U.S. patent application number 13/309146 was filed with the patent office on 2013-04-04 for systems, methods and user interfaces in a patent management system.
The applicant listed for this patent is Steven W. Lundberg. Invention is credited to Steven W. Lundberg.
Application Number | 20130084009 13/309146 |
Document ID | / |
Family ID | 47992653 |
Filed Date | 2013-04-04 |
United States Patent
Application |
20130084009 |
Kind Code |
A1 |
Lundberg; Steven W. |
April 4, 2013 |
SYSTEMS, METHODS AND USER INTERFACES IN A PATENT MANAGEMENT
SYSTEM
Abstract
A system and method of providing data for a patent management
system is proposed. The system presents one or more data fields of
interest to a user and the method comprises downloading at least
one patent document from an external patent database; applying
optical character recognition to the downloaded document to provide
a text-readable version of the at least one patent document;
automatically applying electronic text analysis to the
text-readable version to extract one or more data elements
associated with a field of interest, and transmitting the data
elements to a user.
Inventors: |
Lundberg; Steven W.; (Edina,
MN) |
|
Applicant: |
Name |
City |
State |
Country |
Type |
Lundberg; Steven W. |
Edina |
MN |
US |
|
|
Family ID: |
47992653 |
Appl. No.: |
13/309146 |
Filed: |
December 1, 2011 |
Related U.S. Patent Documents
|
|
|
|
|
|
Application
Number |
Filing Date |
Patent Number |
|
|
61542515 |
Oct 3, 2011 |
|
|
|
61561502 |
Nov 18, 2011 |
|
|
|
Current U.S.
Class: |
382/182 |
Current CPC
Class: |
G06F 16/248 20190101;
G06F 16/9535 20190101; G06F 40/20 20200101; G06Q 50/184 20130101;
G06F 16/93 20190101; G06F 16/24578 20190101; G06F 16/252 20190101;
G06F 16/26 20190101; G06Q 10/10 20130101; G06F 2216/11 20130101;
G06F 16/2455 20190101 |
Class at
Publication: |
382/182 |
International
Class: |
G06K 9/18 20060101
G06K009/18 |
Claims
1. A method of providing data for a patent management system
presenting one or more data fields of interest to a user, the
method comprising: downloading at least one patent document from an
external patent database; applying optical character recognition to
the downloaded document to provide a text-readable version of the
at least one patent document; automatically applying electronic
text analysis to the text-readable version to extract one or more
data elements associated with a field of interest, and transmitting
the data elements to a user.
2. The method of claim 1, further comprising the step of embedding
an action date in the text-readable version of the at least one
patent document.
3. A patent management system having one or more hard-wired modules
configured to perform at least a portion of one or more of the
following: download at least one patent document from an external
patent database; apply optical character recognition to the
downloaded document to provide a text-readable version of the at
least one patent document; automatically apply electronic text
analysis to the text-readable version to extract one or more data
elements associated with a field of interest, and transmit the data
elements to a user.
4. The system of claim 3, wherein the one or more hard-wired
modules is further configured to embed an action date in the
text-readable version of the at least one patent document.
5. A patent management system having one or more data fields of
interest to a user, the system comprising: a network; at least one
patent database, accessible on the network, and storing data
relating to one or more of the fields of interest for at least one
patent matter stored in the database, and a server, operatively
connected to the network, wherein the server includes: a processor,
a memory, software operable on the processor to: download at least
one patent document from the external patent database; apply
optical character recognition to the downloaded document to provide
a text-readable version of the at least one patent document;
automatically apply electronic text analysis to the text-readable
version to extract one or more data elements associated with a
field of interest, and transmit the data elements to a user.
6. The system of claim 5, wherein the software is further operable
on the processor to embed an action date in the text-readable
version of the at least one patent document.
Description
RELATED APPLICATIONS
[0001] This application claims the benefit under 35 U.S.C. 119(e)
of U.S. Provisional Patent Application Ser. No. 61/542,515 filed
Oct. 3, 2011, which is incorporated herein by reference in its
entirety and made a part hereof. This application also claims the
benefit under 35 U.S.C. 119(e) of U.S. Provisional Patent
Application Ser. No. 61/561,502 filed Nov. 18, 2011, which is
incorporated herein by reference in its entirety and made a part
hereof.
BACKGROUND
[0002] The management of a patent portfolio involves multiple
stages. Initially, a decision is made as to what inventions are
worth the investment of filing a patent application. Then, each
filed patent application goes through prosecution with the patent
office. Finally, for each patent that is allowed, maintenance fees
must be paid at a variety of intervals to keep the patent in
force.
BRIEF DESCRIPTION OF DRAWINGS
[0003] Some embodiments are illustrated by way of example and not
limitation in the figures of the accompanying drawings in
which:
[0004] FIG. 1 is a system component diagram, according to an
example embodiment.
[0005] FIG. 2 is a block diagram of a patent management system,
according to an example embodiment.
[0006] FIGS. 3A-3D are block diagrams showing methods for aspects
of patent management, according to example embodiments.
[0007] FIG. 4 is a depiction of a user interface, according to an
example embodiment.
[0008] FIG. 5 is a block diagram of machine in the example form of
a computer system within which a set of instructions, for causing
the machine to perform any one or more of the methodologies herein
discussed, may be executed.
DETAILED DESCRIPTION
[0009] The life cycle of a patent may include multiple stages.
These stages generally include invention, filing a patent
application on the invention, prosecuting the patenting application
to allowance or abandonment, determining whether to file any
continuing applications, and paying maintenance fees on the allowed
patent.
[0010] At each stage, one or more parties determine the best course
of action to take with respect to the invention. For example, when
determining whether or not to file a patent, the inventor may know
what products are out in the technology area of the invention, a
business manager may know how the invention fits in with a
company's goals, and a patent attorney may have researched existing
patents or application in the technology area of the patent. These
parties will ultimately make the decision whether it is worth the
initial investment of filing an application on the invention and
then determine the next course of action at each future stage.
[0011] In some instances, an inventor, business manager or
portfolio manager may wish to monitor the patent activities of one
or more competitors. The provision of up-to-date information
relating to cited references or technology trends in the art to
which a user's or competitor's patent portfolio relates may be
particularly helpful in devising patenting strategy or making
informed business decisions.
[0012] In various embodiments, a patent management system includes
tools to help the parties involved in the patenting process make
decisions at each stage in the life of a patent. These tools may
also be used for general research by parties not immediately
involved with the patenting of the invention. Additionally, these
tools may be used as standalone tools, in combination with other
tools, and in combination with other patent management systems. The
tools may be used to provide patent analytics information. The
tools may also be used to facilitate prosecution of a patent
matter, by assisting in extracting and automatically analyzing data
from external patent databases, for example. In an example
embodiment, tools and systems are provided for a patent management
system known as "PAIR Plus".
[0013] Examples of tools include, but are not limited to
prosecution analytics, reference management, prior art analytics,
docketing management, claim mapping, claim analytics, portfolio
analytics, external database (e.g., PAIR) analytics, annuity
management, and strategic monitoring. The systems, methods and
tools of the present invention set forth in this specification are
described in relation to a patent management system and patent
matters, but it will be understood that the present invention could
equally be applied to other forms of intellectual property
(trademarks, copyright, registered designs, and the like).
Moreover, the term "patent" is not intended to be limited to an
issued patent, but may include a pending patent application or
un-filed application or invention disclosure. The term "user" is
intended to cover any person interacting with the patent management
system. A user may be an inventor, portfolio manager, business
manager or patent attorney, for example.
[0014] FIG. 1 is a schematic view of computer network system 100
according to various embodiments. The computer network system 100
includes patent management system 102 and user terminal 104
communicatively coupled via network 106. In an embodiment, patent
management system 102 includes web server 108, application server
110, and database management server 114 which may be used to manage
at least operations database 116 and file server 118. Patent
management system 102 may be implemented as a distributed system,
for example one or more elements of the patent management system
102 may be located across a wide-area network (WAN) from other
elements of patent management system 102. As another example, a
server (e.g., web server 108, file server 118, database management
server 114) may represent a group of two or more servers,
cooperating with each other, provided by way of a pooled,
distributed, or redundant computing model.
[0015] Network 106 may include local-area networks (LAN), wide-area
networks (WAN), wireless networks (e.g., 802.11 or cellular
network), the Public Switched Telephone Network (PSTN) network, ad
hoc networks, personal area networks (e.g., Bluetooth) or other
combinations or permutations of network protocols and network
types. The network 106 may include a single local area network
(LAN) or wide-area network (WAN), or combinations of LAN's or
WAN's, such as the Internet. The various devices/systems coupled to
network 106 may be coupled to network 106 via one or more wired or
wireless connections.
[0016] Web server 108 may communicate with file server 118 to
publish or serve files stored on file server 118. Web server 108
may also communicate or interface with the application server 110
to enable web-based applications and presentation of information.
For example, application server 110 may consist of scripts,
applications, or library files that provide primary or auxiliary
functionality to web server 108 (e.g., multimedia, file transfer,
or dynamic interface functions). Applications may include code,
which when executed by one or more processors, run the tools of
patent management system 102. In addition, application server 110
may also provide some or the entire interface for web server 108 to
communicate with one or more of the other servers in patent
management system 102 (e.g., database management server 114).
[0017] Web server 108, either alone or in conjunction with one or
more other computers in patent management system 102, may provide a
user-interface to user terminal 104 for interacting with the tools
of patent management system 102 stored in application server 110.
The user-interface may be implemented using a variety of
programming languages or programming methods, such as HTML
(HyperText Markup Language), VBScript (Visual Basic.RTM. Scripting
Edition), JavaScript.TM., XML.RTM. (Extensible Markup Language),
XSLT.TM. (Extensible Stylesheet Language Transformations), AJAX
(Asynchronous JavaScript and XML), Java.TM., JFC (Java.TM.
Foundation Classes), and Swing (an Application Programming
Interface for Java.TM.).
[0018] User terminal 104 may be a personal computer or mobile
device. In an embodiment, user terminal 104 includes a client
program to interface with patent management system 102. The client
program may include commercial software, custom software, open
source software, freeware, shareware, or other types of software
packages. In an embodiment, the client program includes a thin
client designed to provide query and data manipulation tools for a
user of user terminal 104. The client program may interact with a
server program hosted by, for example, application server 110.
Additionally, the client program may interface with database
management server 114.
[0019] Operations database 116 may be composed of one or more
logical or physical databases. For example, operations database 116
may be viewed as a system of databases that when viewed as a
compilation, represent an "operations database." Sub-databases in
such a configuration may include a matter database a portfolio
database, a user database, a mapping database and an analytics
database. Operations database 116 may be implemented as a
relational database, a centralized database, a distributed
database, an object oriented database, or a flat database in
various embodiments.
[0020] In various embodiments, the tools of the patent management
system share a common framework. The framework may have a base
organization unit of a matter. In various embodiments, a matter is
an issued patent or patent application that includes one or more
patent claims. In an embodiment, a matter is generally identified
by its patent number or publication number. Identification may mean
either identification as it relates to a user of the patent
management system or within the patent management system. Thus, a
user may see a matter listed as its patent number while internally
a database of the patent management system may identify it by a
random number. One or more matters may be associated with prior art
or cited references stored in a reference or prior art
database.
[0021] One or more matters may be grouped together to form a
portfolio. A matter may also be associated with one or more other
matters in a family. A family member may be a priority matter, a
continuing (e.g., continuation, divisional) matter, or foreign
counter-part member. Family members may be determined according to
a legal status database such as INPADOC.
[0022] Data stored in a first database may be associated with data
in a second database through the use of common data fields. For
example, consider entries in the matter database formatted as
[Matter ID, Patent Number] and entries in the portfolio database
formatted as [Portfolio ID, Matter ID]. In this manner, a portfolio
entry in the portfolio database is associated with a matter in the
matter database through the Matter ID data field. In various
embodiments, a matter may be associated with more than one
portfolio by creating multiple entries in the portfolio database,
one for each portfolio that the matter is associated with. In other
embodiments, one or more patent reference documents may be
associated with a patent by creating multiple entries in the patent
database, for example. The structure of the database and format and
data field titles are for illustration purposes and other
structures, names, or formats may be used. Additionally, further
associations between data stored in the databases may be created as
discussed further herein.
[0023] During operation of patent management system 102, data from
multiple data sources (internal and external) is imported into or
accessed by the operations database 116. Internal sources may
include data from the various tools of the patent management
system. External sources 120 may include websites or databases
associated with foreign and domestic patent offices, assignment
databases, WIPO, and INPADOC. In various embodiments, the data is
scraped and parsed from the websites if it is unavailable through a
database. The data may be gathered using API calls to the sources
when available. The data may be imported and stored in the
operations database on a scheduled basis, such as daily, weekly,
monthly, quarterly, or some other regular or periodic interval.
Alternatively, the data may be imported on-demand. The imported
data may relate to any information pertaining to patents or patent
applications, such as serial numbers, title, cited art, inventor or
assignee details and the like.
[0024] After data importation, the data may be standardized into a
common format. For example, database records from internal or
external sources may not be in a compatible format with the
operations database. Data conditioning may include data
rearrangement, normalization, filtering (e.g., removing
duplicates), sorting, binning, or other operations to transform the
data into a common format (e.g., using similar date formats and
name formats).
[0025] FIG. 2 is a block diagram of patent management system 102,
according to an example embodiment. Illustrated are user database
202, matter database 204, portfolio database 206, mapping database
208, analytics database 210, display module 212, input module 214,
mapping module 216, analytics module 218, tracking module 220 and
filtering module 222. In various embodiments, the data stored in
databases 202, 204, 206, 208, and 210 may be in the same or
multiple physical locations. For example, portfolio database 206
may be stored in one or more computers associated with a portfolio
management service. In various embodiments, patent management
system 102 minors databases stored in other locations. In an
embodiment, when a request is made to access data stored in the
databases, patent management system 102 determines where the data
is located and directs the request to the appropriate location.
Similarly, modules 212-222 may be executed across multiple computer
systems.
[0026] In an example embodiment user database 202 stores data
representing users of patent management system 102. The data may
include data fields of user credentials including a user ID and
password and access rights with respect to patent management system
102. The user ID may be common across the tools of the patent
management system. In this manner, access rights of the user with
respect to the tools of the patent management system may follow
across the various tools of the patent management system. In an
example embodiment, different access rights are granted to a user
ID between the various tools.
[0027] In various embodiments, each user ID has access rights to
one or more matters. Similarly, a user ID may have portfolio level
access rights. Access rights may be defined according to at least
two parameters: read access and write access. Thus, when a user
logs into patent management system 102, the user is presented with
access only to the matters/portfolios that have been associated
with the user ID. More (e.g., additional contact information) or
fewer data fields associated with a user may be included in a user
entry stored in user database 202.
[0028] In an embodiment, matter database 204 stores data
representing matters. Each matter may be associated with one or
more portfolios. In some embodiments, a matter is associated with
no portfolios. In various embodiments, a matter is a foreign or
domestic patent or application. Matters may also be inventions that
have not yet been filed (e.g., as may be the case within a
docketing system). In an embodiment, a matter entry includes data
fields representing a matter ID, patent number, publication number,
serial number, docketing number, title (e.g., the name of the
patent or application), type of the matter (e.g., application,
issued patent, PCT application), status of the matter (e.g.,
issued, abandoned, allowed), a link to the patent office where the
matter was filed, a link to a PDF download of the matter, abstract
of the matter, inventors of the matter, current owner of the
matter, cited references on the face of the matter, filed date,
issue date, docket number, and annuity information (e.g., due date,
country, and amount due). In some embodiments, other patent
reference documents or prior art in any form may be stored and
associated with one or more matters. More or fewer data fields
associated with a patent may be included in a matter entry stored
in matter database 204. In an example embodiment, matter database
204 may store a patent matter database, wherein this database
includes data about the patent matters. The data may include, for
at least one patent matter, a claim set or statement of invention
and a priority date for the claim set or statement of invention.
Matter database 204 may also store a database of prior art
documents (also known as "references"), wherein the prior art
database includes data about the prior art documents. The data may
include, for at least one prior art document, a priority date or
publication date of the document. One or more of the prior art
documents may be associated with a first patent matter in the
patent matter database. Matter database 204 may also store data
obtained from internal or external sources relating to cited
references owned by or cited against (in "forward" or "reverse"
manner) a target entity (for example, a client of a firm) as well
as cited references owned by or cited against (in "forward" or
"reverse" manner) another entity (for example, a competitor of the
client or other target entity). Public bibliographic details of
such cited references may be obtainable from websites or databases
associated with foreign and domestic patent offices (PAIR),
assignment databases, WIPO, and INPADOC. In various embodiments,
the data is scraped and parsed from the websites if it is
unavailable through a database. The data may be gathered using API
calls to the sources when available. The data may be imported and
stored in the operations database on a scheduled basis, such as
daily, weekly, monthly, quarterly, or some other regular or
periodic interval. Alternatively, the data may be imported
on-demand. The imported data may relate to any information
pertaining to patents or patent applications, such as serial
numbers, title, cited art, inventor or assignee details and the
like.
[0029] In various embodiments, a matter is associated with one or
more other matters as a family with a family ID. Family members may
be priority documents, continuation patents/applications,
divisional patents/applications, and foreign patent/application
counterparts. In an embodiment, family information is determined
according to an external source such as INPADOC. Patent reference
documents and/or other prior art may be manually or automatically
stored, cross-cited and associated with related family matters, for
example.
[0030] Portfolio database 206, in an example embodiment, stores
data representing portfolios of one or more matters. Data stored in
portfolio database 206 may have been previously generated by a tool
of patent management system 102. In various embodiments, a
portfolio may be generated by a user using patent management system
102. For example, a user interface may be presented to the user
requesting a name for the portfolio and identifiers of matters to
be included in the portfolio. In an embodiment, a portfolio entry
in portfolio database 206 includes the data fields of portfolio ID
and portfolio name. Additionally, a data field for matter ID may
also be included in an entry in the portfolio database. Thus, each
portfolio may be associated with one or more matters through the
use of the matter ID data field. More or fewer data fields
associated with a portfolio may be included in a portfolio entry of
portfolio database 206.
[0031] In various embodiments, mapping database 208 may include
mappings of patent concepts to one or more matters. In an example
embodiment, the underlying patents and patent claims included in
each patent portfolio may be categorized by patent concepts
(sometimes referred herein as concepts) such as scope concepts (SC)
and technology categories (TC).
[0032] In an example embodiment, technology categories are
categories that claims relate to, but are not necessarily limited
to. For example, a claim to a pulse generator may be put in the
technology category "pacemaker", but not be limited to a pacemaker
per se--perhaps the claim merely says that the pulse generator
generates a pulse of certain type that is useful for pacing, but
pacing does not appear in the claim. Hence, the claim relates to
the technology category "pacemaker," but it is not limited to being
a pacemaker.
[0033] In an example embodiment, scope concepts are concepts that a
claim is limited to. This is contrast to technology categories,
where the claim may be mapped to a TC but it not necessarily
limited to it. A scope concept may be defined in a way to give the
concept a context that a user can understand without necessarily
having to look at the corresponding claim language. For example, if
the scope concept is "method or apparatus for cardiac rhythm
management", and it is mapped to claim A, then claim A by
definition is limited to this application, such that if a target
device does not perform cardiac rhythm management, then it would
not infringe claim A.
[0034] In an example embodiment, there are two types of scope
concepts: 1) high level scope concepts that are like technical
categories in the sense they are broad and general and apply to
many claims in a portfolio; and 2) scope concepts that are specific
to a limited number of claims--for example all claims in a patent
may be limited to a very specific distinguishing feature, and this
feature could be the basis for a scope concept.
[0035] In some example embodiments, high level scope concepts may
be defined prior to mapping, and then assigned as applicable. For
example, several scope concepts like: atrial pacing, ventricular
pacing, defibrillation method or device, etc, may be defined. Then
a mapping team may go through all claims in a portfolio and map
these scope concepts to claims that are limited to these concepts.
After the mapping is complete, an analysis may be done showing how
many claims in the portfolio are limited to each of these scope
concepts, and the claims may be presented for each SC. This may be
useful is disqualify claims that are not of interest to a
particular target (e.g., if an analysis is being done to find a
claim that covers an alleged infringer).
[0036] In some example embodiments, specific scope concepts are
mapped patent by patent or by patent family. These may enable a
person to create one or two scope concepts that can be mapped
across all claims in given patent, a family of patents, or across a
portion of a patent portfolio. In order to effectively formulate a
scope concept that may be globally useful across a patent
portfolio, it may be useful to be able to examine multiple patent
claims at the same time even if they are not all in the same patent
or patent family. A keyword mapping may indicate that there is an
exact match between the keyword and a subset of the claim
language.
[0037] In various embodiments, analytics database 210 stores data
representing calculated analytics on data stored within patent
management system 102 or external data sources. In various
embodiments, analytics are organized according to an individual
matter, a portfolio, or family, or date of an event (such as an
assignment recordal, for example). Events may be organized by a
date range (for example, all assignments occurring between
Corporation A and Corporation B in the last 6 months, or all
filings made by inventor X in last 12 months). The calculated
analytics may be based on information gathered from multiple
sources such as databases of patent management system 102 and
PAIR.
[0038] In various embodiments, information for an individual matter
may include status (e.g., disclosure received, drafting, filed,
completed-waiting examination, in prosecution, allowed, issued),
cited prior art, list and type of rejections (e.g., 35 U.S.C.
.sctn.101, 102, 103) number of claims allowed, office action count,
interviews held, IDS statements filed, attorney fees to date, and
PTO fees to date. Further metrics for an individual matter stored
in analytics database 210 may include, time waiting for examiner,
total time in examination, time waiting for PTO while in
examination, and time on appeal. Additional prosecution details may
include an upcoming docket date (e.g., due dates for office action,
IDS due dates, etc.). A claim prosecution history chart may also be
stored in analytics database 210 for each matter. The prosecution
history may include a history of claim amendments and arguments
made in prosecution.
[0039] In various embodiments, portfolio and family analytics
information may be stored in analytics database 210 based on
aggregating the metrics for an individual matter. In an embodiment,
the analytics of a family may differ from those in a portfolio as
not all family member matters may be part of a portfolio.
Additionally, the analytics may be stored for multiple time periods
such that comparisons may be made between current metrics and
metrics from a year ago (or other time period).
[0040] Aggregated metrics may include a total patents and
applications, pending and waiting for examination, in prosecution
with no claims allowed, in prosecution with some claims allowed,
appealed, notice of allowance received, and issued. These metrics
may be compiled for both US and international matters in the
portfolio. Additional information may include the international
portfolio distribution by country. An age distribution of the
portfolio may also be compiled. For example the portfolio may be
broken down by less than one year old, 1 to 3 years old, 3 to 5
years old, 5 to 10 years old, 10 to 20 years old, and 20 or more
years old. Recent filing and issue activity as well as upcoming
Ford filing deadlines may be stored in analytics database 210.
[0041] In various embodiments, prosecution metrics across a
portfolio or family are determined and stored in analytics database
210. This data may include matters waiting for examination, matters
in examination, matters appealed, and cases allowed but not yet
issued. Analytics with respect office actions may also be compiled
and stored. For example success of allowance after a first office
action response, a second response, and so forth may be stored in
analytics database 210. Additional prosecution analytics may
include allowance rate (e.g., 10%) after a telephone interview,
allowance after an in-person interview, percentage of interviews
with response, number and type of rejection, average time in
prosecution (e.g., in months), average time to file a response, and
average time to next office action. Further, the list of recently
allowed cases, recently appealed cases, stalled cases, and recently
abandoned cases may also be stored for each portfolio and family in
analytics database 210.
[0042] In various embodiments, the results of keyword analysis on
one or more matters and/or prior art references may be stored in
analytics database 210. The keyword analysis may be based on the
occurrences of the keywords in the matter or references to derive a
score or keyword overlap.
[0043] In various embodiments, data stored in the database for a
group of matters in a portfolio or family is analyzed to determine
the top (e.g., ten) most cited patents, the top most cited
inventors, top most cited prior art owners (e.g., according to
assignment documents or the face of the patent), newly (e.g.,
within the last 60 days) cited prior art owners, and top most cited
prior art inventors. This information may be stored in analytics
database 210.
[0044] In an embodiment, display module 212 is configured to
display user interfaces and information retrieved from one or more
databases 202-210. If a user is accessing patent management system
102 remotely (e.g., through a web browser) display module 212 may
be configured to transmit data representing a user-interface
through a network to a user terminal. In various embodiments,
display module 212 is configured to generate one or more charts of
data stored in databases 202-210. For example, display module 212
may generate a pie chart of the top 10 inventors within a
portfolio.
[0045] In various embodiments, input module 214 receives data from
multiple sources where it may be further processed by one or more
other modules and stored in one or more of databases 202-210. In
various embodiments, input module 214 or the patent management
system 102 may comprise a search engine (not shown) for conducting
searches at a patent registry or on the Internet. For example,
input module 214 may be configured to utilize one or more APIs to
data from one or more patent data stores (e.g., public PAIR,
private PAIR, INPADOC, foreign patent offices, patent docketing
systems, portfolio management systems, etc). The data may include
published patent documents, patent applications, office actions or
other patent office correspondence, prior art references, claim
mappings, dockets dates, annuity payment data and patent or patent
application assignment information. Specific assignment data may
include details pertaining to the assignor or assignee (e.g. name,
address, nationality, place of incorporation), date of assignment,
details of the matter being assigned, or any other data pertaining
to assignments or change in ownership that may be recorded at any
national or regional patent registry such as the United States
Patent and Trademark Office (USPTO), World Intellectual Property
Organization (WIPO) or European Patent Office (EPO), for
example.
[0046] In various embodiments, input module 214 is configured to
receive input from one or more user interface elements. For example
patent management system 102 may present multiple user interfaces
to a user. These user interfaces may enable users to input data
directly into databases 202-210, instruct the patent management
system to retrieve data from patent data stores, and instruct the
patent management system to perform various operations (e.g.,
analysis) on the data in databases 202-210.
[0047] Additionally, input module 214 may be configured to
determine the selection of one or more user interface elements by a
user and initiate the action associated with the selected user
interface element. For example, a user interface element may
include a drop-down menu to select a portfolio. Input module 214
may be configured to receive the selection of the portfolio by the
user. Then, input module 214 may pass the selection to one or more
other modules for further processing. For example, display module
212 may update the drop-down menu to indicate the selection of the
portfolio. In other example embodiments, a user may select an
assignee name, or technology field, or date range of potential
interest (or a combination of these or other aspects of interest),
for which the user wishes to be informed of recent or ongoing
assignment or change in ownership status. The user may request to
be informed regularly (daily, weekly or monthly, for example) of
ongoing assignments or changes in ownership by making a selection
of the appropriate interface elements.
[0048] In various embodiments, input module 214 processes the data
that has been inputted and formats it according to the data fields
of databases 202-210 as discussed above. In various embodiments
processing is completed using a parsing module (not shown). For
example, consider a patent publication that a user has directed to
be inputted into one or more of the databases. The parsing module
may use a combination of automatic image recognition and text
analysis to determine the filing date, issue date, title, abstract,
and claims of the patent. In some embodiments, the parsing module
may flag certain pieces of data that had been determined to be
potentially inaccurate (e.g., a number could not be read). A user
of patent management system 102 may then examine the flagged data
and manually enter the information which is then stored in the
appropriate database.
[0049] The resulting data that has been parsed by the parsing
module may then be entered as an entry in one or more of databases
202-210. This may be accomplished by, for example, formulating an
insert SQL query with the parsed information. In various
embodiments the parsing module may parse multiple pieces of
information before generating a database entry. For example, input
module 214 may receive a docket number for an issued patent. The
docket number may be combined with the information parsed from the
issued patent to form an entry in matter database 204.
[0050] In various embodiments, mapping module 216 is configured to
facilitate mappings of scope concept, technology categories, prior
art and keywords to patent claims of a matter. In an embodiment,
mapping signifies association. For example, in conjunction with
display module 212 and input module 214, mapping module 216 may
present a user interface of patent claims stored in matter database
204 and scope concepts stored in mapping database 208. Input module
214 may receive a selection of one or more patent claims and one or
more scope concepts and pass them to mapping module 216. Mapping
module 216 may then formulate an SQL query to associate the one or
more patents claims with the one or more scope concepts. When
executed, the SQL query, may update the mapping database 208 with
the associations. In various embodiments, mapping module 216 also
allows the creation of new scope concepts, technology categories,
and keywords that may be mapped to one or more patent claims.
Furthermore, mapping module may present user interfaces that allow
a user to rank and rate matters stored in matter database 204.
[0051] Mapping module 216 may also allow the generation of claim
charts of a plurality of cells. A claim chart may include one or
more scope concepts, technology categories, and keywords on one
axis and claims of matters in a portfolio on the other axis. The
claim chart may include a variety of levels of granularity of scope
concepts. Some claims may be mapped to all of the scope concepts
while others may not be mapped to any scope concepts. At the cell
intersection between a scope concept (or technology category or
keyword) and a claim an indication of the mapping may be presented
by changing the format of the cell. For example, the cell may be
colored blue when a scope concept is mapped and red when not
mapped.
[0052] In various embodiments, analytics module 218 is configured
to examine and run calculations on the data stored in the databases
202-210 to generate the analytics previously discussed. For
example, analytics module 218 may formulate an SQL query that
retrieves the number of times that a prior art reference has been
cited within a portfolio. This query may be run for each prior art
cited within the portfolio to determine a list of the most cited
(e.g., the top ten) prior art references with a portfolio. In an
embodiment, the queries are formulated and run as requested by a
user. In an embodiment, once the analytics information has been
determined, it is stored within analytics database 210. In various
embodiments, queries are formulated and run on a periodic basis
(e.g., nightly) and entries in analytics database 210 may be
updated to reflect any changes. In other embodiments, the analytics
module 218 may in response to user input formulate a query to
examine how many times a given patent matter has been assigned or
been subject to a change in ownership from one party to another.
Other queries analyzing patent assignment data may be run as
requested by a user.
[0053] In various embodiments, the analytics module 218 is
configured to analyze and map cited reference data stored in the
matter database 204. The data may be scraped in by the input module
214. For example, cited references owned by or cited against target
or other entities as mentioned above may be mapped against each
other to determine a "prior art" overlap. The overlap may be
presented graphically, for example in a graphic user interface
presented in user terminal 104. In various embodiments, the overlap
may relate to so-called "forward" citations, or "reverse"
citations, or both. In various embodiments, the overlap may be
presented for a target company and one or more competitors. Changes
in the overlap over time may also be stored and mapped to give an
indication to a user of technology trends, changes in trends and
the ongoing development of potentially relevant prior art. In
various embodiments, a prior art overlap between a target and
competitor may be stored, mapped and shown for a single patent, a
portfolio of patents, or a family of patents. The target and other
entities of interest, such as competitor companies or inventors,
may be selected by the user.
[0054] An analytical result or mapping may be displayed as a list
of prior art cited against both the target and competitor, with an
indication of which art overlaps or is common to both listings. In
various embodiments, the analytical result or mapping may in
addition or alternatively present a list of companies that own the
prior art cited against the target and other entities. The target
company may appear as an owner. The display module 212 may be
configured to display the results of the mappings and overlap of
cited references as a bar chart, or listings, or other graphic, in
a user interface of the type shown for example in FIG. 4.
[0055] In various embodiments, the analytics module 218 is
configured to receive input identifying a pool of keywords for a
first patent matter in matter database 204 and associated prior art
documents in matter database 204. The term keyword is intended to
include individual keywords as well as a number of keywords grouped
together making up a key phrase, for example. The module 218 may be
further configured to perform a keyword analysis on the first
patent matter and associated prior art documents based on
occurrences of the keywords in the first patent matter and
associated prior art documents. The analytics module 218 may be
further configured to identify, based on the analysis, keywords
occurring uniquely in the first patent matter. In view of their
uniquely occurring nature, these keywords may be regarded as claim
elements potentially differentiating the claim set or statement of
invention over the disclosures contained in the one or more prior
art documents.
[0056] In various embodiments, the analytics module 218 is
configured to generate for a user the patent activity profiles of
one or more entities. The entities may be competitive entities to
the user, or the user's employer or client. The generated activity
profiles may form part of information to assist in strategic
monitoring of patent portfolios. A patent activity profile may be
built for a particular patent applicant or owner, or a type of
owner, and then deviances from that profile may be flagged. The
profile may include foreign filing patterns, US filing
patterns--for example, does the owner typically file a provisional
application first, followed by a PCT application, or is a US
application typically filed thereafter? The profile may include
information about abandonments--for example, what subject matter
does an owner give up on or surrender during prosecution, or in
making abandonment decisions? In various embodiments, the profile
may include information about instances or circumstances in which
an owner does not pay a patent annuity or renewal fee. The profile
may include any of the data stored in analytics database 210
referred to above. Analytics module 218 may be configured to flag
deviances from a profile and send update alerts sent to a user
accordingly. For example, in conjunction with display module 212
and input module 214, analytics module 218 may present to a user an
interface indicating one or more patent activity profiles for one
or more patent owners for the user to select and review.
[0057] In some embodiments, a prior art date analyzer system or
tool is provided. The system interacts with an external patent
database, such as PAIR, to pull from PAIR priority dates based on
user-selected patent matters and apply prior art rules to determine
the likely effective date of the reference as a potential citation
against another patent matter.
[0058] In some embodiments a prior art date analyzer system
comprises a search engine (not shown, but for example part of input
module 214) to retrieve data from an external patent database (for
example PAIR), the data including at least one priority date for a
patent matter stored in the database, and an analytics module (for
example analytics module 218) configured to receive input
identifying national prior art rules, analyze the retrieved data to
identify criteria relevant to the rules, and to determine
automatically the likely effective date of the reference. The
analyzer system may further comprise a database (for example matter
database 204 or analytics database 210) for storing a plurality of
national prior art rules for configuring the analytics module to
perform the date analysis.
[0059] The analyzer system may further comprise a display module
for displaying the results of the date analysis to a user, and in
some embodiments, the display module is configured to display the
results to a user in a hand-held electronic or mobile device.
[0060] In some embodiments, a patent management system comprises a
network 106; at least one database 116 (or any of its sub-databases
202-210) accessible on the network and storing data including at
least one priority date for a patent matter stored in the database;
and a server (110-118), operatively connected to the network,
wherein the server includes a processor, a memory, and software
operable on the processor to receive input identifying a patent
matter in the database and retrieve at least one priority date for
the matter from the database, receive input identifying national
prior art rules, analyze the retrieved data to identify criteria
relevant to the rules, and to determine automatically the likely
effective date of the reference.
[0061] The tracking module 220, according to an example embodiment,
maintains information related to a specific patent, group of
patents, or concept. For example, the tracking module may store
information related to a patent's prosecution and litigation
history (such as office actions or claim amendments). In other
example embodiments, the tracking module 220 may store information
relating to the assignment of patent applications or patents from
one assignee to another, or from an inventor to employer assignee,
for example. Information of this nature may be stored by tracking
module 220 for defined sets of applications or patents registered
in a specified name, and within certain date ranges, for example.
Update alerts (e.g., electronic mail, SMS, or similar) may be sent
to a user indicating a change in ownership for a patent or patent
application.
[0062] In various embodiments, the filtering module 222 is
configured to filter a set of matters according to a user
preference. For example, a user may activate a check box that
indicates only pending matters should be shown in a user interface.
Filtering module 222 may formulate an assignment query consistent
with retrieving only pending matters. The results of the query (or
any query) may then be shared with display module 212 where the
user interface may be updated. The regular alerts may in other
example embodiments be pushed to a user terminal 104, an external
website, an intranet site, a PDA, smart phone, or other similar
handheld device.
[0063] In various embodiments, a patent management system 102 may
be provided for automatically monitoring developments in a field of
prior art. The system may comprise a database for maintaining an
ontology of patent concepts of the type described above, and an
input module 214 for receiving a search query including a first
patent concept related to the field of prior art to be monitored.
In an example embodiment, a search engine (not shown) may be
provided and configured to search the Internet as a function of the
search query and generate a first set of search results. The search
engine may be further configured to run a second search, as a
function of the same search query, on a subsequent occasion to
generate a second set of search results. The analytics module 218
may be configured to compare the first and second sets of search
results to identify differences in the results, and the display
module 212 may be configured to communicate the differences in the
search results to a user.
[0064] The system may further comprising a patent matter database
(e.g. matter database 204) wherein the database includes data about
the patent matters and the data including a claim set for at least
one patent matter and wherein the first patent concept relates to
at least one feature of the claim set. In one example embodiment,
the input module may be further configured to receive the search
query including the first patent concept from a user who may select
at least one patent concept from the stored ontology or provide a
new patent concept. In another example embodiment, the mapping
module 216 may be configured to automatically provide the search
query including the first patent concept to the input module 214,
and may be further configured to automatically select at least one
patent concept from the stored ontology. The first patent concept
may include at least one keyword, for example at least one keyword
present in the claim set. In an example embodiment, the first
patent concept may include at least one scope concept, for example
at least one scope concept present in the claim set.
[0065] In various embodiments and with reference to FIG. 2, a
system for managing patent matters 102 may comprise an input module
214 to scrape patent data from an external patent database 120
(such as PAIR), the data including event dates of at least one
patent matter; a docket engine (not shown but may be part of
analytics module 218) to docket the scraped event dates and, based
on the scraped dates, to calculate response due dates for the at
least one patent matter; a search engine (not shown but may be part
of input module 214) to identify and download at least one document
from the external patent database 120; and a mapping module 216 to
associate at least one response due date with the at least one
downloaded document.
[0066] The input module may scrape data including a transaction log
from the external database, such as a log of office actions for at
least one patent matter. The docket engine may, in some
embodiments, docket response due dates including dates for filing
foreign applications or prior art cross-citation. The mapping
module 216 may in some embodiment associate the at least one
response due date with the at least one downloaded document by
embedding the at least one due date in the downloaded document. The
at least one downloaded document and the at least one due date
embedded in it may be in PDF, Excel or XML form. In some
embodiments, the mapping module 216 may provide the response due
dates in a user's Outlook calendar, for example.
[0067] In some embodiments, a patent management system comprises a
network 106; at least one patent database (operations database 116,
sub-databases 202-210, or external source database at USPTO PAIR,
for example), accessible on the network, and storing data including
event dates of at least one patent matter stored in the database,
and a server (any one of 110-118), operatively connected to the
network, wherein the server includes a processor, a memory,
software operable on the processor to scrape patent data from the
patent database, the data including event dates of at least one
patent matter, docket the scraped event dates and, based on the
scraped dates, calculate response due dates for the at least one
patent matter, download at least one document from the external
patent database, and associate at least one response due date with
the at least one downloaded document.
[0068] In various embodiments, a system for generating patent
prosecution analytics for as patent management system 102 comprises
an input module 214 to scrape data from an external patent database
120 (such as PAIR), the data containing information about office
action activity and responses thereto for at least one patent
matter stored in the database; and one or more analytics modules
218 to analyze the office action activity and responses thereto to
identify at least instances in which a response has resulted in
allowance of at least one claim in the at least one patent matter,
or at least instances in which a response has not resulted in
allowance of a claim in the at least one patent matter; identify at
least one Examiner or attorney associated with the instances of
allowance or non-allowance; and create a prosecution profile for
the Examiner or attorney based on the identified instances of
allowance or non-allowance.
[0069] The one or more analytics modules 218 may identify the
grounds of rejection relied upon in the office action activity for
the at least one patent matter and, based on the grounds of
rejection, group the instances of allowance or non-allowance in the
created profile for the Examiner or attorney. In some embodiments,
the one or more analytics modules 218 may generate a listing of
prosecution profiles for the Examiners or attorneys, the listing
comprising prosecution success rates for the Examiners or attorneys
based on the number of instances of allowance or non-allowance. In
further example embodiments, the one or more analytics modules may
generate a listing of prosecution profiles for the Examiners or
attorneys, the listing comprising prosecution success rates for the
Examiners or attorneys based on the number of instances of
allowance or non-allowance grouped according to the identified
grounds of rejection.
[0070] In various embodiments, a patent management system comprises
a network 106; at least one patent database (any one or more of
databases 116, 202-210, or external database source 120) accessible
on the network 106, and storing data containing information about
office action activity and responses thereto for at least one
patent matter stored in the database, and a server (any one or more
of 110-118), operatively connected to the network 106, wherein the
server includes a processor, a memory, and software operable on the
processor to scrape data from the patent database, the scraped data
containing information about office action activity and responses
thereto for at least one patent matter stored in the database;
analyze the scraped data to identify at least instances in which a
response has resulted in allowance of at least one claim in the at
least one patent matter, or at least instances in which a response
has not resulted in allowance of a claim in the at least one patent
matter; identify at least one Examiner or attorney associated with
the instances of allowance or non-allowance; and create a
prosecution profile for the Examiner or attorney based on the
identified instances of allowance or non-allowance.
[0071] In various embodiments, a patent management system 102 has
one or more hard-wired modules (any one or more of modules 212-222)
to perform at least a portion of one or more of the following:
download at least one patent document from an external patent
database 120; apply optical character recognition to the downloaded
document to provide a text-readable version of the at least one
patent document; automatically apply electronic text analysis to
the text-readable version to extract one or more data elements
associated with a field of interest, and transmit the data elements
to a user. The one or more hard-wired modules (212-222) may further
be configured to embed an action date in the text-readable version
of the at least one patent document.
[0072] In various embodiments, a patent management system 102
presents one or more data fields of interest to a user. The data
fields may for example be any of those associated with the user
interface elements described further below in relation to FIG. 4,
or as described above in relation to the information processed by
analytics module 218. The system 102 comprises a network 106; at
least one patent database (anyone or more of 116, 202-210, or
external database source 120) accessible on the network and storing
data relating to one or more of the data fields of interest for at
least one patent matter stored in the database, and a server (any
one or more of servers 110-118), operatively connected to the
network, wherein the server includes a processor, a memory, and
software operable on the processor to download at least one patent
document from the external patent database; apply optical character
recognition to the downloaded document to provide a text-readable
version of the at least one patent document; automatically apply
electronic text analysis to the text-readable version to extract
one or more data elements associated with a field of interest, and
transmit the data elements to a user. The software may be further
operable on the processor to embed an action date in the
text-readable version of the at least one patent document.
[0073] In various embodiments, a patent management system 102 has a
system for automatically proofing the patent specification of a
granted patent issued on a patent application, the system having
one or more hard-wired modules (212-222) configured to perform at
least a portion of one or more of the following: scan amendments
made to the patent application during prosecution; assemble the
most recent claims, based on the scanned amendments, to create a
test claim set of the claims; compare the test claim set to the
claims as published of the issued patent; and identify any
differences between the compared sets of claims and communicating
the differences to a user.
[0074] The one or more hard-wired modules (212-222) may further
render the specification of the patent as issued into text-readable
form; automatically compare the text of the specification as filed
to the text of the specification of the patent as issued;
automatically identify any differences between the compared
specifications; and communicate the differences to a user.
[0075] In various embodiments, a patent management system comprises
a network 106, at least one patent database (any one or more of
databases 116, 202-210, or external database source 120) accessible
on the network and storing the prosecution history and patent
specifications as filed and as issued of at least one patent matter
stored in the database, and a server (any one or more of servers
110-118) operatively connected to the network, wherein the server
includes a processor, a memory, software operable on the processor
to download at least portions of the file history and specification
as issued of at least one patent matter stored in the patent
database; scan amendments made to the patent matter during
prosecution; assemble the most recent pending claims, based on the
scanned amendments, to create a test claim set of the claims;
compare the test claim set to the claims as published of the issued
patent; and identify any differences between the compared sets of
claims and communicate the differences to a user. The software may
be further operable on the processor to render the specification of
the patent as issued into text-readable form; automatically compare
the text of the specification as filed to the text of the
specification of the patent as issued; automatically identify any
differences between the compared specifications; and communicate
the differences to a user.
[0076] Some embodiments of the present inventive subject matter
include methods for aspects of patent management. Block diagrams of
such methods are shown in FIGS. 3A-3.
[0077] One such embodiment is illustrated in FIG. 3A. A method 300A
for managing patent matters comprises: at block 302A, scraping
patent data from an external patent database, the data including
event dates for at least one patent matter; at block 304A,
providing a docket engine for docketing the scraped event dates
and, based on the scraped dates, calculating response due dates for
the at least one patent matter; at block 306A, downloading at least
one document from the external patent database; and at block 308A,
associating at least one response due date with the at least one
downloaded document.
[0078] The step of scraping data may include scraping a transaction
log from the external database and in some embodiments the
transaction log is a log of office actions for the at least one
patent matter. The response due dates may include dates for filing
foreign applications or prior art cross-citation. The step of
associating at least one response due date with the at least one
downloaded document may include embedding the at least one due date
in the downloaded document. The at least one downloaded document
and the at least one due date embedded in it may be in PDF, Excel
or XML form. The method 300A may include providing the response due
dates in a user's Outlook calendar. The external patent database
may be the USPTO database accessible via PAIR.
[0079] Another example method embodiment is shown in FIG. 3B. A
method 300B of generating patent prosecution analytics may
comprise: at block 302B scraping data from an external patent
database, the data containing information about office action
activity and responses thereto for at least one patent matter
stored in the database; at block 304B, analyzing the office action
activity and responses thereto to identify at least instances in
which a response has resulted in allowance of at least one claim in
the at least one patent matter, or at least instances in which a
response has not resulted in allowance of a claim in the at least
one patent matter; at block 306B, identifying at least one Examiner
or attorney associated with the instances of allowance or
non-allowance; and at block 308B creating a prosecution profile for
the Examiner or attorney based on the identified instances of
allowance or non-allowance.
[0080] The method 300B may further comprise identifying the grounds
of rejection relied upon in the office action activity for at least
one patent matter and, based on the grounds of rejection, grouping
the instances of allowance or non-allowance in the created profile
for the Examiner or attorney. In some embodiments, the method may
further comprise generating a listing of prosecution profiles for
the Examiners or attorneys, the listing comprising prosecution
success rates for the Examiners or attorneys based on the number of
instances of allowance or non-allowance. The success rates may be
based on the number of instances of allowance or non-allowance
grouped according to the identified grounds of rejection. The
method may include transmitting a prosecution profile for an
Examiner or attorney to a user.
[0081] In another example embodiment shown in FIG. 3C, a method
300C of providing data for a patent management system which
presents one or more data fields of interest to a user is set out
in a block diagram. The method 300C may comprise: at block 302C,
downloading at least one patent document from an external patent
database; at block 304C, applying optical character recognition to
the downloaded document to provide a text-readable version of the
at least one patent document; at block 306C, automatically applying
electronic text analysis to the text-readable version to extract
one or more data elements associated with a field of interest; and
at block 308C, transmitting the data elements to a user. In an
example embodiment, the method may further comprise the step of
embedding an action date in the text-readable version of the at
least one patent document.
[0082] Another example method embodiment is shown in FIG. 3D. A
method 300D of automatically proofing the patent specification of a
granted patent issued on a patent application is provided. The
method 300D comprises the steps of: at block 302D, scanning
amendments made to the patent application during prosecution; at
block 304D, assembling the most recent claims, based on the scanned
amendments, to create a test claim set of the claims; at block
306D, comparing the test claim set to the claims of the issued
patent as published; at block 308D, identifying any differences
between the compared sets of claims; and at block 310D,
communicating the differences to a user.
[0083] The method 300D may further comprise the steps of rendering
the specification of the patent as issued into text-readable form;
automatically comparing the text of the specification as filed to
the text of the specification of the patent as issued;
automatically identifying any differences between the compared
specifications; and communicating the differences to a user.
[0084] Reference is now made to FIG. 4 which shows a user interface
400 that may be used to facilitate the methods of the present
inventive subject matter, according to example embodiments. The
user interface 400 may be displayed by display module 212 described
above. The user interface may be provided in a website, computer
monitor, or mobile device. The type of user elements, names, and
layout depicted in FIG. 4 are intended to be an illustration of an
example user interface of patent management system 102. Other types
of user elements, names, and layouts may be used.
[0085] User interface 400 is illustrated with multiple user
interface elements. In an example embodiment, a user interface
element is a graphical or textual element that a user may interact
with to cause an application to perform an assigned action for the
interface element. Data representing user interface 400 may be
transmitted via network 106 and presented on a display of user
terminal 104 through the use of a web browser. A user (e.g.,
manager of a patent portfolio etc) may interact with the user
interface elements of user interface 400 through the use of an
input device (e.g., stylus, cursor, mouse, a finger) of the user
terminal. In an embodiment, a user selection is based on the
coordinates of the input device as it makes contact with the
display or where a user "clicks" the mouse. The coordinates are
compared to the coordinates of the user input element to determine
the selection. The type of user elements, names, and layout
depicted in FIG. 4 are intended to be an illustration of an example
user interface of patent management system 102. Other types of user
elements, names, and layouts may be used. Some elements may be
omitted in various embodiments depending on the nature of
management tool provided.
[0086] In general, the user interface elements may include my
matters 402, patent watches 404, and company watches 406. These
elements may be used to select a context/view of the patent
management system. For example, my matters 402 lists the patents
included within a portfolio of a user, patent watches 404 lists
information on patents that the user has indicated the patent
management system is to watch, and company watches 406 lists
information on companies that the user has indicated the system
should watch.
[0087] In various embodiments relating to a "PAIR Plus" patent
management and analytics system, the user interface 400 may have
further user interface elements. The system has access to at least
one patent matter database (in this case the USPTO PAIR database,
although others could be used) and at least one reference database,
for example a reference database stored in matter database 204. A
first user interface element 408 (PAIR data) allows selection by a
user of data stored in PAIR. A second user interface element 410
(Uncited Art) allows selection by a user of data stored in the at
least one reference database (for example, references stored in
matter database 204). User element 412 (Link cases) is a third user
interface element for linking or associating at least one of the
references stored in the reference database with at least one of
the patent matters selected by the user from PAIR. A fourth user
interface element 414 (Scan/Upload documents) allows a user to
select for storage further references into the reference database.
In an example embodiment, input module 214 may be used to find and
load the selected document into the database 204. A fifth user
interface element 416 (Art Analysis) allows a user to select
analysis of at least one of the linked references. In an example
embodiment, the analysis is performed by the analytics module 218.
In an example embodiment, the linked reference may be a reference
not previously cited by the USPTO in an Office Action issued
against the patent matter. In this situation, the third user
interface element 412 (Link cases) may be used to link or associate
the uncited reference with the patent matter for potential citation
in an information disclosure statement.
[0088] User selection of the fifth user element 416 may further
provide a general analytics view of at least one patent matter or
reference stored in PAIR or the database 204. A user may request
further analysis by selecting user interface elements 418 (Art
Highlights) and element 420 (Analytics with Actions). Using element
418 for example allows a user to view the results of a keyword
analysis undertaken on at least one of the linked references. The
keyword analysis may be performed by the analytics module 420 as
described further above using keywords or patent concepts entered
by a user in user interface element 419. Selection of element 420
may allow a user to view a list of docket dates and actions to be
undertaken in response to Office Actions issued by a patent office,
together with an array of views illustrating analytics of selected
patent matters. The analytics may be of any type described further
above in relation to modules 212 through 222 above. In various
embodiments, the docket or action dates are embedded, associated
with or otherwise saved with the documents uploaded into matter
database 204.
[0089] In some embodiments, the general analytics view comprises a
view selected from the group of views comprising: reference
analysis, patent matter analysis, reference highlights, office
action activity, reference submission due dates (selected by user
element 424), foreign filing due dates (selected by user element
422), and patent prosecution process options (selected by user
element 426). As shown in FIG. 4, the first through fifth elements
(408-416) are initially provided in the same view. Pie charts 428
and bar charts 430 may be provided along with other analytical
information.
[0090] Modules, Components and Logic
[0091] Certain embodiments are described herein as including logic
or a number of components, modules, or mechanisms. Modules may
constitute either software modules (e.g., code embodied (1) on a
non-transitory machine-readable medium or (2) in a transmission
signal) or hardware-implemented modules. A hardware-implemented
module is tangible unit capable of performing certain operations
and may be configured or arranged in a certain manner. In example
embodiments, one or more computer systems (e.g., a standalone,
client or server computer system) or one or more processors may be
configured by software (e.g., an application or application
portion) as a hardware-implemented module that operates to perform
certain operations as described herein.
[0092] In various embodiments, a hardware-implemented module may be
implemented mechanically or electronically. For example, a
hardware-implemented module may comprise dedicated circuitry or
logic that is permanently configured (e.g., as a special-purpose
processor, such as a field programmable gate array (FPGA) or an
application-specific integrated circuit (ASIC)) to perform certain
operations. A hardware-implemented module may also comprise
programmable logic or circuitry (e.g., as encompassed within a
general-purpose processor or other programmable processor) that is
temporarily configured by software to perform certain operations.
It will be appreciated that the decision to implement a
hardware-implemented module mechanically, in dedicated and
permanently configured circuitry, or in temporarily configured
circuitry (e.g., configured by software) may be driven by cost and
time considerations.
[0093] Accordingly, the term "hardware-implemented module" should
be understood to encompass a tangible entity, be that an entity
that is physically constructed, permanently configured (e.g.,
hardwired) or temporarily or transitorily configured (e.g.,
programmed) to operate in a certain manner and/or to perform
certain operations described herein. Considering embodiments in
which hardware-implemented modules are temporarily configured
(e.g., programmed), each of the hardware-implemented modules need
not be configured or instantiated at any one instance in time. For
example, where the hardware-implemented modules comprise a
general-purpose processor configured using software, the
general-purpose processor may be configured as respective different
hardware-implemented modules at different times. Software may
accordingly configure a processor, for example, to constitute a
particular hardware-implemented module at one instance of time and
to constitute a different hardware-implemented module at a
different instance of time.
[0094] Hardware-implemented modules can provide information to, and
receive information from, other hardware-implemented modules.
Accordingly, the described hardware-implemented modules may be
regarded as being communicatively coupled. Where multiple of such
hardware-implemented modules exist contemporaneously,
communications may be achieved through signal transmission (e.g.,
over appropriate circuits and buses) that connect the
hardware-implemented modules. In embodiments in which multiple
hardware-implemented modules are configured or instantiated at
different times, communications between such hardware-implemented
modules may be achieved, for example, through the storage and
retrieval of information in memory structures to which the multiple
hardware-implemented modules have access. For example, one
hardware-implemented module may perform an operation, and store the
output of that operation in a memory device to which it is
communicatively coupled. A further hardware-implemented module may
then, at a later time, access the memory device to retrieve and
process the stored output. Hardware-implemented modules may also
initiate communications with input or output devices, and can
operate on a resource (e.g., a collection of information).
[0095] The various operations of example methods described herein
may be performed, at least partially, by one or more processors
that are temporarily configured (e.g., by software) or permanently
configured to perform the relevant operations. Whether temporarily
or permanently configured, such processors may constitute
processor-implemented modules that operate to perform one or more
operations or functions. The modules referred to herein may, in
some example embodiments, comprise processor-implemented
modules.
[0096] Similarly, the methods described herein may be at least
partially processor-implemented. For example, at least some of the
operations of a method may be performed by one or more processors
or processor-implemented modules. The performance of certain of the
operations may be distributed among the one or more processors, not
only residing within a single machine, but deployed across a number
of machines. In some example embodiments, the processor or
processors may be located in a single location (e.g., within a home
environment, an office environment or as a server farm), while in
other embodiments the processors may be distributed across a number
of locations.
[0097] The one or more processors may also operate to support
performance of the relevant operations in a "cloud computing"
environment or as a "software as a service" (SaaS). For example, at
least some of the operations may be performed by a group of
computers (as examples of machines including processors), with
these operations being accessible via a network (e.g., the
Internet) and via one or more appropriate interfaces (e.g.,
Application Program Interfaces (APIs).)
Electronic Apparatus and System
[0098] Example embodiments may be implemented in digital electronic
circuitry, or in computer hardware, firmware, software, or in
combinations of them. Example embodiments may be implemented using
a computer program product, e.g., a computer program tangibly
embodied in an information carrier, e.g., in a machine-readable
medium for execution by, or to control the operation of, data
processing apparatus, e.g., a programmable processor, a computer,
or multiple computers.
[0099] A computer program can be written in any form of programming
language, including compiled or interpreted languages, and it can
be deployed in any form, including as a stand-alone program or as a
module, subroutine, or other unit suitable for use in a computing
environment. A computer program can be deployed to be executed on
one computer or on multiple computers at one site or distributed
across multiple sites and interconnected by a communication
network.
[0100] In example embodiments, operations may be performed by one
or more programmable processors executing a computer program to
perform functions by operating on input data and generating output.
Method operations can also be performed by, and apparatus of
example embodiments may be implemented as, special purpose logic
circuitry, e.g., an FPGA or an ASIC.
[0101] The computing system can include clients and servers. A
client and server are generally remote from each other and
typically interact through a communication network. The
relationship of client and server arises by virtue of computer
programs running on the respective computers and having a
client-server relationship to each other. In embodiments deploying
a programmable computing system, it will be appreciated that that
both hardware and software architectures require consideration.
Specifically, it will be appreciated that the choice of whether to
implement certain functionality in permanently configured hardware
(e.g., an ASIC), in temporarily configured hardware (e.g., a
combination of software and a programmable processor), or a
combination of permanently and temporarily configured hardware may
be a design choice. Below are set out hardware (e.g., machine) and
software architectures that may be deployed, in various example
embodiments.
Example Machine Architecture and Machine-Readable Medium
[0102] FIG. 5 is a block diagram of machine in the example form of
a computer system 500 within which instructions, for causing the
machine to perform any one or more of the 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
PDA, a cellular telephone, a web appliance, a network router,
switch or bridge, or any machine capable of executing 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.
[0103] The example computer system 500 includes a processor 502
(e.g., a central processing unit (CPU), a graphics processing unit
(GPU) or both), a main memory 504 and a static memory 506, which
communicate with each other via a bus 508. The computer system 500
may further include a video display unit 510 (e.g., a liquid
crystal display (LCD) or a cathode ray tube (CRT)). The computer
system 500 also includes an alphanumeric input device 512 (e.g., a
keyboard), a user interface (UI) navigation device 514 (e.g., a
mouse), a disk drive unit 516, a signal generation device 518
(e.g., a speaker) and a network interface device 520.
Machine-Readable Medium
[0104] The disk drive unit 516 includes a machine-readable medium
522 on which is stored one or more sets of instructions and data
structures (e.g., software) 524 embodying or utilized by any one or
more of the methodologies or functions described herein. The
instructions 524 may also reside, completely or at least partially,
within the main memory 504 and/or within the processor 502 during
execution thereof by the computer system 500, with the main memory
504 and the processor 502 also constituting machine-readable
media.
[0105] While the machine-readable medium 522 is shown in an example
embodiment to be a single medium, the term "machine-readable
medium" may 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 instructions or data
structures. The term "machine-readable medium" shall also be taken
to include any tangible medium that is capable of storing, encoding
or carrying instructions for execution by the machine and that
cause the machine to perform any one or more of the methodologies
of the present invention, or that is capable of storing, encoding
or carrying data structures utilized by or associated with such
instructions. The term "machine-readable medium" shall accordingly
be taken to include, but not be limited to, solid-state memories,
and optical and magnetic media. Specific examples of
machine-readable media include non-volatile memory, including by
way of example semiconductor memory devices, e.g., Erasable
Programmable Read-Only Memory (EPROM), Electrically Erasable
Programmable Read-Only Memory (EEPROM), and flash memory devices;
magnetic disks such as internal hard disks and removable disks;
magneto-optical disks; and CD-ROM and DVD-ROM disks.
Transmission Medium
[0106] The instructions 524 may further be transmitted or received
over a communications network 526 using a transmission medium. The
instructions 524 may be transmitted using the network interface
device 520 and any one of a number of well-known transfer protocols
(e.g., HTTP). Examples of communication networks include a local
area network ("LAN"), a wide area network ("WAN"), the Internet,
mobile telephone networks, Plain Old Telephone (POTS) networks, and
wireless data networks (e.g., WiFi and WiMax networks). The term
"transmission medium" shall be taken to include any intangible
medium that is capable of storing, encoding or carrying
instructions for execution by the machine, and includes digital or
analog communications signals or other intangible media to
facilitate communication of such software.
[0107] Although an embodiment has been described with reference to
specific example embodiments, it will be evident that various
modifications and changes may be made to these embodiments without
departing from the broader spirit and scope of the invention.
Accordingly, the specification and drawings are to be regarded in
an illustrative rather than a restrictive sense. The accompanying
drawings that form a part hereof, show by way of illustration, and
not of limitation, specific embodiments in which the subject matter
may be practiced. The embodiments illustrated are described in
sufficient detail to enable those skilled in the art to practice
the teachings disclosed herein. Other embodiments may be utilized
and derived therefrom, such that structural and logical
substitutions and changes may be made without departing from the
scope of this disclosure. This Detailed Description, therefore, is
not to be taken in a limiting sense, and the scope of various
embodiments is defined only by the appended claims, along with the
full range of equivalents to which such claims are entitled.
[0108] Such embodiments of the inventive subject matter may be
referred to herein, individually and/or collectively, by the term
"invention" merely for convenience and without intending to
voluntarily limit the scope of this application to any single
invention or inventive concept if more than one is in fact
disclosed. Thus, although specific embodiments have been
illustrated and described herein, it should be appreciated that any
arrangement calculated to achieve the same purpose may be
substituted for the specific embodiments shown. This disclosure is
intended to cover any and all adaptations or variations of various
embodiments. Combinations of the above embodiments, and other
embodiments not specifically described herein, will be apparent to
those of skill in the art upon reviewing the above description.
Note on the Abstract
[0109] The Abstract of the Disclosure is provided to comply with 37
C.F.R. .sctn.1.72(b), requiring an abstract that will allow the
reader to quickly ascertain the nature of the technical disclosure.
It is submitted with the understanding that it will not be used to
interpret or limit the scope or meaning of the claims. In addition,
in the foregoing Detailed Description, it can be seen that various
features are grouped together in a single embodiment for the
purpose of streamlining the disclosure. This method of disclosure
is not to be interpreted as reflecting an intention that the
claimed embodiments require more features than are expressly
recited in each claim. Rather, as the following claims reflect,
inventive subject matter lies in less than all features of a single
disclosed embodiment. Thus the following claims are hereby
incorporated into the Detailed Description, with each claim
standing on its own as a separate embodiment.
* * * * *