request, according to an example embodiment.
[0008] FIG. 3 is a schematic of a system diagram illustrating the
providing of drug data, according to an example embodiment.
[0009] FIG. 4 is a schematic view of a patent reference system
capable of collecting, organizing, and managing patent references,
according to an example embodiment.
[0010] FIG. 5 is flowchart illustrating a method for managing and
updating the patent reference database in the patent reference
system, according to an example embodiment.
[0011] FIG. 6 is a flowchart illustrating a method of presenting a
patent claim and related intrinsic and extrinsic reference
information, according to an example embodiment.
[0012] FIG. 7 illustrates a claim including three claim limitations
in a configuration of a graphical user interface, according to an
example embodiment.
[0013] FIG. 8 illustrates another configuration of a Graphical User
Interface (GUI) divided into two or more frames or sub-windows,
including a main frame, a navigation frame, a claim content frame,
and a reference content frame, according to an example
embodiment.
[0014] FIG. 9 is a flowchart illustrating a method of presenting a
claim chart to a user, according to an example embodiment.
[0015] FIG. 10 is a flowchart illustrating a method for a
pharmaceutical-based example of assembling and using relevant
reference material, according to an example embodiment.
[0016] FIG. 11 illustrates some embodiments of a user interface to
display claims and relevant references associated with claim
limitations within each claim, according to an example
embodiment.
[0017] FIG. 12 is a portion of claim chart organized to illustrate
references (e.g., patents or publications) that disclose or suggest
an associated claim limitation, according to an example
embodiment.
[0018] FIG. 13 is a portion of a claim chart organized to
illustrate references that contain one or more claims that contain
a keyword or other related term, according to an example
embodiment.
[0019] FIG. 14 is a portion of a Freedom to Operate (FTO) chart
including U.S. patent documents having claims that pose freedom to
operate concerns for design-around formulation of METROGEL.RTM.
(metronidazole gel), according to an example embodiment.
[0020] FIG. 15 is a portion of a FTO chart including example U.S.
patent documents having claims that recite metronidazole, in
combination with another active agents and/or ingredients, for use
in methods of medical treatment other than rosacea, according to an
example embodiment.
[0021] FIG. 16 is a portion of a FTO chart including example U.S.
patent documents having claims that recite a formulation that
includes metronidazole, in combination with at least one other
operation, according to an example embodiment.
[0022] FIG. 17 illustrates a directory screen, according to an
example embodiment.
[0023] FIG. 18 illustrates a search results screen, according to an
example embodiment.
[0024] FIG. 19 illustrates a search in progress screen, according
to an example embodiment.
[0025] FIG. 20 illustrates a report generation screen, according to
an example embodiment.
[0026] FIG. 21 illustrates a data structure for storing
patent-related information, according to an example embodiment.
[0027] FIG. 22 is a block diagram of a patent reference system,
according to an example embodiment.
[0028] FIG. 23 illustrates a computer system, according to an
example embodiment.
DETAILED DESCRIPTION
[0029] The following detailed description includes references to
the accompanying drawings, which form a part of the detailed
description. The drawings show, by way of illustration, specific
embodiments in which the invention may be practiced. These
embodiments, which are also referred to herein as "examples," are
illustrated in enough detail to enable those skilled in the art to
practice the invention. The embodiments may be combined, other
embodiments may be utilized, or structural, logical, and electrical
changes may be made without departing from the scope of the present
invention. The following detailed description is, therefore, not to
be taken in a limiting sense, and the scope of the present
invention is defined by the appended claims and their
equivalents.
[0030] In this document, the terms "a" or "an" are used, as is
common in patent documents, to include one or more than one. In
this document, the term "or" is used to refer to a nonexclusive or,
unless otherwise indicated. Furthermore, all publications, patents,
and patent documents referred to in this document are incorporated
by reference herein in their entirety, as though individually
incorporated by reference. In the event of inconsistent usages
between this document and those documents so incorporated by
reference, the usage in the incorporated reference(s) should be
considered supplementary to that of this document; for
irreconcilable inconsistencies, the usage in this document
controls.
[0031] Various embodiments illustrated herein provide computerized
patent claim reference systems, methods, data structures, and
encoded instructions. Some such embodiments provide methods of
storing patent reference data and methods of presenting patent
reference data. One example embodiment comprises a computerized
patent claim reference system, including a claim limitation listing
showing claim limitations of at least one claim of a patent, and at
least one hyperlink linking one of the claim limitations to one or
more references defining the claim limitation.
[0032] Patents in the United States are granted to inventors of new
processes, devices, manufacturable objects, and compositions. An
issued patent gives the inventor the right to exclude others from
practicing what is claimed in the issued claims of the patent for a
period of time, in exchange for disclosure of information related
to the invention such as the best mode known of practicing the
invention and sufficient description in the specification portion
of the patent for someone skilled in the area of the patent to
practice what the patent claims. The claims of a patent are
therefore used to define the scope of what the patent covers, and
the remainder of the patent supports or explains what is covered in
the claims.
[0033] Obtaining a United States patent involves filing a patent
application with the Patent and Trademark Office (PTO), which is a
government entity within the Department of Commerce. The patent
application is examined for proper form, for novelty, and for other
purposes. The process of examination is also referred to as patent
prosecution. Patent prosecution may include one or more official
PTO correspondences between the PTO and the inventor or the
inventor's representative. Such correspondence may include
assertions regarding suspected problems with the patent application
by a PTO Examiner, as well as responses, which may include
arguments or amendments, by inventors or their representatives.
Information exchanged during this patent prosecution process is
often useful in determining the scope of a patent, because
amendments, arguments, or disclosures made during prosecution may
limit the scope or validity of patent claims under some patent
laws.
[0034] In certain situations, such as during litigation or
re-examination, evidence may be used to interpret or limit the
claims. During prosecution, a record is created. This prosecution
record, including the patent itself, is considered "intrinsic
evidence." In addition to intrinsic evidence, some "extrinsic
evidence" may be referenced. Extrinsic evidence, such as dictionary
definitions of terms and published papers or articles, may also be
used to interpret or define terms or phrases used in claims.
Gathering and evaluating intrinsic and extrinsic evidence is time
consuming and burdensome. Typically, to determine relevant
intrinsic evidence, the patent prosecution record and references
used during prosecution may be obtained and carefully evaluated by
legal personnel. Additionally, to obtain extrinsic evidence,
publications (e.g., papers, books, dictionaries, technical manuals,
etc.), or experts may be consulted.
[0035] The process of gathering and organizing intrinsic and
extrinsic evidence related to a patent application's prosecution is
expensive and time-consuming. Various factors including the volume
of information that must be considered and the expertise and
training required to provide a thorough legal analysis contribute
to this burden.
[0036] An Example System
[0037] FIG. 1 is a network diagram illustrating an example system
100 used to obtain information regarding chemical compounds
including drugs from a variety of Web sites. Illustrated is a
patent reference system 101 operatively coupled to the network 103.
In some embodiments, this network 103 is a Local Area Network
(LAN), a Wide Area Network (WAN) or a network of networks such as
the Internet. Also illustrated are a number of Web sites including
an Rxlist Web site 109, a United States Patent and Trademark Office
(USPTO) Web site 113, a Food and Drug Administration Web site 112,
an Electronic Orange Book Web site 111, and a Pub Chem Web site
110. Collectively, these Web sites may be thought of as regulatory
Web sites (e.g., operated by a government, regulatory agency)
having associated regulatory databases. Each of these Web sites is
operatively coupled to the network 103 and ultimately the patent
reference system 101. Supporting each of these Web sites is a Web
server, application server, and database server (not pictured) as
are known in the art.
[0038] In some embodiments, a data request (e.g., a search query)
102 is made by the patent reference system 101 seeking data
relating to chemical molecules, compounds or other patentable
subject matter. As may be more fully illustrated below, in some
cases this data request may take the form of the execution of a Web
crawler or other application designed to elicit information from,
for example Web pages or other sources of data available on the
network 103. In some cases, direct queries may be made of a Web
site (e.g., 109, 110, 111, 112, or 113). Once a data request 102 is
made, then drug data may be returned from each of the Web sites in
response to the query. In some cases, the drug data (e.g.,
retrieved data or data) (e.g., 104-108) may be pulled from the Web
site by, for example, a Web crawling application, while in other
cases it may be pushed by the Web site in response to a direct
query by the patent reference system 101. Further, this drug data
(e.g., the retrieved data or data) may be in the form of, for
example, a Hyper Text Markup Language (HTML) based web page, a
Portable Document Format (.pdf) formatted file, or some other
suitable file (e.g., .tiff, .png, .gif. etc.). As will be more
fully illustrated below, upon retrieval, this drug data may be
parsed based upon claim language, limitations, and stored for
future use.
[0039] In some embodiments, Web site and associated data stores
relating to arts other than the chemical and biological arts may be
accessed for the purpose of obtaining information relating to a
patent. For example, when obtaining information relating to the
patent in the electrical or software arts, web site Web sites run
by organizations such as the Institute of Electrical and
Electronics Engineers (IEEE) or the Association for Computing
Machinery (ACM) may be accessed for the purpose of obtaining
extrinsic evidence. The use of Web site and data sources related to
the chemical and biotechnology arts is merely for illustrative
purposes and is not meant to limit the scope of the system and
method illustrated herein.
[0040] FIG. 2 is a schematic of a system diagram 200 illustrating
the data request 102. Illustrated is a patent reference system 101
making a data request 102 of an electronic orange book Web site 111
over a network 103. Some embodiments may include making a query
(e.g., a search query) of any one of a number of regulatory or
non-regulatory Web sites controlling the flow of publicly available
or privately available information from public or private data
warehouses. In one example embodiment, a data request 102 may be in
the form of a Hyper Text Transfer Protocol (HTTP) or Secured Hyper
Text Transfer Protocol (HTTPS) method call to GET a particular Web
page containing data relating to a particular active ingredient in
a drug (e.g., fluticasone). Additionally, in some embodiments, this
GET request may center on a GET request seeking data relating to
the commercial or trade name for a drug. For example, a data
request could be made for the active ingredient paroxetine
hydrochloride or the drug PAXIL.TM.. Further, in some embodiments,
an HTTP or HTTPS HEAD method call may be invoked to make a data
request.
[0041] FIG. 3 is a schematic of a system diagram 300 illustrating
the providing of drug data 104, in response to the data query 102.
Drug data 104 is illustrated as being provided to the patent
reference system 101. In FIG. 3, drug data 104 relates to, for
example, the active ingredient fluticasone, and a variety of
listings 301 are displayed relating to this active ingredient. Also
illustrated, is the method of use 302 and additional information
304. The listings for fluticasone are not limited, as indicated by
the continuation ellipsis 303, to those illustrated in drug data
104. As illustrated, this drug data 104 may, for example, be in the
form of a Web page containing data relating to a particular active
ingredient in a drug and may include the name of the drugs (e.g.,
trade name or otherwise) associated with the active ingredient, the
patents claiming the active ingredient, certain exclusivity periods
(e.g., FDA exclusivity periods) associated with the drug, file
wrapper information, Abbreviated New Drug Application (ANDA)
information and histories, or any other type of information that
may be posted to a Web site (e.g., text files). Once this
information is received, it may be parsed into a predefined format
so as to allow it to be stored into a database for easy access and
display.
[0042] FIG. 4 is a schematic view of a patent reference system 101
capable of collecting, organizing, and managing patent references.
In some embodiments, the patent reference system 101 includes a Web
server 402, a file server 404, a messaging server 406, an
application server 408, a database management server 410, and a
patent reference database 412, all communicatively coupled via a
network connection 422. Servers 402, 404, 406, 408, 410 may include
software management programs, hardware devices, or combinations of
software and hardware. In addition, one or more servers 402, 404,
406, 408, 410 may be implemented on a shared device or in a shared
program. These software management programs may be implemented as
various software operations (see description of software operations
outlined below). Network connection 422 may connect to a single LAN
or WAN, or combinations of LANs or WANs, such as the Internet.
Network connection 422 may be implemented using wired or wireless
connections.
[0043] One or more client computers 416 may be communicatively
coupled to the patent reference system 101 via a network 103. The
network 103 may include a single LAN or WAN, or combinations of
LANs or WANs, such as the Internet. The various devices coupled to
the network 103 may be coupled to the network 103 via one or more
wired or wireless connections. One or more public data warehouses
418 and one or more private data warehouses 420 may also be
communicatively coupled to the patent reference system 101 via the
network 103.
[0044] The Web server 402 may communicate with the file server 404
to publish or serve files stored on the file server 404. The Web
server 402 may also communicate or interface with the application
server 408 to enable Web-based presentation of patent-related
information. For example, the application server 408 may consist of
scripts, applications, or library files that provide primary or
auxiliary functionality to the Web server 402 (e.g., multimedia,
file transfer, or dynamic interface functions). In addition, the
application server 408 may also provide some or an entire interface
for the Web server 402 to communicate with one or more of the other
servers in the patent reference system 101, e.g., the messaging
server 106406 or the database management server 410.
[0045] The application server 408 may also contain one or more
software programs capable of searching, collecting, or organizing
references from disparate sources. One example of such a program
includes a Web crawler, also known as a Web spider or robot. Web
crawlers include programs that are specifically designed to browse
the World Wide Web in an automated, methodical manner. Some Web
crawlers are programmable, such as being able to filter on a
particular subject matter area or restrict crawling to a particular
group of Web sites. Another example of a software program that may
be hosted on the application server 408 for such an operation
includes a script or a dedicated program to periodically or
regularly search one or more specific Web sites. Such a script or
dedicated program may be available from a content provider. For
example, a content provider may grant licenses to proprietary
content for a fee. As a provision of the license, the licensee may
be given a program, such as a client program, to access the
proprietary content. The client program may be configurable to
automatically search or retrieve data from the content provider's
data store and save resulting data, such as to the patent reference
database 412.
[0046] In some embodiments, this Web crawler application may have a
selection policy geared toward downloading Web pages and the
content contained therein relating to pharmaceutical industry drug
data. This policy may provide a uniform policy for revisiting
certain Web sites displaying pharmaceutical industry drug data
where all Web sites are re-visited with the same frequency,
regardless of the rate of content or Web page change taking place
on the site. In some embodiments, a proportional policy may be
invoked where Web sites are re-visited based upon the frequency of
Web page or content change on a particular Web site. In some
embodiments, the crawler application itself engages in, for
example, path-ascending crawling, focused crawling, deep Web
crawling, and/or may restrict the number of followed links that it
analyzes. Some embodiments may include some other suitable Web
crawler application(s).
[0047] Public data warehouses 418 may include an online interface
and a data storage mechanism. For example, a Web-based interface
may be provided such that a user may access the public data
warehouse 418 to search for patents or publications related to an
issued patent. Examples of a public data warehouse 418 include the
USPTO Web site (www.uspto.gov), the Food and Drug Administration's
(FDA) Web site (www.fda.gov), and the World Intellectual Property
Organization (WIPO) Web site (www.wipo.int).
[0048] Private data warehouses 420 may include online or offline
data stores. Online data stores may be configured similar to public
data warehouses 418, such as by providing an interface (e.g., a Web
browser interface) to a data source (e.g., a database). Examples of
private data warehouses 420 include Thompson WESTLAW.RTM.
(www.westlaw.com) and LEXISNEXIS.RTM. (www.lexis.com). Typically
private data warehouses 420 include a membership or subscription to
browse, view, or search data. Other private data warehouses 420 may
use a "pay per use" fee structure.
[0049] The patent reference database 412 may include data such as
published patent applications, issued patents, publications, and
the like. The patent reference database 412 may be implemented as a
relational database, a centralized database, a distributed
database, an object-oriented database, a flat database, or other
database type depending on the specific embodiment. In some
embodiments, the patent reference database 412 includes one or more
databases (e.g., a patent database, a publications database, a user
database, a search terms database, a claim limitations database),
such that the combination of the one or more databases may be
referred to as a patent reference database.
[0050] During operation, in one embodiment, patent reference
information is collected and stored in the patent reference
database 412. A user (not shown) may access the patent reference
system 101, such as by using a client computer 416 over the network
103. The user may select a patent application or publication of
interest and review one or more references related to the patent
application or publication. In some embodiments, summary reports or
other information may be sent to the user, for example at the
user's request or periodically, via the messaging server 406.
Messages distributed by the messaging server 406 may include one or
more of e-mail, voice, text messaging, or other communication
protocols or mediums. Further capabilities of the patent reference
system 101 are illustrated herein.
[0051] Example Logic and Interfaces
[0052] FIG. 5 is a flowchart showing a method 500 for managing and
updating the patent reference database 412 in the patent reference
system 101. A series of operations (e.g., 502, 504, 506, 508, 510,
512, 514, and 516) are illustrated to implement the method 500. At
502, an operation is illustrated to determine a source patent. The
source patent is the patent of interest and may include a patent
application or an issued patent. In some embodiments, the source
patent is provided (e.g., as input) by a user of the patent
reference system 101, such as via the client computer 416 and a
user interface provided by the Web server 402. In other
embodiments, the source patent may be obtained by one or more
automatic or semi-automatic techniques such as, for example, a user
providing a search query via a user interface, the search query
identifying a patent. For example, a script may be configured to
regularly or periodically query the USPTO Web site for recently
issued patents. The script may be further configured to filter the
result set by a specific art area or technology area. As another
example, the patent reference system 101 may be configured to
communicate with a docketing or document management system. For
example, when a patent is issued and the records in the docketing
or document management system are updated to reflect the new
status, the patent reference system 101 may be triggered,
automatically or manually, to set the newly issued patent as a
source patent for the purposes of the method 500.
[0053] At 504, an operation is illustrated to facilitate access to
a patent application or issued patent. In some embodiments, one or
more of the sections in the source patent are extracted and saved,
such as to the patent reference database 412. Sections may include
the claims, background, summary, abstract, detailed description, or
the like. Text sections, such as the background, may be saved in
the patent reference database 412 as a text, string, or other
appropriate data type. Image sections, such as figures, chemical
structures, or mathematical formulae, may be saved as an image in
the patent reference database 412 or the image section may be saved
on a file server, e.g., 404, with a reference to the image's
location saved in the patent reference database 412. The patent
application may be accessed from one or more sources, including a
public data warehouse 418 or a private data warehouse 420. In some
embodiments, a client software program, such as a script or a
dedicated program, may read and analyze one or more patents or
patent applications. The client software program may reside on the
application server 408, Web server 402, or database management
server 410, in various embodiments. In some embodiments, portions
of the client software program may reside in two or more locations
in the patent reference system 101.
[0054] In some embodiments, one or more patent applications or
issued patents are formatted using a standardized interface
language. The standardized interface language may be written using
a nationally or internationally standardized language, such as an
eXtensible Markup Language (XML), HTML, a proprietary or
specialized interface language, or some other suitable language.
For example, a public data warehouse may provide a dedicated client
application to access the data stored in the public data warehouse.
To communicate the information between the public data warehouse
and the client application, the public data warehouse may implement
a standardized interface, such as a message structure, encryption,
or other means to provide the particular information exchange.
[0055] In some embodiments, the client software program may use the
standardized language to parse and separate the different available
portions of a patent or patent application, such as the Background,
Detailed Description, or Claims. In some embodiments, the client
software program may be configured to analyze and parse a patent
application or patent that is not in a standardized interface
format. For example, the client software program may receive a file
in an image format, such as .pdf, and convert the image text to
ASCII text or Unicode text. The program may then determine each
available section of the patent or patent application, such as by
using contextual keyword searching, positional searching, or the
like. In some embodiments, the software program may analyze and
extract a preliminary parsing of a patent or patent application and
then present the preliminary parsing to a user for confirmation or
modification before storing the parsed portions.
[0056] At 506, an operation is illustrated to allow access to a
patent application's prosecution history or "file wrapper". In some
embodiments, portions or all of the prosecution history are
obtained and saved, such as to the patent reference database 412.
Similar to the patent application, the file wrapper may be accessed
from one or more sources, including a public data warehouse 418 or
a private data warehouse 420.
[0057] At 508, an operation is illustrated to allow for intrinsic
evidence references (e.g., data) to be compiled. In some
embodiments, the patent application obtained at 504 and the file
wrappers obtained at 506 are analyzed to produce one or more
references of intrinsic evidence. In some embodiments, gathering or
compiling intrinsic evidence references includes identifying one or
more claims related to the patent application, parsing and
extracting one or more claim limitations, and using the extracted
claim limitations as search terms to search the patent application
or file history. An automatic search of the file history may find
statements of record or references related to a particular claim
limitation. This automatic search may, for example, be a string
comparison based search. Statements of record may include
statements or assertions made by an examiner or statements or
arguments made by an applicant during the process of patent
prosecution. Such statements may characterize a claim limitation,
such as to narrow or limit the interpretation of claim language. In
various embodiments, searching the patent application or the patent
file wrapper for intrinsic evidence is performed manually, in part
or in whole. In some embodiments, one or more portions of an office
action or other correspondence may be presented to a user to
confirm that the portions include a statement of record, assertion,
concession, or the like. Confirmed statements may then be stored,
such as in the patent reference database 412. In some embodiments,
resulting intrinsic evidence (e.g., statement of record, reference)
is captured in the patent reference database 412. In a further
embodiment, the patent reference database 412 includes a relational
database and one or more relationships are created between a
particular claim limitation and a portion of intrinsic evidence
that illustrates, defines, or limits the particular claim
limitation.
[0058] In some embodiments, the automated search of the file
history, or, more generally, of the extrinsic and instrinsic
evidence, may be performed manually by a reviewer reviewing various
documents (e.g., instrinsic or extrinsic evidence), and then
highlighting (e.g., tagging) certain selections of these various
documents. These selections may correspond to certain terms or
phrases of claims limitation in patent for which the various
documents are relevant. This tagging may be in the form of XML
based tagging or some other tagging regime.
[0059] At 510, an operation is illustrated to allow for one or more
extrinsic evidence sources (e.g., data) to be searched for relevant
references. Extrinsic evidence sources may include one or more of a
public data warehouse 418 or a private data warehouse 420.
Extrinsic evidence may include things such as dictionary
definitions, journal articles, reference books, or the like.
Searching extrinsic evidence sources may use one or more of the
claim limitations, such as those parsed and extracted at 508.
Extrinsic evidence searches may be partially or wholly automated
and may include filtering or other adaptive behavior in various
embodiments. Adaptive behavior may include detecting a particular
technology area of the source patent and searching a particular
subset of extrinsic evidence sources. For example, when claim
limitations are directed to the pharmaceutical technology area,
more efficient searching may be obtained by limiting keyword
searches to chemical or pharmaceutical references (e.g., the PDR
(Physician's Desk Reference) or the Food and Drug Administration's
(FDA) Approved Drug Products with Therapeutic Equivalence
Evaluations, also known as the Orange Book), rather than, for
example, references in the computer technology area (e.g., ACM or
IEEE journals). Adaptive behavior may also include a progressive or
"drill-down" searching technique. For example, search results of
one search may be used as keywords in successive searches. As a
detailed example, if a claim limitation includes a pharmaceutical
composition, then the drug's generic and brand names may be found
by searching one or more public data warehouses 418 or private data
warehouses 420, such as the FDA Web site, the online Orange Book,
or RxList.com. Additional information, such as the drug's active
ingredient, owner, or known uses may also be found using such
sources. Information found during this initial search may then be
used to search for a pharmaceutical by its brand name, generic
name, or chemical name. In another form of progressive searching,
an iterative or recursive approach is used. For example, a source
may be searched using a term from a claim limitation. The search
result may include one or more synonyms of the term from the claim
limitation, which may then be used as a search term of the same
source in an iterative or recursive manner.
[0060] At 512, an operation is illustrated to allow for extrinsic
evidence references found at 510 to be organized. In some
embodiments, portions of or all of the related references are saved
in the patent reference system 101, such as in the file server 404
or in the patent reference database 412. In some embodiments, the
patent reference database 412 includes a relational database and
one or more relationships are created between a claim limitation
and a related reference of extrinsic evidence.
[0061] At 514, an operation is illustrated to allow for one or more
auxiliary information sources to be searched for information.
Auxiliary information sources may include one or more of a public
data warehouse 418 or a private data warehouse 420. Auxiliary
information may include things such as patent assignment
information, landmark dates (e.g., filing, issue, or other priority
dates), small entity status information, maintenance fee
information, patent term extension, or other information related to
the validity or form of a source patent application or source
issued patent. For example, a public data warehouse 418, such as
the USPTO's patent database, may be searched for auxiliary
information. Some of the auxiliary information stored at the USPTO
is mirrored or otherwise compiled at other data warehouses, for
example, Web sites including freepatentsonline.com or
micropat.com.
[0062] At 516, an operation is illustrated to allow for auxiliary
information related to the source patent to be organized. In some
embodiments, the auxiliary information is stored in the patent
reference database 412 and related to the source patent, such as by
using relationships in a related database configuration.
[0063] At 518, an operation is illustrated to compile the
extrinsic, intrinsic and auxiliary information into an updated
record. This updated record may take the form of an XML file, data
stream, or some other suitable carrier of data.
[0064] At 520, an operation is illustrated that updates a database
record (e.g., a record existing within the patent reference
database 412) using the information contained within the update
record generated by the operation at 518.
[0065] While FIG. 5 illustrates some embodiments of a method of
managing and updating information in a patent reference system 101,
FIG. 6 illustrates examples of using the information stored in such
a patent reference system 101.
[0066] FIG. 6 is a flowchart of a method 600 of presenting a patent
claim and related intrinsic and extrinsic reference information. A
sequence of operations used to implement the method 600 are
illustrated (e.g., operations 602, 604, 606, 608, 610, 612, and
614). At 602, an operation is illustrated to allow a source patent
to be determined. In some embodiments, the source patent is
provided by a user of the patent reference system 101, such as via
a Web browser interface.
[0067] At 604, an operation is illustrated to allow for marked-up
claims to be generated. In some embodiments, the issued claims are
analyzed in relation to the original claims as filed and claims
presented during prosecution. Amendments of original claims may be
captured in a "marked up" version. The marked up version of the
claims may be presented to the user using one or more indications
that signify an addition, a deletion, or a modification of claim
language in the marked up version. For example, original claim
language may be presented in plain text, while insertions may be
presented using an underlined font and deletions may be presented
using a strikethrough font. When several claim revisions are
presented in the same marked up version, in one embodiment,
subscripting is used to indicate which claim amendments were made
in the same USPTO filing. Subscripts may be used in conjunction
with footnotes. In various other embodiments, markups are indicated
using color, font face, font size, font weight, punctuation,
multimedia effects, or the like. For example, on systems that don't
support underlining text, italic or bold may be used instead to
indicate inserted claim language. Additionally, on systems that
don't support color or textual effects (e.g., underline or bold),
different font faces could be used to indicate revisions from the
original text. In another embodiment, a popup window (e.g., a tool
tip) may be used to visually indicate the origin or history of the
claim revision.
[0068] At 606, an operation is illustrated that allows for
identification of individual claim limitations. In some
embodiments, claim limitations are only identified by an individual
actually making a comparison between the claims and the intrinsic
and extrinsic sources of evidence. In another embodiment, claim
limitations, regardless of whether the limitation was deleted,
revised, or otherwise modified during prosecution, are identified.
In some embodiments, claim limitations are stored as separate data,
such as in patent reference database 412 and related to other data,
such as intrinsic references, extrinsic references, or amendments
made during prosecution. For example, claim limitations parsed and
extracted during the building or updating of the patent reference
system 101, e.g., block 508 of method 500 of FIG. 5, may be stored
so that they may be referred to during later operations, such as
the instant method 600.
[0069] Some embodiments may include identifying individual claim
limitation through receiving a document containing claims (e.g., an
issued patent or patent application), parsing out the claims, and
then parsing out the terms that make up the claims identifying
those terms that need to be defined. With regard to the parsing of
the claims, a grammar may be developed to support the parsing that,
among other things, looks for certain delimiting terms or phrases
(e.g., "We claim", "What is claimed is" etc.), and extracts all
subsequent language. In some embodiments, certain tags (e.g., HTML
or XML tags) are searched for that denote claims, and where
encountered the claim terms or phrases are parsed out. Given the
relatively small size of the resulting parsed claims, then the
terms or phases that make up the claims may be parsed out using
delimiters such as ";", or the empty space character. Additionally,
where tags are present to denote claim and claim limitations, these
tags may be used as the basis for parsing.
[0070] At 608, an operation is illustrated to allow for each
identified claim limitation to be used as a basis for further
processing. At 610, related intrinsic evidence is determined for a
current claim limitation. In some embodiments, related intrinsic
references are readily available using the patent reference
database 412 configured in a relational database model. The related
references may be searched, parsed, or otherwise manipulated to
extract one or more portions relevant to the particular claim
limitation. For example, if a claim limitation includes "liquid,"
then the specification (e.g., abstract, detailed description,
figures, etc.) of the issued patent is searched and sentences,
passages, figures, or other description that characterizes,
defines, or illustrates the limitation are extracted. In addition,
prosecution history is searched for statements in responses or
office actions, patents, publications, or other material that may
characterize, define, or illustrate the limitation. Such
information is extracted and may be saved, such as in the patent
reference database 412. In some embodiments, citations to relevant
portions of the specification or the prosecution history are saved
in place of, or in addition to, portions of the relevant
references.
[0071] At 612, an operation is illustrated to relate extrinsic
evidence to a current claim limitation. In some embodiments,
similar to the intrinsic reference information, extrinsic
references may be readily available, being previously discovered,
stored, and associated to one or more claim limitations using the
patent reference database 412. In some embodiments, citations to
relevant portions of extrinsic references are determined and
stored, such as in the patent reference database 412. In another
embodiment, portions or all of a relevant extrinsic reference are
stored and associated with the particular claim limitation.
[0072] At 614, an operation is illustrated to generate a user
interface to present the claim limitations and the relevant
associated intrinsic and extrinsic references. In some embodiments,
the user interface is presented using a Web browser and a markup
language, such as HTML or XML. In another embodiment, the user
interface includes a client computer interface and is provided
using a dedicated client program. In some embodiments, the
dedicated client program is written in a programming language for a
particular software platform (e.g., WINDOWS.TM. or MACINTOSH.TM.)
and utilizes one or more libraries (e.g., MICROSOFT FOUNDATION
CLASSES.TM.). In other embodiments, the dedicated client program is
implemented using a cross-platform language, such as Java by Sun
Microsystems.
[0073] The user interface may contain links to relevant intrinsic
or extrinsic documents in one or more computer-readable formats,
such as MICROSOFT WORD.TM. or Adobe PDF.TM.. In other embodiments,
portions or all of a relevant reference is provided to a user in a
browser window as text. In any case, the user may copy and paste
relevant information to a separate document, such as a MICROSOFT
WORD.TM. file, for example, to compose an opinion letter.
[0074] In another example embodiment, claim limitations, related
intrinsic references, and related extrinsic references are analyzed
to determine whether one or more inconsistent statements exist
related to a claim limitation. For example, during prosecution an
applicant may illustrate a claim limitation in such a way as to
limit its scope. However, the same or similar claim limitation may
be characterized or illustrated in an incongruent manner in a
different document, such as an ANDA filing. In some embodiments,
identified inconsistent statements are flagged or otherwise marked
such that the user may easily detect them. In a graphical user
interface, techniques such as popup windows or alerts, sounds, or
animated graphics may be used alone or in combination to mark or
flag identified inconsistent statements.
[0075] In FIG. 7, an example claim is illustrated including three
claim limitations 700A, 700B, 700C. In this example, claim
limitations 700A, 700B, 700C are indicated using a bold font face.
In addition, a group of hierarchical popup windows 702A, 702B, 702C
are illustrated. In this example, three popup windows 702A, 702B,
702C are illustrated; however, in other embodiments, more or fewer
windows may be used. For example, a single popup window may be
implemented such that the contents of the popup window dynamically
change in response to user input. The popup windows 702A, 702B,
702C as shown in this example may have been activated in a
particular sequence, such as by first moving the cursor 704 over
the claim limitation "antiflu" 700B, which may cause the first
popup window 702A to present the primary evidence divisions (e.g.,
intrinsic and extrinsic); then moving the cursor 704 over the label
"Intrinsic Evidence" 706, which may cause the second popup window
702B to present the available intrinsic evidence references or
categories of intrinsic evidence references; and finally moving the
cursor 704 over the label "Application as filed: Detailed
Description" 708, which may activate the third popup window 702C,
which may contain a link to or a portion of the Detailed
Description that discusses, defines, provides exegesis for, or
otherwise characterizes or explicates the claim limitation
"antiflu" 700B. For example, the third popup window 702C may
contain a portion of the Detailed Description that includes a
description of the claim limitation and also some words before and
after the relevant portion to put the passage in context. As
another example, a link (e.g., hyperlink) may be provided that,
when activated or actuated, may cause the display of a portion of
the relevant Detailed Description, such as by using a bookmark
action to scroll to the relevant portion. Links may be provided to
one or more computer-readable formats, such as MICROSOFT WORD.TM.,
Adobe PDF.TM., plain text, or the like. In some embodiments, a user
may copy the relevant portion shown in the third popup window 702C,
such as for a copy and paste operation. Copy and paste operations
may be used to provide more efficient construction of opinions or
other documents.
[0076] Other elements shown in FIG. 7 include a control 710 to
toggle on or off display of marked up claim language, a control 712
to toggle on or off display of intrinsic reference information, and
a control 714 to toggle on or off display of extrinsic reference
information. Using the control 710 to toggle marked up claim
language allows a user to switch between a marked up view of the
claims and a clean version of the claims. The marked up view may
include one or more indications, as illustrated above, to
differentiate insertions from deletions or other revisions. The
clean version may include the current version of claims on file
with the PTO or issued claims. In other embodiments, the user
interface is configured such that a user is able to choose between
one or more revisions of the claims displayed as a clean version
(e.g., not marked up). For example, the clean version may represent
one or more claims at a particular time during prosecution, such as
the claims as originally filed, as presented in the first office
action response, or as presented during appeal. In some
embodiments, one or more controls 716 are provided to enable the
user to change the active view to display the particular revision
of claims. Examples of controls include hyperlinks, scripted
controls, or form controls (e.g., radio buttons, check boxes,
dropdown list, etc.). In other embodiments, rather than using a
popup window, another portion of the user interface illustrated in
FIG. 7 may be used to display the information otherwise illustrated
as displayed in a popup window.
[0077] FIG. 8 illustrates another example configuration of a
graphical user interface divided into two or more frames or
sub-windows, including a main frame 800, a navigation frame 802, a
claim content frame 804, and a reference content frame 806. The
navigation frame 802 may include controls to toggle views of claim
markups, intrinsic information, or extrinsic information. In
addition, the navigation frame 802 may include hyperlinks or other
controls to navigate one or more revisions of claim sets. The claim
content frame 804 may include a listing of displayed claims. The
displayed claims may include markup indications or may be a clean
copy of the claims. The reference content frame 806 may include
navigational tools (e.g., a hierarchical hypertext menu) and may
also include content related to intrinsic or extrinsic evidence. In
some embodiments, the reference content frame 806 is further
divided, such as into an upper portion 806A and a lower portion
806B, where one division or portion 806A is used to navigate
reference content and another division or portion 806B is used to
display reference content. Displayed reference content may be
copied and pasted to another application, such as from the browser
to a word processing application, to provide efficiencies. While
FIG. 6 illustrates a method 600 to construct or present an
interface to a user, FIGS. 7 and 8 illustrate screenshots of
example embodiments of such interfaces.
[0078] FIG. 9 illustrates a method 900 of presenting a claim chart
to a user. Illustrated are a sequence of operations (e.g., 902,
904, 906, 908, and 910) that are used to implement the method 900.
Data to construct the claim chart may be extracted from a data
source in the patent reference system 101, such as the patent
reference database 412. At 902, an operation is illustrated to
select a patent. In some embodiments, a user may provide an
indication of the selected patent, such as by inputting a U.S.
Patent Number in a dialog box or other text input affordance or by
choosing a U.S. Patent from a list of patents using a mouse or
other input mechanism. In another embodiment, the patent reference
system 101 may automatically extract patents from a data source,
such as a configuration file, an input file, a networked database,
or the like. For example, the patent reference system 101 may
automatically connect to an online version of the Orange Book and
choose one or more of the patents contained in the data source as a
seed for the process.
[0079] At 904, an operation is illustrated to determine claim
limitations related to the selected patent. In some embodiments,
claim limitations may be available in the patent reference database
412 or other data source in a patent reference system, such as the
patent reference system 101 illustrated in FIG. 4. When the patent
is not available in the patent reference system 101, the patent
claims are obtained, such as from one or more public data
warehouses 418 or private data warehouses 420. Once the patent
claims are received, they can be parsed to determine the recited
claim limitations. In some embodiments, the claim limitations may
be stored in a data store in the patent reference system 101, such
as the patent reference database 412. In a further embodiment, the
patent claims, specification, or figures may also be stored for
future reference. In some embodiments, citations or links (e.g.,
URL's) to patent claims, specification, or figures may be stored in
place of the full content.
[0080] At 906, an operation is illustrated that uses the extracted
claim limitations, to determine relevant patents or publications
and to store these patents and publications. Relevant patents or
publications may be available in a data store in the patent
reference system 101, such as in the patent reference database 412.
In some embodiments, when an insufficient number of documents are
available in the patent reference system 101, an external search is
performed to obtain additional documents. The insufficient number
may be zero or based on a threshold. The threshold may be
user-configurable. Searching for relevant patents or publications
may include such processes as keyword searching public or private
databases (e.g., public data warehouse 418 or private data
warehouse 420), retrieving patent applications or issued patents
based on a similar U.S. patent classification (e.g., class or
sub-class) from the USPTO's database or a mirror, or searching
using synonyms of one or more search keywords. In some embodiments,
synonyms for terms in claim limitations may be provided by a user.
In a further embodiment, user-provided synonyms are stored, such as
in the patent reference database 412, to be reused in later
searches. In some embodiments, synonyms are retrieved from an
external database. For example, an external synonym provider (e.g.,
public data warehouse 418 or private data warehouse 420) may store
commonly used synonyms for drug names (e.g., chemical name, common
name, trade name, drug name, generic name, etc.). By accessing the
provider's database, the patent reference system 101 may implement
a more comprehensive search for related patent documents and
publications.
[0081] At 908, an operation is implemented to organize relevant
patent documents or publications into one or more claim charts.
Claim charts may be constructed to show a user various views of the
information stored in the patent reference database 412. Examples
of claim chart construction may include displaying references that
disclose or suggest an associated claim limitation, displaying
references that include one or more claim limitations or synonyms
of claim limitations, displaying claims of references that include
one or more related claim limitations, or displaying references and
including methods of medical use, active ingredient, or additional
operation. Such claim charts may be useful to determine
infringement, determine validity of a patent, or evaluate the scope
of freedom to operate in a field of patents.
[0082] At 910, an operation is illustrated to present one or more
claim charts to a user. Claim charts may be presented to a user
using a number of media, including an online GUI, a spreadsheet, an
image, or other graphical presentation means. In addition, claim
charts may be constructed using one or more standardized interface
languages (e.g., XML, HTML) to enable cross-platform
presentation.
[0083] FIG. 10 is a flowchart 1000 illustrating a
pharmaceutical-based example of assembling and using relevant
reference material. Illustrated are a number of operations (e.g.,
1002, 1004, 1006, 1008, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
1017, and 1018) that are used to implement the method 1000. As a
threshold matter, while these operations illustrate various
functionality associated with data in the chemical and biotech
arts, as previously illustrated these operations may also be used
to process data arising from other fields of art such as the
electrical and software arts. For example, in lieu of searches
being conducted of the Orange Book Web site using drug names, a
search may be conducted of the IEEE or ACM Web site using the name
of an algorithm or piece of software.
[0084] At 1002, a patent of interest is identified. Using the
patent, a drug name of interest is identified through the
implementation of operation 1004. For example, if a user is
attempting to evaluate the validity or position of infringement of
a pharmaceutical patent, the drug name may include the primary
operation of the patent. Using the drug name, a regulatory database
(e.g., the Orange Book) may be searched and information retrieved
via the implementation of an operation 1006 to produce related
patents. Related patents may include patents in a "patent family"
(e.g., parents or descendents based on continuation, divisional, or
other related applications). In addition, periods of exclusivity
may also be collected. The related patents provide additional
search criteria for further searching of other data sources, such
as the ANDA filings or other technical information databases. At
1008, an operation is illustrated such that the related patent
numbers are used to search and information retrieved from these
sources for additional drug filings, drug, formulation, or
ingredient information. The combined collection of search results
(e.g., retrieved information) from block 1006 and block 1008 is
filtered or "scrubbed" at 1010, such as to remove irrelevant
information with regard to one or more claim limitations included
in the identified patent from block 1002. Filtering may include
actions such as removing duplicate search terms, consolidating
search terms, determining synonyms of search terms, comparing
search terms to terms found in the patent of interest or its
claims, or other steps to pare down terms to a core of relevant
search terms.
[0085] The relevant search terms may then be used in one or more
progressive searches, such as to search the USPTO (see e.g.,
operation 1012) for additional U.S. patents or patent applications
not found in the Orange Book, search international patent databases
(see e.g., operation 1014) for relevant non-U.S. patents or patent
applications, or search information databases (e.g., technical
database or the World Wide Web) for relevant non-patent literature
(see e.g., operation 1016). The relevant patents obtained from
searches of domestic 1012 or international 1014 databases may be
further processed by extracting relevant claims via the
implementation of operation 1018. Relevant claims may include
claims that recite the composition or formulation of an active
ingredient, including those that include a drug carrier, methods of
manufacturing the active ingredient in the drug, methods of
manufacturing the active ingredient in the drug, methods of using
the active ingredient (e.g., methods of treatment), or specific
formulations of the active ingredient (e.g., formulations including
a salt, solvate, polymorph, or metabolite of the active ingredient,
or a pro-drug of the active ingredient). The augmented collection
of information from the various sources may be stored in the patent
reference system 101, such as in the patent reference database 412.
Once the relevant claims are extracted, an operation 1020 is
carried out that assembles retrieved information into a file, data
stream, or the like. Further, the operation 1020 may assemble the
retrieved information and extracted relevant claims, and to place
this information and extracted claims into some type of file (e.g.,
an XML based file) for future use or display. As reflected in the
implementation of operation 1022, portions of the U.S. patents and
applications, non-U.S. patents and applications, and non-patent
literature may be presented to a user in one or more forms, as
illustrated herein, including clean claims, marked up claims, and
various versions of claim charts.
[0086] FIG. 11 illustrates some embodiments of a user interface to
display claims and relevant references associated with claim
limitations within each claim. To illustrate this embodiment, an
example patent, U.S. Pat. No. 5,070,877, is presented. In FIG. 11,
claim limitations 1100A, 1100B, 1100C are shown. In some
embodiments, claim limitations 1100A, 1100B, 1100C are delimited
using a special character or set of characters. For example, in the
example illustrated, limitations are delimited using left and right
angle brackets, (e.g., `<` and `>`). Use of textual marking
may be advantageous on systems that are incapable of producing or
presenting text font modifications, such as bold, italic, or the
like. In a dynamic user environment, claim limitations 1100A,
1100B, 1100C may be implemented to programmatically respond to one
or more user actions, such as a mouse movement or click or a
keyboard command. When the user activates or actuates a claim
limitation 1100A, 1100B, 1100C, for example by moving a cursor over
a selected limitation, a popup window 1102 may be presented. In the
example configuration, shown in FIG. 11, the popup window 1102
includes a collapsible hierarchal menu 1104 with one or more
intrinsic or extrinsic references 1106A, 1106B, 1106C and controls
(e.g., hyperlinks) 1108A, 1108B to view one or more electronic
formats of each reference. For example, controls 1108A, 1108B may
include a hyperlink to a word processing document, an image, or
other viewable or editable representation of at least the relevant
portion of the associated reference. In this example configuration,
hyperlinked images are presented that, when activated, open or
access a .pdf or MICROSOFT WORD.TM. formatted document, depending
on the hyperlink used. Once a document or other file is opened or
accessed, the user may view, copy, edit, or otherwise manipulate
the document or file.
[0087] FIGS. 12 and 13 illustrate various embodiments of claim
charts that may be generated using data collected and stored in a
patent reference system 100 using systems and methods illustrated
herein. FIG. 12 illustrates a portion of claim chart organized to
illustrate references (e.g., patents or publications) that disclose
or suggest an associated claim limitation. In the claim chart 1200
illustrated in FIG. 12, claim limitations from claims associated
with the patent of interest, U.S. Pat. No. 5,070,877, are arranged
across the top of the chart, each limitation forming a column.
References related to the patent, such as references found as a
result of a search illustrated in FIG. 10, are arranged such that
each reference forms a row in the claim chart 1200. Citations to
one or more portions of a reference that disclose, illustrate,
teach, or suggest a particular claim limitation is included in the
appropriate table cell.
[0088] FIG. 13 is a portion of a claim chart 1300 organized to
illustrate references that contain one or more claims that contain
a keyword or other related term. In this example, patents having
claims that recite calcipotriol, a composition or formulation of
calcipotriol (e.g., methods of medical treatment), specific slats,
solvates or polymorphs of calcipotriol, or metabolites or pro-drugs
of calcipotriol are arranged into rows including the patent number
1302, relevant claims 1304, and description of coverage 1306. The
example claim chart 1300 also includes references that do not
recite the pertinent claim limitation, for example references 1 and
3-6.
[0089] FIGS. 14-16 illustrate various embodiments of "freedom to
operate" (FTO) charts that may be generated using data collected
and stored in a patent reference system 101 using systems and
methods illustrated herein. FIG. 14 is a portion of a FTO chart
1400 including U.S. patent documents having claims that pose
freedom to operate concern for design-around formulation of
METROGEL.RTM. (metronidazole gel). In particular, FIG. 14 provides
example U.S. patent documents having claims that recite
metronidazole for use in methods of medical treatment other than
rosacea. FIG. 14 includes the relevant U.S. patent document 1404
and the associated illustrated method of medical use 1402 and the
associated illustrated method of medical use 1404.
[0090] FIG. 15 illustrates a portion of a FTO chart 1500 including
example U.S. patent documents having claims that recite
metronidazole, in combination with another active agents and/or
ingredients, for use in methods of medical treatment other than
rosacea. FIG. 15 includes the relevant U.S. patent document 1504
and the associated illustrated method of medical use 1502, and the
associated illustrated method of medical use 1504.
[0091] FIG. 16 illustrates a portion of a FTO chart 1600 including
example U.S. patent documents having claims that recite a
formulation that includes metronidazole, in combination with at
least one other operation. FIG. 16 includes the relevant U.S.
patent documents 1604.
[0092] FIGS. 17-20 illustrate examples of screenshots of a search
and report interface that uses a patent reference system (e.g., 101
in FIG. 4). In embodiments, the screens illustrated in FIGS. 17-21
may be implemented using a Web browser (e.g., Netscape or Internet
Explorer) or other client program. FIG. 17 illustrates an example
of a directory screen 1700 (e.g., homepage). The directory screen
includes one or more links to reference information, such as a link
to an annual edition of the Orange Book 1702, a link to cumulative
supplements of the Orange Book 1704, a link to U.S. patents listed
in the Orange Book 1706, and a link to FDA approved products listed
in the Orange Book 1708. A user may activate (e.g., click) a link
to display the corresponding information. For example, activating
the link to the annual edition of the Orange Book 1702 may navigate
the user to an electronic copy of the Orange Book, such as in
PDF.TM. or MICROSOFT WORD.TM. format. Similarly, activating the
link to cumulative supplements of the Orange Book 1704 may navigate
the user to electronic copies of supplements to the Orange Book. In
embodiments, the electronic copies may include PDF.TM. format,
MICROSOFT WORD.TM. format, plain text format, or the like.
Electronic copies may be searchable by the user, such as using a
searchable .pdf format. Activating the link to U.S. patents listed
in the Orange Book 1706 may, in one embodiment; navigate the user
to a screen listing the patents contained in a particular edition
of the Orange Book. The screen listing may be sorted or ordered by
date, patent number, drug information, assignee information, or
other categorizations. In some embodiments, the screen listing may
include a link to an electronic copy of the corresponding patent.
The electronic copy may be in .pdf format, MICROSOFT WORD.TM.
format, an image format (e.g., .png, gif, jpg) or other formats
compatible with a Web browser or client program. Similarly,
activating the link to FDA approved products listed in the Orange
Book 1708 may navigate the user to one or more screens displaying
product information.
[0093] In addition to the navigation links 1702-1708, the directory
screen 1700 includes a search input control 1710. The search input
control 1710 may be implemented as an HTML form control in some
embodiments. The user may provide one or more search strings and
activate the "submit" control 1712 to initiate the search. In some
embodiments, the search's domain includes the annual edition of the
Orange Book, any cumulative supplements to the Orange Book, and a
patent reference database (e.g., 412 in FIG. 4). When a user
submits a search, one or more fields may be automatically searched,
such as active phannaceutical ingredient (e.g., chemical name),
proprietary name (e.g., trademarked name), molecular formula, names
of any commercially marketed formulations having the specified
active ingredient, indication of use, sales of drug (e.g., $USD per
year), type of formulation (e.g., gel, lotion, ointment), route of
administration (e.g., topical, oral, IV, IP, rectal, buccal),
patent holder (e.g., assignee, licensee), marketing company
(NDA/ANDA Holder), application number (FDA), patent number, claim
terms, patent expiration date, or FDA period of exclusivity. In
some embodiments, a user may be provided one or more controls, such
as HTML form controls, to select or choose which of the one or more
fields to search.
[0094] Finally, an example run report control 1714 is displayed on
the directory screen 1700. By activating the run report control
1714 a user may generate a formatted report, such as illustrated in
more detail below, using one or more search terms provided in the
search input control 1710.
[0095] FIG. 18 illustrates an example of a search results screen
1800 that may be displayed to the user as a result of executing a
search using the search input control 1710 and the submit control
1712. The search results screen 1800 provides the user a formatted
list of documents, or portions of documents that match the search
query (e.g., search terms in a particular search domain). The
example illustrated in FIG. 18 displays the results of a search for
"testosterone." As illustrated, patents retrieved from entries
found in the Orange Book related to the search term "testosterone"
are presented in the search results. Additionally, references
related to the patent documents found are also presented. In
embodiments, a search engine may search the Orange Book, the
cumulative supplement to the Orange Book, or other sources, such as
the patent reference database 412 to compile the search results. In
the example shown, each search result title is presented as a link
(e.g., hyperlink), which a user may actuate or activate (e.g.,
click or mouse over). Upon activation, the user may be navigated to
or presented with, such as in a popup window or other user
interface mechanism, the document cited in the search results. In
some embodiments, a dynamic popup window may be presented when the
user move the cursor over the title of a search result. The dynamic
popup window may contain more information about the cited
reference, such as the patent applicant, assignee, expiration date,
cited references, other references, office actions or other PTO
correspondence, an expanded passage where the search term was
found, or other details about the reference. The dynamic popup
window may be activated by the user to navigate to the particular
related document, document section, or present other information
represented in the window. In some embodiments, activating a term
in a dynamic popup window may execute an additional search using
the indicated term. For example, when a user moves the cursor over
the search result of patent 5,152,997 1802, a dynamic popup window
1804 may be presented. When a user activates a term, such as the
assignee "Theratech, Inc." a search may be initiated using the
activated term.
[0096] In some embodiments, when a search is detected to possibly
return a large number of results, the user may be notified of such
a condition and be provided a control to terminate the search. FIG.
19 illustrates an example of a search in progress screen 1900. The
search in progress screen 1900 may be programmatically set to
appear when a threshold number of results are determined to exist.
For example, when over 1,000 results are found, a user may be
presented with the search in progress screen 1900, where the user
may terminate the search or allow it to continue. In the example
shown, in response to an interrupted search, a user may activate a
continue control 1902, a stop and view control 1904, or a terminate
search control 1906. If the user activates the continue control
1902, the search may continue to its normal completion, possibly
returning a large number of search results. If the user activates
the stop and view control 1904, the search may immediately cease
operation and the user may be presented with the results found at
the point when the search was ceased. If the user activates the
terminate search control 1906, the search may be canceled and, in
one example, the user may be provided a search input control to
provide additional search terms for a successive search.
[0097] After performing one or more searches, a user may determine
a particular drug of interest. FIG. 20 illustrates an example of a
report generation screen 2000. In some embodiments, using the run
report control 1714 in FIG. 17, the user may navigate to the report
generation screen 2000. The user may enter a particular drug name
in the search input control 1710 in FIG. 17. The system can then
use the provided drug name to perform a background search of the
patent reference database 412. The user is then presented with the
report generation screen 2000 and can check one or more detail
checkboxes 2002 to indicate what information to include in the
report. After selecting the desired output options, the user can
activate the submit control 2004 to initiate the report generation.
Report output may be in a tabular, list, or other format. The
output may include links to documents, (e.g., .pdf documents,
spreadsheet documents) or plain text. In some embodiments, .pdf
documents are in a searchable text format. In some embodiments,
when information is incomplete regarding a particular detail, the
detail checkbox and description may be presented differently to
indicate to the user that the option is not available in the
report. For example, in FIG. 20, the dosages detail control 2006 is
disabled and indicated as such using italic font. In other
examples, other font effects or user interface indications, such as
a grayed-out font or control may be used.
[0098] In some embodiments, the system and method illustrated
herein may provide a user with multiple ways to search a
dynamically linked database of patent reference information;
provide intelligent filtering, categorization, and organization of
patent information from disparate sources; and provide a powerful
and flexible reporting feature.
[0099] In the examples and embodiments illustrated above, the
references, whether associated with a claim limitation manually,
automatically, or by some combination thereof, may all be useful in
a variety of applications. Certain processes may be largely
automatic, such as where data, related to a pharmaceutical name, is
automatically collected by a program or other automated agent.
Other processes may include manual processes, such as search
techniques used to find relevant business method patents, which are
typically more abstract and may use less standardized language.
[0100] The evidence regarding the meaning and scope of claim
limitations is useful to patent attorneys and others for a
multitude of purposes, including determination of the scope or
extent of a patent, which may be used to determine patent validity,
questions of infringement, or patent value. These determinations
are examples of what are often investigated when patent attorneys
draft opinions or opinion letters. For example, a person marketing
an invention may wish to have the validity of another inventor's
patent covering the new product investigated, in hopes that the
patent may be found to be invalid for some reason. As another
example, a patent owner assessing whether to assert a patent
against a potential infringer may wish to confirm the validity of
the patent before contacting the potential infringer regarding
licensing fees or possible litigation.
[0101] Formal opinions regarding patent infringement can be
particularly valuable, as a party having an opinion issued in good
faith indicating a particular method, article, or composition does
not infringe another's patent is generally shielded from triple or
treble damages for willful infringement should the party later be
found to infringe the other's patent. Similarly, the party wishing
to assert a patent may often investigate not only the validity of
their own patent before asserting it, but may also obtain an
infringement opinion to determine whether the suspected infringing
product in question is in fact infringing on the patent to be
asserted.
[0102] In various embodiments, extraction and organization of claim
limitations and related intrinsic and extrinsic evidence may
provide one or more advantages to users (e.g., patent attorneys),
such as assisting in determination of the scope or extent of a
patent to evaluate validity, infringement, or patent value. Such
evaluations may be useful when forming legal opinion, considering
lawsuits, or assessing licensing opportunities.
[0103] In some embodiments, a method is illustrated as including
receiving a search query (see e.g., operation 502), the search
query relating to a patent, retrieving (see e.g., operations
508-518) data relating to a term contained in a claim limitation in
the patent, the data including at least one of intrinsic or
extrinsic evidence associated with the term by a hyperlink, and
displaying the claim limitation and the hyperlink (see e.g.,
operation 910). In some embodiments, the hyperlink includes a
mechanism to present a popup menu containing a plurality of
references defining the term contained in the claim limitation.
Additionally, the popup menu may display the intrinsic evidence. A
further hyperlink to an electronic document containing the
intrinsic evidence may also be displayed. The popup menu may also
display extrinsic evidence. Also, a further hyperlink to an
electronic document containing the extrinsic evidence may also be
displayed. The hyperlink may include a mechanism to present a first
popup menu containing the intrinsic evidence, and a second popup
menu containing the extrinsic evidence. Moreover, the intrinsic
evidence may include at least one of a specification of the patent
in which the claim limitation appears, another claim of the patent,
or a prosecution history of the patent. The extrinsic evidence may
include at least one of a publication, another patent, expert
testimony, testimony of an inventor on the patent, or a dictionary
definition.
[0104] Example Storage
[0105] Some embodiments may include storage operations (e.g.,
patent reference database 412) that facilitate the storage of data
wherein tables of data are created, and data is inserted into,
and/or selected from, these tables using Structured Query Language
(SQL), Multidimensional Expressions (MDX) language, or some other
database-related language known in the art. These tables of data
can be managed using a database application such as, for example,
MYSQL.TM., SQLSERVER.TM., Oracle 8I.TM., 10G.TM., MICROSOFT
ANALYSIS SERVICES.TM., or some other suitable database application.
These tables may be organized into a Relational Data Schema (RDS),
Object-Relational-Database Schemas (ORDS), a Multidimensional Cube
used in On Line Analytical Processing (OLAP), or some suitable
architecture. These schemas may be normalized using certain
normalization algorithms so as to avoid abnormalities such as
non-additive joins and other problems. Additionally, these
normalization algorithms include Boyce-Codd Normal Form (BCNF) or
some other normalization or optimization algorithm known in the
art. In some embodiments, these tables are data files to be
manipulated and managed by, for example, the above referenced
applications.
[0106] FIG. 21 illustrates an example of a data structure 2100 for
storing patent-related information as may reside as part of, for
example, patent reference database 412. In some embodiments, the
patent reference database 412 may include a patent application file
2102, an issued patent file 2104, an intrinsic references file
2106, an office action file 2108, a PTO correspondence file 2110, a
claims file 2112, an abstract file 2114, a detailed description
file 2116, a background file 2118, a figures file 2120, and an
extrinsic references file 2122.
[0107] The patent application file 2102 may be structured to store
one or more details related to one or more pending published patent
applications. For example, the patent application file 2102 may
include one or more fields, such as a title field, a publication
date field, an application date field, an application serial number
field, an assignee identification field, a U.S. classification
field, an international classification field, an inventor
identification field, or a foreign priority field.
[0108] The issued patent file 2104 may be structured to store one
or more details related to one or more issued patents. For example,
the issued patent file 2104 may include one or more fields, such as
a title field, a publication date field, an issued date field, an
application date field, an application serial number field, an
assignee identification field, a U.S. classification field, an
international classification field, an inventor identification
field, a primary examiner identification field, a secondary
examiner identification field, a PCT information field, an attorney
or agent field, or a foreign priority field.
[0109] The intrinsic reference file 2106 may be structured to store
one or more details related to intrinsic references. In some
embodiments, the intrinsic reference file 2106 includes one or more
database tables, which may be linked, such as with a
primary/foreign key relationship in a relational database scheme,
to one or more tables in the patent application file 2102 or to one
or more tables in the issued patent file 2104. One or more tables
may be included in the intrinsic reference file 2106 to store one
or more references cited during prosecution, one or more office
actions or office action responses, one or more affidavits filed by
the applicant or examiner, one or more records or telephonic or
in-person examiner interviews, or other paper filed by the
applicant or examiner.
[0110] The office action file 2108 may be structured to store one
or more details related to one or more office actions related to a
particular patent application or issued patent. The office action
file 2108 may include one or more fields, such as a type of office
action field, a primary examiner identification field, a secondary
examiner identification field, a mailed date field, a patent
application reference field (e.g., an application serial number or
an attorney docket number), or links to previous or subsequent
office actions in a chain of office actions related to a particular
patent application or issued patent.
[0111] The PTO correspondence file 2110 may be structured to store
one or more details related to miscellaneous PTO correspondence
related to a particular patent application or issued patent. For
example, correspondence related to issuance notification,
maintenance fees, status information, interferences, or other
papers submitted to or received from the PTO.
[0112] The claims file 2112 may include structure to store one or
more details related to claims of a particular patent application
or issued patent. The claims file 2112 may include one or more
fields, such as type of claim (e.g., method, apparatus),
parent-child relationships among two or more claims, claim
limitations, or claim preamble. The claims file 2112 may be
associated with one or more of: the patent application file 2102,
issued patent file 2104, intrinsic references file 2106, or the
office action file 2108, in various embodiments. For example,
claims presented in a particular office action response may be
stored in the claims file 2112. As another example, claims, or
portions thereof, may be stored and associated with a particular
intrinsic reference (e.g., cited patent). In addition, the claims
file 2112 may be associated with one or more of the abstract file
2114, the detailed description file 2116, the background file 2118,
or the figures file 2120. For example, a particular claim
limitation may be related (associated) with a figure, or portion of
a figure, as stored in the figures file 2120, where support for the
particular claim limitation may be found.
[0113] The abstract file 2114 may include structure to store one or
more details related to an abstract section of a patent application
or issued patent. Likewise, the detailed description file 2116 and
the background file 2118 may include one or more fields to store
the content of the respective section of a patent application or
issued patent. For example, text, tables, in-line figures,
mathematical formulae, chemical diagrams, schematic diagrams, or
other portions of the background or detailed description of a
particular patent may be stored, either separately or combined, in
the detailed description file 2116 and/or the background file
2118.
[0114] The figures file 2120 may include structure to store one or
more details related to one or more figures of a patent application
or issued patent. For example, the figures file 2120 may store
images (e.g., tiff, .png, .pdf, or some other suitably formatted
image file) of one or more figures. As another example the figures
file 2120 may include text illustrating a particular figure. As
another example, the figures file 2120 may include a standardized
description of one or more figures, for example using an XML file
format for drawings, such as .vdx VISIO.TM. files as provided by
Microsoft, Inc.
[0115] The extrinsic reference file 2122 may include structure to
store one or more details related to one or more extrinsic
references related to a patent application or issued patent, such
as one stored in patent application file 2102 or issued patent file
2104. The extrinsic reference file 2122 may include one or more
fields, such as a title, a date of publication, a cite, a cited
portion (e.g., the text corresponding to the cite), an author, a
publication source, or the like. Because extrinsic references may
be cited by more than one patent application or issued patent, the
extrinsic reference file 2122 may be related (associated) with the
patent application file 2102 and/or the issued patent file 2104, in
various embodiments.
[0116] In embodiments, one or more database files 2102-2122 maybe
structured as one or more tables in a relational database. For
example, the patent application file 2102 may be structured to
include an assignee table and an inventor table, which may include
details about the assignee or inventor, such as name, address,
citizenship, or the like. The assignee table and/or the inventor
table may be linked using a primary/foreign key relationship with a
patent application table to create a normalized database structure.
The assignee table and/or the inventor table may further be linked
to other tables, such as an issued patent table in the issued
patent file 2104 or an intrinsic reference table in the intrinsic
reference file 2106.
[0117] The database files illustrated above are for illustrative
purposes only. In various embodiments, other fields may be used or
some fields may not be included depending on the use and structure
needed for the database.
[0118] FIG. 22 is a block diagram of an example patent reference
system 101. In some embodiments, these blocks may be implemented in
hardware, firmware, or even as software (e.g., as software
operations with the below illustrated functionality). Illustrated
is a computer system comprising a receiver 2201 to receive a search
query, the search query relating to a patent, a retriever 2202 to
retrieve data relating to a term contained in a claim limitation in
the patent, the data including at least one of intrinsic or
extrinsic evidence associated with the term by a hyperlink, and a
display 2203 to display the claim limitation and the hyperlink.
Further, the hyperlink may include a mechanism to present a popup
menu containing a plurality of references defining the term
contained in the claim limitation. Additionally, the popup menu may
display the intrinsic evidence. Some embodiments may include the
display 2203 used for displaying a further hyperlink to an
electronic document containing the intrinsic evidence.
Additionally, the popup menu may display extrinsic evidence.
Example embodiments may include the display 2203 used for
displaying a further hyperlink to an electronic document containing
the extrinsic evidence. Moreover, the hyperlink may include a
mechanism to present a first popup menu containing the intrinsic
evidence, and a second popup menu containing the extrinsic
evidence. The intrinsic evidence may also include at least one of a
specification of the patent in which the claim limitation appears,
another claim of the patent, or a prosecution history of the
patent. In addition, the extrinsic evidence may include at least
one of a publication, another patent, expert testimony, testimony
of an inventor on the patent, or a dictionary definition.
[0119] Component Design
[0120] Some example embodiments may include the above illustrated
methods being implemented as software modules or operations. Common
too many of these components (e.g., operations) is the ability to
generate, use, and manipulate the above-illustrated data and data
sets. These operations, and associated functionality, may be used
by the client, server, or peer applications. These various
operations can be implemented into the system on an as-needed
basis. These operations may be written in an
object-oriented-computer language such that a operation oriented or
object-oriented programming technique can be implemented using a
Visual Operation Library (VCL), Operation Library for Cross
Platform (CLX), Java Beans (JB), Java Enterprise Beans (EJB),
Operation Object Model (COM), or Distributed Operation Object Model
(DCOM) or other suitable technique. These operations are linked to
other operations via various Application Programming Interfaces
(APIs) and then compiled into one complete server and/or client
application. The process for using operations in the building of
client and server applications is well known in the art. Further,
these operations, and the tiers that they make up, are linked
together via various distributed programming protocols as
distributed computing components.
[0121] Distributed Computing Components
[0122] Some example embodiments may include the previously
illustrated components (e.g., operations) being implements across a
distributed programming environment. For example, operations
providing logic functionality may reside on a first computer system
that is remotely located from a second computer system containing
an Interface or Storage functionality. These first and second
computer systems can be configured in a server-client,
peer-to-peer, or some other configuration. These various levels can
be written using the above illustrated operation design principles
and can be written in the same programming language, or a different
programming language. Various protocols are implemented to enable
these various levels, and operations contained therein, to
communicate regardless of the programming language used to write
these operations. For example, a module written in C++ using the
Common Object Request Broker Architecture (CORBA) or Simple Object
Access Protocol (SOAP) can communicate with another remote module
written in Java. These protocols include SOAP, CORBA, or some other
suitable protocol. These protocols are well-known in the art.
[0123] A System of Transmission Between a Server and Client
[0124] In some embodiments, the above illustrated operations that
make up the platform architecture communicate using the Open
Systems Interconnection Basic Reference Model (OSI) or the
Transmission Control Protocol/Internet Protocol (TCP/IP) protocol
stack models for defining network protocols that facilitate the
transmission of data. Applying these models, a system of data
transmission between a server and client computer system can be
illustrated as a series of roughly five layers comprising as a:
physical layer, data link layer, network layer, transport layer and
application layer. Some example embodiments may include the various
levels (e.g., the Interface, Logic and storage levels) residing on
the application layer of the TCP/IP protocol stack. The present
application may utilize HTTP to transmit content between the server
and client applications, whereas in other embodiments another
protocol known in the art is used. Content from an application
residing at the application layer is loaded into the data load
field of a TCP segment residing at the transport layer. This TCP
segment also contains port information for a recipient application
or a module residing remotely. This TCP segment is loaded into the
data field of an IP datagram residing at the network layer. Next,
this IP datagram is loaded into a frame residing at the data link
layer. This frame is then encoded at the physical layer and the
content transmitted over a network such as the Internet, Local Area
Network (LAN) or Wide Area Network (WAN). The term Internet refers
to a network of networks. Such networks may use a variety of
protocols for exchange of information, such as TCP/IP etc., and may
be used within a variety of topologies or structures. This network
may include a Carrier Sensing Multiple Access Network (CSMA) such
as an Ethernet-based network. This network may include a Code
Division Multiple Access (CDMA) network or some other suitable
network.
[0125] A Computer System
[0126] FIG. 23 shows a diagrammatic representation of a machine in
the example form of a computer system 2300 within which a set of
instructions for causing the machine to perform any one or more of
the methods, processes, operations, or methodologies discussed
herein may be executed. In alternative embodiments, the machine
operates as a standalone device or may be connected (e.g.,
networked) to other machines. In a networked deployment, the
machine may operate in the capacity of a server or a client machine
in server-client network environment, or as a peer machine in a
peer-to-peer (or distributed) network environment. The machine may
be a Personal Computer (PC), a tablet PC, a Set-Top Box (STB), a
Personal Digital Assistant (PDA), a cellular telephone, a Web
appliance, a network router, switch or bridge, or any machine
capable of executing a set of instructions (sequential or
otherwise) that specify actions to be taken by that machine.
Further, while only a single machine is illustrated, the term
"machine" shall also be taken to include any collection of machines
that individually or jointly execute a set (or multiple sets) of
instructions to perform any one or more of the methodologies
discussed herein. Example embodiments can also be practiced in
distributed system environments where local and remote computer
systems which that are linked (e.g., either by hardwired, wireless,
or a combination of hardwired and wireless connections) through a
network, both perform tasks. In a distributed system environment,
program modules may be located in both local and remote
memory-storage devices (see below).
[0127] The example computer system 2300 includes a processor 2302
(e.g., a Central Processing Unit (CPU), a Graphics Processing Unit
(GPU) or both), a main memory 2301 and a static memory 2306, which
communicate with each other via a bus 2308. The computer system
2300 may further include a video display unit 2310 (e.g., a Liquid
Crystal Display (LCD) or a Cathode Ray Tube (CRT)). The computer
system 2300 also includes an alphanumeric input device 2312 (e.g.,
a keyboard), a User Interface (UI) cursor controller 2311 (e.g., a
mouse), a disk drive unit 2316, a signal generation device 2318
(e.g., a speaker) and a network interface device 2320 (e.g., a
transmitter).
[0128] The disk drive unit 2316 includes a machine-readable medium
2323 on which is stored one or more sets of instructions and data
structures (e.g., software) embodying or used by any one or more of
the methodologies or functions illustrated herein. The software may
also reside, completely or at least partially, within the main
memory 2301 and/or within the processor 2302 during execution
thereof by the computer system 2300, the main memory 2301 and the
processor 2302 also constituting machine-readable media.
[0129] The instructions 2321 may further be transmitted or received
over a network 2326 via the network interface device 2320 using any
one of a number of well-known transfer protocols (e.g., HTTP,
Session Initiation Protocol (SIP)).
[0130] The term "machine-readable medium" should be taken to
include a single medium or multiple media (e.g., a centralized or
distributed database, and/or associated caches and servers) that
store the one or more sets of instructions. The term
"machine-readable medium" shall also be taken to include any medium
that is capable of storing, encoding, or carrying a set of
instructions for execution by the machine and that cause the
machine to perform any of the one or more of the methodologies
illustrated herein. The term "machine-readable medium" shall
accordingly be taken to include, but not be limited to, solid-state
memories, optical and magnetic medium, and carrier wave
signals.
[0131] Method embodiments illustrated herein may be
computer-implemented. Some embodiments may include
computer-readable media encoded with a computer program (e.g.,
software), which includes instructions operable to cause an
electronic device to perform methods of various embodiments. A
software implementation (or computer-implemented method) may
include microcode, assembly language code, or a higher-level
language code, which further may include computer readable
instructions for performing various methods. The code may form
portions of computer program products. Further, the code may be
tangibly stored on one or more volatile or non-volatile
computer-readable media during execution or at other times. These
computer-readable media may include, but are not limited to, hard
disks, removable magnetic disks, removable optical disks (e.g.,
compact disks and digital video disks), magnetic cassettes, memory
cards or sticks, Random Access Memories (RAMs), Read Only Memories
(ROMs), and the like.
[0132] In some embodiments, a computerized patent claim reference
system is illustrated including a claim limitation listing showing
one or more claim limitations of at least one claim of a patent;
and at least one hyperlink, each hyperlink linking one of the claim
limitations to one or more references defining the claim
limitation, wherein the claim limitation listing comprises one or
more claims. Further, the system is illustrated as having the one
or more claims comprise each independent claim of the patent.
Moreover, the system is illustrated as possibly having the one or
more claims comprise each issued claim of the patent. Additionally,
the system is illustrated as having at least one hyperlink
comprises a mechanism to present a popup menu of a plurality of
references defining the claim limitation. Furthermore, the system
is illustrated as having at least one hyperlink that may comprise a
list of types of references defining the claim limitation. The
system is further illustrated wherein the one or more references
defining the claim limitation comprise at least one of extrinsic or
intrinsic evidence. In addition, the system is further illustrated
wherein extrinsic evidence comprises one or more of: one or more
publications, one or more other patents, one or more testimony of
experts, a testimony of the inventor, or one or more dictionary
definitions. Further, the system is illustrated as possibly having
an intrinsic evidence list that comprises a specification of the
patent, one or more claims of the patent, or a prosecution history
of a patent. Moreover, the system is illustrated as potentially
having a Web server operable to present the claim limitation
listing and hyperlinks to a user via a Web browser.
[0133] A method of storing patent reference data, including storing
one or more claim limitations of at least one claim of a patent,
and storing at least one hyperlink, each hyperlink linking one of
the claim limitations to one or more references defining the claim
limitation. The method of storing patent reference data may further
include storing the one or more references defining the claim
limitation, wherein the one or more references defining the claim
limitation comprise at least one of extrinsic or intrinsic
evidence. Additionally, the method may further include having the
claim limitations and at least one hyperlink stored on a Web server
system operable to present the claim limitation listing and
hyperlinks to a user via a Web browser. Further, the method may
include presenting claim limitations of at least one claim of a
patent as a hyperlink, the hyperlink from the claim limitation
linking to one or more references defining the claim limitation,
wherein the hyperlinks comprise popup menus of references defining
the claim limitation. Moreover, the method may include having the
hyperlinks comprise references defining the claim limitations
sorted by reference type, wherein the one or more references
defining the claim limitation comprise at least one of extrinsic
and intrinsic evidence.
[0134] In some embodiments, a machine-readable medium with
instructions stored thereon is illustrated, the instructions when
executed operable to cause a computerized system to store one or
more claim limitations associated with one or more claims of a
patent, and store one or more hyperlinks, each hyperlink linking
one of the claim limitations to one or more references associated
with the claim limitation.
[0135] Example embodiments may include a machine-readable medium
with instructions stored thereon, the instructions when executed
operable to cause a computerized system to present claim
limitations of at least one claim of a patent as a hyperlink, the
hyperlink of the claim limitation linking to one or more references
defining the claim limitation.
[0136] It is to be understood that the above description is
intended to be illustrative, and not restrictive. For example, the
above-illustrated embodiments (and/or aspects thereof) may be used
in combination with each other. Many other embodiments may be
apparent to those of skill in the art upon reviewing the above
description. The scope of the invention should, therefore, be
determined with reference to the appended claims, along with the
full scope of equivalents to which such claims are entitled. In the
appended claims, the terms "including" and "in which" are used as
the plain-English equivalents of the respective terms "comprising"
and "wherein." Also, in the following claims, the terms "including"
and "comprising" are open-ended, that is, a system, device,
article, or process that includes elements in addition to those
listed after such a term in a claim are still deemed to fall within
the scope of that claim. Moreover, in the following claims, the
terms "first," "second," and "third," etc. are used merely as
labels, and are not intended to impose numerical requirements on
their objects.
[0137] The Abstract is provided to comply with 37 C.F.R.
.sctn.1.72(b), which requires that it allow the reader to quickly
ascertain the nature of the technical disclosure. It is submitted
with the understanding that it may not be used to interpret or
limit the scope or meaning of the claims. Also, in the above
Detailed Description, various features may be grouped together to
streamline the disclosure. This should not be interpreted as
intending that an unclaimed disclosed feature is essential to any
claim. Rather, inventive subject matter may lie in less than all
features of a particular disclosed embodiment. Thus, the following
claims are hereby incorporated into the Detailed Description, with
each claim standing on its own as a separate embodiment.
* * * * *