WO2002003250A1 - Systems and methods for providing arena searches - Google Patents
Systems and methods for providing arena searches Download PDFInfo
- Publication number
- WO2002003250A1 WO2002003250A1 PCT/US2001/020630 US0120630W WO0203250A1 WO 2002003250 A1 WO2002003250 A1 WO 2002003250A1 US 0120630 W US0120630 W US 0120630W WO 0203250 A1 WO0203250 A1 WO 0203250A1
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- WIPO (PCT)
- Prior art keywords
- server
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- factors
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- Prior art date
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Classifications
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
- G06Q10/00—Administration; Management
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06F—ELECTRIC DIGITAL DATA PROCESSING
- G06F16/00—Information retrieval; Database structures therefor; File system structures therefor
- G06F16/30—Information retrieval; Database structures therefor; File system structures therefor of unstructured textual data
- G06F16/38—Retrieval characterised by using metadata, e.g. metadata not derived from the content or metadata generated manually
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06F—ELECTRIC DIGITAL DATA PROCESSING
- G06F2216/00—Indexing scheme relating to additional aspects of information retrieval not explicitly covered by G06F16/00 and subgroups
- G06F2216/11—Patent retrieval
Definitions
- This disclosure relates to the field of electronic commerce, and more particularly to tools, methods and systems for searching for items of information relevant to intellectual property and for evaluating items of intellectual property.
- any use of a trademark anywhere in a particular jurisdiction may be relevant to the scope of rights of a trademark holder.
- current information sources do not make available many of the resources that could be availaole. For example, not every library has a copy of every thesis, journal, or publication. Some references may be available only in a single, distant location from the party desiring the reference. Other
- full-text search engines have limited capabilities, as they rely on statistical techniques, key words, and the like that are subject to error and that do not allow searches based on meaning. Thus, methods and systems are needed to improve the quality of searches available on-line and to improve the availability of information through computer
- intellectual property estate such as in the case of due diligence for an acquisition, or
- systems and methods are needed to assist attorneys in providing ongoing advice in certain subject matter areas.
- the intellectual property landscape in an industry can change upon registration of a trademark, issuance of a patent, introduction of a new product, service, or business, or other events. Accordingly, tools are needed to permit professionals to track developments that are relevant to their clients' interests.
- the Internet is a global system of interconnected computer networks formed into a single world wide network.
- a user through the Internet, can interactively transmit messages with users in different locations. Similarly, a user in one location can
- the Internet provides versatile communications functions and acts like a universal library, providing electronic access to resources and information available from Internet sites throughout the world. Access to the Internet can be had from a wide range of locations and through a wide range of devices. For example, a user with a laptop computer and a modem may connect to the Internet through a telephone jack. Wireless Internet connections are also available. The Internet offers the possibility to enable users to have access to a
- Methods and systems are also provided herein to improve the quality of searches available on-line and to improve the availability of information through
- Also provided herein is a suite of simple, convenient tools for the intellectual property professional.
- Systems and methods are also provided herein to assist intellectual property professionals in providing ongoing advice in certain subject matter areas and to track
- database should be understood to encompass any of a variety of computer software, computer hardware, firmware and other products capable of storing data a. records, such as products provided by acle and ⁇ fers, including " relational and object oriented databases.
- server should be understood to encompass any device or
- network should be understood to include the Internet
- the item may be prior art relevant to a patent, scientific and technical
- the methods and systems disclosed herein provide an on ⁇
- information, goods or services identifies a sought-after item, identifies a bounty for a
- Participants in the methods and systems disclosed herein may then visit a s ⁇ f aTT administrator or host to view seai requesters to determine whether a bounty is offered for particular goods, information,
- Participants can claim bounties by meeting the conditions established by the requesters, such as by providing the best response to a
- marketplace for intellectual property information, goods or services, systems and methods disclosed herein greatly enhance the likelihood of a search requester finding a relevant response to a particular query.
- the systems and methods of the invention draw on the distributed knowledge of the general population, and experts and other individuals within that population, to find specif ⁇ inforiTETtion.
- the in ..nation "c ⁇ rr R'es referenced" ' that are relevant to the patentability or validity of an invention.
- systems and methods are provided that, inter alia, post HTML pages on a web site, to allow the general population to view detailed information about information, goods, services,
- the information is information relevant to the patentability or validity of an invention
- the invention is understood as methods for administrating a search request distributed to a large arena of participants.
- the method can include the steps of providing a server for generating a page signal having information that is representative of a characteristic of an item to be identified by a participant in the search request.
- the invention may optionally include methods for
- the invention may optionally include a step of
- method may allow each participant to employ a client process operating on a client
- Each participant can submit an answer to an administrative body or
- the system may provide a mechanism for the participant in the search to provide access to a file, message, library, database, ⁇ .
- ther " Source of information to the seari equester, v ⁇ PBh may rj'e On-line' access or other access.
- the administrative body or host can generate a database that contains
- participant in the contest can be provided access to a search engine that will search a database containing descriptive references of each of the answers previously submitted by the participants in a particular contest.
- search engine can provide a statement as to whether an item that a participant has identified has been earlier provided by another participant in the search. As the winner of the search, can optionally be determined to be the first participant to identify the item being sought, a participant that subsequently identifies the same item can be made to
- the winner may be identified as the participant who identifies the "best" answer to a query, either as determined by the requesting party, by the administrative body, by objective or subjective standards, or at
- the administrative body can review each of the submissions
- participant optionally rewarding the winning participant with a prize, such as a cash reward.
- a prize such as a cash reward.
- the server that provides a page signal having
- information representative of a characteristic of a response to be identified can provide a plurality of such page signals wherein each of the page signals provides a description in an alters . language, thereby allowing the contes j be played 3 ⁇ arena ' of participants that speak multiple languages.
- the page signal can present the characteristics of the item being identified by employing text information, graphic
- the page signals provided by the server can include information that is representative of clues for helping a participant more readily identify an item
- the page signal can include hypertext
- the page signal can include a control that allows the user to download a data file that has information that can be used by the participant as a clue during the participants search for the sought after
- the practices according to the invention can include the steps of
- the receipt signal can include a time stamp that provides the
- prizes are a ⁇ ded as cashWtVards whicn, optionally, can be transmitted to the winning participant by an electronic check
- any suitable means for transmitting a prize to a participant can be any suitable means for transmitting a prize to a participant.
- cash prizes such as loyalty and incentive points, can be used.
- the methods of the invention can include the step of providing a page signal that has a plurality of category controls each being operative to direct a participant to a page having information representative of a characteristic of an item associated with the category.
- the server can provide multiple
- the methods of the invention can provide notification to a participant that has requested to be notified in the even that a new search contest has been entered under a particular category.
- a chemist could be notified each time a new search has begun to identify a chemistry reference.
- the server can be provided with a site blocker
- the server can
- the server can selectively block those participants that are not
- the server can choose to block
- the invention is to be understood as a development kit that
- the development kit can be a computer program that the user
- the search server can use to develop a WEB page that describes an item the user wishes to identify, and which can be readily uploaded to the search server.
- the WEB page that describes an item the user wishes to identify, and which can be readily uploaded to the search server.
- the development kit comprises a page generation mechanism that provides a page signal form to the user.
- the kit can further include a control for allowing the user to include within the page signal form a text signal which is representative of a set of characteristics of the item to be identified by the participants in the search contest, and a control for allowing the user to include within the page signal form a set of predetermined page links for linking one or more of a set of known pages which are controlled by the search server.
- the development kit can include an automatic control for allowing a
- the server can store his time of posting signal to
- the development kit can include a site
- blocking control for allowing the user to identify at least one computer network site and for generating an instruction to a server for directing the server to prevent download (. .he respective markup language page .at at least r ⁇ P' ⁇ dehffi'e'd'' network. This allows the user to restrict the computer networks, and therefore some
- the development kit may include a push site control mechanism for allowing
- an individual establishing a search request may establish conditions for satisfying the request.
- the user might agree to provide a bounty to the first provider of a relevant reference in a patent or trademark situation.
- the user might optionally provide a bounty to the best identified reference, as judged by the user.
- the user may guarantee to provide a bounty to some participant, or may agree to provide a bounty only if preconditions are met.
- the host may optionally administer the decision as to whether the conditions are met.
- the requester may set time limits on the desired responses.
- the requester may optionally establish a bounty for meeting the search
- these terms may, in embodiments, include cash awards, discounts, coupons, incentive programs, loyalty points, goods, services, points, and the like.
- the amount of a bounty may vary widely, depending on the value of the information, goods, serf ⁇ s, or other items sought.
- the" bounty may be predetermined by the requester, or it may be negotiated later by the
- the invention may optionally include steps of establishing a network of
- the participants who participate in attempts to answer search requests.
- the participants may be individuals who have specialized knowledge.
- the host may keep
- the invention by encouraging participants to answer queries, may help establish a
- the invention may be viewed, in one aspect, as a method of electronic commerce for establishing a generalized market for intellectual property information, goods, services and other items that are not readily accessible through the Internet using conventional search engines or experts. It may be recognized that the generalized market may have enhanced value if a wide range of different search requests are supported in an organized fashion. The likelihood of a successful
- an item will be provided, and a bounty collected, for a particular search request.
- an optional aspect of the systems and methods disclosed herein is the establishment of search categories that make it convenient for participants to identify search requests to which they sy have responses.
- some o ,ideration ma'y'be awarded to participants for visiting the site on a regular basis, thus establishing a high likelihood of
- systems and methods disclosed herein may further include
- data may be collected about a wide range of topics and stored in a database to assist in on-line searching of the data.
- Data about search requests can be stored and accessed as a way
- advertising for products and services can be targeted to the population of requesters as a whole, or to particular subsets of requesters, according to those desires, needs and tastes.
- Fig. 1 depicts a schematic of the entities involved in an embodiment of a
- Fig. 2 depicts a host system of an embodiment of the methods and systems
- Fig. 3 depicts a requester computer in an embodiment of the methods
- Fig. 4 depicts a system for large arena intellectual property searching in accordance with an embodiment hereof.
- Fig depicts processes for large arena searc g in accor ⁇ fTce with an
- Fig. 6 depicts a flow chart setting forth steps for a process for large arena
- Fig. 7 depicts an example of a graphical user interface for a requester wishing to find a reference relevant to an item of intellectual property.
- Fig. 8 depicts an example of a search request for a requester wishing to find a reference relevant to an item of intellectual property.
- Fig. 9 depicts a flow chart for process steps in a method or large arena searching in accordance with an embodiment of the invention.
- Fig. 10 illustrates the structure of a dynamic page generator in accordance with
- Figs. 1 1 - 11C depict process steps for evaluating intellectual property in
- Figs. 12 and 12A depict templates for entry of data relevant to valuation of a
- Fig. 13 depicts process steps for determining whether a patent has already been evaluated in accordance with an embodiment.
- Fig. 14 depicts a database record for storing values relevant to valuation a
- Fig. 15 depicts process steps for determining term breadth in accordance with
- Figs. 16 and 16A depict process steps for determining a law firm rating in
- Fig. 16B depicts a database record for storing values associated with the
- Fig. 16C depicts a template for entry of data relevant to the process steps of Figs. 16 and 16A.
- Fig. 17 depicts a flow chart for assigning a value to a filing date.
- Fig. 18 depicts a flow chart for assigning a value to a remaining portion of a patent term.
- Fig..19 depicts a flow chart for assigning a value to layers of protection of
- Ri 0 depicts a flow chart for assigning a i tg to a paterFbased " on litigation '
- Fig. 21 depicts a flow chart for retrieving assignee information .
- Fig . 22 depicts a flow chart for assigning a value to an assignee portfolio of
- Fig . 23 depicts a flow chart for determining inventor information .
- Fig. 24 depicts a flow chart for assigning a value to an inventor portfolio of
- Fig . 25 depicts a flow chart for establishing patent value based on a plurality of
- Figs . 26 and 26A depict a flow chart for determining an attorney rating .
- Fig . 26B depicts a database record for storing values relevant to an attorney
- Fig . 26C depicts a template for entering value relevant to an attorney rating.
- Fig . 27 depicts flow chart for calculating a quality of reference score.
- Fi( 8 depicts a flow chart for determining, '.igation sucwss ra ⁇ ' i'h'g";
- a system disclosed herein are depicted in schematic format.
- a plurality of requesters 102, providerslO ⁇ and a host 104 are connected via a network 110. It should be understood that any number of requesters 102, hosts 104, and providers 108 could participate in such a system 100.
- the network 110 may be a wide area computer network
- a remote server system is interconnected
- the requester system 102 can include
- a client system conventional components of a client system, such as a processor, memory (e.g. RAM),
- a bus which couples the processor and memory, a mass storage device (e.g. a magnetic
- the server system cai so include conventional components si as a process ⁇ memory (e.g.
- RAM random access memory
- bus which couples the processor and memory
- mass storage device e.g. a hard disk drive
- client and server systems such as mass storage devices, or in memories.
- a browser residing on the computer of requester 102, displays a home page retrieved from the World Wide Web on a viewing device, e.g., a screen.
- a viewing device e.g., a screen.
- a user can view this page by entering, or selecting a link to, a Universal
- URL Resource Locator
- the presently preferred network is the Internet.
- the structure of the Internet is well known to those of ordinary skill in the art
- branches in turn, have networks branching from them, and so on.
- the network 104 can include interactive television networks, telephone networks, wireless data transmission systems, two-way cable syst( , custofhized computer networks, inte. ive kiosk' ne ⁇ R>rks' ⁇ a'n ⁇ '
- the network 110 can include online service providers, such as
- the online service provider is a computer system which provides Internet access to a requester 102.
- the online service providers are optional, and in
- the requesters 102 may have direct access to the Internet.
- the network consists of a worldwide computer
- IP Internet Protocol
- Computer systems that are directly connected to the Internet each have an unique Internet address.
- An Internet address consists of four numbers where each number is less than 256. The four numbers of an Internet address are commonly, written out separated by periods such as 192.101.0.3.
- the "Domain Name System" was created. The domain name system allows users to access Internet resources with a simpler alphanumeric naming system.
- Domain name consists of a series of alphanumeric names separated by periods.
- the name “www.expertquest.com” corresponds to an Internet address.
- a Uniform Resource Locator (URL) is a descriptor t specifically defines a type of Internet.
- urce ari'd 5 ⁇ R5'catib'mH j R35s s have the following format: resource-typeJ/domain.address/path-name
- the "domain. address” defines the domain name address of the computer that the resource is located on.
- the "path-name” defines a directory path within the file system of the server that identifies the resource.
- the user To access an initial Web document, the user enters the URL for a Web document into a Web browser program.
- the Web browser then sends an http request to the server that has the Web document using the URL.
- the Web server responds to the http request by sending the requested HTTP object to the client.
- the HTTP object is an plain text (ASCII) document containing text (in ASCII) that is written in HyperText Markup Language (HTML).
- ASCII plain text
- HTML HyperText Markup Language
- the HTML document usually contains hyperlinks to other Web documents.
- the Web browser displays the HTML
- the requester system may be a general
- the requester 102 is equipped with a
- the requester 102 could, for example, be a computer workstation, a local area network of computers, an interactive television, an interactive kiosk, a personal digital assistant, an
- the host 104 may include a server 112 which communicates with one or more databases 114.
- the server 112 may be an HTTP server or other
- the server 112 can include a dynamic page generator, HTML structures, a database module, an action manager, and an order processing module having an order engine, an order pipeline, and components for various purposes, such as calculating sales tax and shipping/handling fees.
- the dynamic page generator can include a dynamic page generator, HTML structures, a database module, an action manager, and an order processing module having an order engine, an order pipeline, and components for various purposes, such as calculating sales tax and shipping/handling fees.
- HTML HyperText Markup Language
- processing module communicates with the dynamic page generator and the database
- the order processing module communicates with
- the order processing module can includes
- the components can include applications to interface commercial banking systems, to calcu ; shipping/rS Tdling, to
- the server 112 may include conventional computer components, such as an
- operating system 118 which may execute a variety of application programs 120 ' .
- server 1 12 may include memory 122 and a communications device 124, such as a
- the communications device 124 may provide a communications connection 128 for connection to the network 110 of Fig. 1
- the host 104 may, in an embodiment, host a site on the Internet or other computer network.
- the host 104 may thus execute various conventional computing functions, such as data processing and file storage, manipulation and retrieval.
- the server 112 may access the database 114, which may be internal to the server 112 or may be a separate database.
- the database 114 may be at a remote location from the server 112 or may be at the same location as the server 112.
- the database(s) 114 comprises data stored locally in one or more storage devices, such as a magnetic disk drive or an optical disk drive.
- the database 1 14 comprises data distributed across a local area network (LAN) or a wide area network (WAN).
- LAN local area network
- WAN wide area network
- the database 1 14 might be a third party database that is accessed
- the server 112 may include query data,
- ticket information order information, requester information, receipts data and the like.
- the server 1 12 hosts a web site, in which case the server 1 12 could include application programs 120 capable of enabling a requester 102 to interact with the server ] 12 through a web browser or similar application, via the network 1 10
- the system uses templates, directives and
- Templates which include directives and actions, can be located in the HTML structures.
- the dynamic page generator composes HTML pages dynamically from templates stored in the HTML structures.
- the requester sends HTML pages dynamically from templates stored in the HTML structures.
- the 102 invokes the dynamic page generator by selecting a URL.
- the system interprets the URL by analyzing its constituents to identify a template and its arguments.
- an "http://" portion of the URL specifies use of the HyperText Transfer Protocol
- HTTP HyperText Transfer Protocol
- a template defines the appearance of a page. Templates include HTML and directives, which are keywords to the dynamic page generator specifying how to build a page for display, such as what data to insert into the page and what queries to run against the database to obtain data for display on the page.
- a template may also include a wide variety of content, such as ActiveX controls, Visual Basic Scripts,
- the system includes several predefined templates in
- HTML HyperText.html
- An "update.html” page likewise provides a form for
- a "confirmed. html” page presents a message confirming completion of the puR .se transaction.
- a "receipt.hti. page preserirr a summary of the order in the form of an online checkout receipt.
- a "detail.html” page
- the system uses actions. For example,
- actions can add an item to an order form, clear an order from, initiate a search request, define a search request, or search a database.
- An action is a routine to perform specific
- Actions have return values that control the display of results to a requester 102 or other operator. Similarly, actions take arguments that control their behavior. Some actions generate errors when they receive incorrect arguments while other
- actions process and validate the arguments they receive. Many action arguments have default values to use when no values are specified.
- the action may cause display of an HTML page having information, such as confirmation information or error information resulting from execution of the action, or the action may redirect the requester 102 to a new HTML page.
- the requester 102 sends requests, e.g., embedded in URL
- HTML documents may contain, for example, registration
- the page generator composes the HTML documents sent to the
- the system provides a set of HTML pages dynamically generated from
- Fig. 10 illustrates one embodiment of a dynamic page generator 304.
- the dynamic page generator 304 includes a page processor 308
- the page processor 304 retrieves and parses a template from
- HTML structures 302 to form an HTML page for display on the browser 306, e.g.,
- the page processor 308 communicates with the query module 310 as needed to extract and format information from the database(s) 312 to display on the browser 306.
- the template can provide a query, such as the name of a team or other contingency event, a bid price for a specified option, or the like, to the query module 310.
- the query module 310 then
- the database module 312 uses the query to retrieve information related to query from associated databases 314 and then passes that query to the database module 312 for execution.
- the database module 312 retrieves from associated databases 314 (such as an option bid database) information related to other bids for the specified option, and then passes that information to the database module 312 for
- present system can compare the queried option bid to returned data from the option
- the database 314 is a relational database that processes queries in the SQL data
- the database 314 executes the query and returns the query results
- the page processor 308 obtains the access object from the query module 310 and pr. jsses the access object to extract and f ⁇ . .at the querynata to prepare
- HTML for display on the browser 306.
- the present system may also include a financial transaction settlement sub ⁇
- the financial transaction settlement sub-system processes various modes of
- the financial transaction settlement sub-system may represent commercially available credit
- the server 112 hosts a web site that enables requesters 102 to interact with various processes of the host 104 in accordance with embodiments disclosed herein.
- the requester computer 154 may include a graphical user interface 130, which may include a template 131 or similar input process
- requester device may interact with the host 104, to accomplish the various processes disclosed herein, such as large arena searching for references relevant to intellectual
- Requesters 102 may interact with the site via a requester device
- 154 which may be any device capable of an Internet connection, such as a personal or
- the requester device 154 may include a graphical user interface 130, which appears on the screen of the requester device 154 and through which the " i jest eW 02 may interact with the site.
- I n embodir ⁇ PS th "fequ'es ' ter ! device 154 permits the user to enter information relating to a process executed by the
- the information may be entered by the requester 102 in any conventional data processing format.
- the user may enter the
- a template 132 which may be an HTML template; JAVA applet, or other conventional mechanism for permitting user entry.
- the entry of the data could be an HTML template; JAVA applet, or other conventional mechanism for permitting user entry.
- requester-entered information may vary, as described below.
- One aspect of. the current disclosure is an Internet search tool using large arena
- Fig. 4 depicts a system 510 that comprises a computer network system for providing large arena searching.
- System 510 includes a search server 512, a plurality of client stations 514A, 514B, and 514C, a wide area network connection (WAN) 516, a plurality of local area network area clients 518A and 518B and a local area network (LAN) 520.
- WAN wide area network connection
- LAN local area network
- the depicted search server 512 is a search and advertisement engine that
- computer platform of the search server 512 can be an MIPS RIOOOO, based mullet-
- the search server 512 can connect to a database served from a series of local 7200 RPM Seagate hard drives.
- the search server 512 can connect to a wide area network, L a as Ine Internet, via a shared 10 mega ethemet co ⁇ cti ⁇ 'n TO "a f outer 1 :
- the router is selected for its proximity to a major internet node, such as the
- FIG. 4 depicts this ethemet connection as the WAN connector 516.
- Each participant of the search can sit at a client station, such as the depicted client stations 514A, 514B and 514C.
- Each of the client stations can be a conventional personal computer system, such as a PC compatible computer system that is equipped with a client process that can operate as a browser, such as the Netscape browser
- Fig. 4 further depicts that the search server 512 can connect via a local area network (LAN) 520 to a plurality of client elements, such as client stations 518A and 518B.
- client stations 518A and 518B can be conventional computer stations, such as PC compatible computer systems that are equipped with a
- the systems of the invention allow for providing a large arena search over a network.
- one aspect of the systems may be establishment of a gaming complex, such
- search server 512 It will be apparent to one of ordinary skill in the art that the search server 512
- client stations 514A-514C and 518A-518C can comprise conventional commercially available computer hardware that becomes configured according to the systems ol _; invention by the operation of comput oftware the conventional computer hardware to operate as systems according to the invention.
- Fig. 5 depicts diagrammatically one embodiment of a software system suitable
- FIG. 5 depicts a software system 530 that includes a client process 532, an HTTP server listener process 534, an HTTP server process 536, a server temporal process 538, a daemon 540, a log file 542, a data file
- the client process 532 can be a computer program operating on the client stations such as those depicted in Fig. 4, that are capable of downloading and responding to computer files served by the server 512.
- the client process 532 can be a browser program that is capable of forming one or more connections to an HTTP server process for transferring pages from the HTTP server process to the client process 532.
- Such a browser process can be the Netscape Navigator browser
- Fig. 5 further depicts that the client process 532 forms one or more
- the HTTP server process can be any suitable server process including the Apache server. Suitable servers are known
- HTTP ser proCSSs serves HTML pages represent /e of searcH»questt"to ' cl'ferlt"
- An HTTP server listener process 534 can be
- a resource file such as a hypertext document, an image, audio, animation, or video file from the
- the client process employs
- HTTP hypertext transfer protocol
- client process 532 transmits a file request that specifies a file name, an internet location (host address), and a method, such as the HTTP, or any other proprietary or standard protocol suitable to retrieve the requested file.
- the HTTP server listener process detects the client request and
- HTTP server processors such as the HTTP server process 536. It will be apparent to one of ordinary skill in the art, that although Fig. 5 depicts one HTTP server process, a plurality of HTTP server process can be executing on the server 512 simultaneously.
- the HTTP server processors can pass the file request typically round-robin style until an HTTP server process is identified that is available to service the client's request.
- the HTTP server process that is available to service is available to service
- the request can cause a server temporal process, such as the server temporal process
- the server temporal process 538 receives the client's request
- the server temporal process 538 is a non-parsed header CGI script
- process 532 will decode the page signal and display to the participant C inuing ⁇ ith the example described abo t e'Hf ML ' Pi ' e serve'a'by'Th'e J server temporal process 538 to the client process 532 will be processed by the client process 532, the browser program, to generate a graphical image of the search request
- the participant can identify information that is responsive to a search request listed on the search request page, the participant can activate a control, such as a button, on the search request page to submit, typically by typing into a form provided by a JavaScript, an applet or other technique, identifying
- the server temporal process 538 can create a log file 542 in which the server
- temporal process 538 stores a signal that identifies the participant that has submitted information in response to a search request and the identification information provided
- the log file 542, or a database can be generated by a CGI Script or any other suitable technique, including any of the techniques described in Graham,
- 542 can act as a database that stores information relevant to responses, such as titles of
- Optionally locking ⁇ he Ar 512 can allow a participant to t ⁇ teror ⁇ e If information identified by the participant has been earlier located by another participant. In this
- the server can provide the participant with a text field on a page, into which the participant can enter information, such as the aforementioned identifying information, for
- the server can fork off another temporal process such as temporal process 538, to direct a search program to search through the file 542 to match the string entered by the participant. If the string is located, then the temporal process 538 can generate a page signal indicating that the
- the process 538 can generate
- the file 542 can be preloaded with a list of information already known as relevant to the subject matter of the search. For example, every reference cited during patent prosecution can be stored in the file 542 in the case of a patent search, to thereby let
- the search can be deemed terminated.
- the server
- temporal process can generate an award file 544, that indicates an award being granted for the
- the award file can include the name of the participant that submitted the
- the server can monitor a time-of-post field carried by the search request signal that indicated when the search was posted on the server 512. To the extent that signal indicates that the search request hasifcen posted for a predetermined duration, the process 538 can time out the request and generate a file 544 that contains information representative of a failure to identify a successful response to a query.
- the file 544 can be sent to the daemon 540 that can store the file
- the daemon can generate or update an HTML page that lists the names of those participants that have been deemed to
- Fig. 6 depicts the process that a user would perform in order to access the server 512 depicted in Fig. 4 and begin searching for responses related to a particular search request.
- Fig. 5 depicts ⁇ a process 560 that includes steps 562 through 582.
- step 562 the user logs on to the server 512 depicted in Fig. 4.
- Process 560 includes an optional step 564 wherein a user would enter a password that server 512 would verify before granting access to the search requests under its control.
- step 568 if the server 512 fails to accept the password entered by the user, then access is denied and the process 560 proceeds to step 568
- step 570 the user is presented with a
- step 570 the user can select a language to proceed with.
- a language for example,
- the user can select to receive pages written in English, Russian, Japanese, Chinese, Korean,
- the search requester page can include a figure that depicts the proposed invention, as well as a
- search result page to determine the type of prior art that is relevant for this search request, it
- step 572 the process 560 proceeds to the optional step 574, wherein the user chooses to download data files to their computer system for use in their search.
- files can include text files that contain the gene sequence for a relevant gene, for copies of patent applications or publications, computer code listings relevant to software inventions, or any other information that would be helpful to a searcher when performing the search request.
- step 578 the user completes the search in process. For example, as shown in Fig. 5, in step 578 the user, if possible, identifies information relevant to a query, such as, for example, a publication that is relevant to the patentability or validity of the system,
- the user then submits the response by e-mail, regular post, or by any other suitable means, to an administrative office,
- step 560 After submitting the response, the process 560 proceeds to step 582 and the search process is
- the administrative office or host creates a
- the administration office reviews the submitted responses and determines if any of the responses are directly relevant to the query, fo ⁇ kample, to the patentability, registrability, or isfii&lidity of the invention, name or mark or disclosed by a patent-, trademark- or trade secret- related search
- the administrative body can provide the user that submitted the response with an incentive award, for example a cash prize.
- the systems and methods disclosed herein permit the party submitting the query or request to the search request page to identify an award, or bounty, for finding the sought-after information, goods or services, as well as the conditions for retrieving the bounty.
- Such conditions could include being the first party to respond, being the party providing the best ' response (by any of a range of possible measures, such as objective standards, subjective standards, the judgment of the requester, or the judgment of the host) within a time period, being the nth party to respond to a particular request, being selected at random, or by any other conditions.
- the award or bounty could be a cash award, goods, services, information, a non-cash prize, a discount coupon, or any other consideration.
- Fig. 7 depicts a home page 590 that can be provided by the server 512 of Fig. 4 for
- the server 512 provides to the user's client process the HTML page"590.
- the HTML page 590 provides controls that allows the user to navigate through the web pages
- the home page 590 includes a control 594
- Fig. 7 depicted in Fig. 7 as a button labeled The List.
- the control 594 when activated by the client,
- the list page that is provided to the user includes a set of categories, such as biotechnology, medicaltown,___, paragraphing
- search request can, if applicable, be listed within several categories. By clicking on a hypertext link of any search request, the user will be presented with a search request page, such as the
- the home page 590 also can include a password
- Fig. 7 further depicts that in an optional embodiment the home page 590 can provide controls 598 that allow a user to select the language of text provided within the pages
- the server 512 will maintain a separate page, or separate
- the user by activating a selected control 598 can instruct the server 512 to provide page
- the server 512 can present the user with a registration page containing a contractual agreement between the
- the home page 590 can include a registration response field (not shown)
- the user can, through the web site, register that the user has identified a response, such as a reference, relevant to the
- the server can generate a return receipt for the user providing a unique identification number identifying this submission of a response to the system.
- the return receipt can also include a time of day stamp to indicate the time of day during which the response submitted by the user was
- the administrative office or the server 512 can determine, if a relevant response is found by more than one party, who submitted the earlier response. In one practice, the user that submits the response earlier is credited with
- the home page 590 can include a search engine that allows a user to enter the name of the product, title of a publication, or any other identifier of
- the search engine can search a database of existing registered responses to
- search engine can return a negative indicator, providing the user with a signal that instructs the search engine
- a person preparing a search request page can also submit a list of known responses deemed relevant to the query, such as to the patentability or validity of the subject matter of the s ⁇ arch request.
- a validity search of an issued U.S. patent the party makmglhe searc request can identify and store the database of every publication cited during prosecution of
- Fig. 8 depicts a search request signal 5100 that includes an image 5102, a text field
- the search request page 5100 can be an HTML page generated by a development kit, or a web authoring tool, or any other suitable authoring system, and will be understood to one of ordinary skill in the art that the present invention is not limited to any system or technique for creating search request pages. Moreover, it will be understood that the depicted search request page 5100 is merely representative of one type of page that can be provided for informing users of the subject matter of a search request, and that any other suitable format for providing a search request can be practiced with the present invention without departing from
- the search request page 5100 includes a graphic image
- the text description might set forth the date of application for any response that is to be submitted by a user.
- The- ext might optionally describe a ⁇ areer or investment opportunity sought, a particular type of home or business real estate opportunity, or any other information
- the page signal 5100 further includes a text block 5106
- the page 5100 includes a hypertext link 5108 that allows the user to jump to links related to the subject matter of the search request.
- the hypertext link 5108 of the depicted embodiment can provide a link to a page
- the search request can employ the multimedia capabilities of the hypertext transfer protocol, or any other protocol suitable for transferring search requests, to provide to a user sound files, videos, examples of application programs, the text of gene sequences, or any other information helpful for the user to formulate a search.
- the hypertext transfer protocol or any other protocol suitable for transferring search requests, to provide to a user sound files, videos, examples of application programs, the text of gene sequences, or any other information helpful for the user to formulate a search.
- the search request page can allow a user to download data files that have sets of information helpful in formulating a search strategy, or in performing a search.
- the server can be provided with a site blocker mechanism that
- the server can employ cookies to identify the computer network, from juhich a participant is accessing the server. In this way, the server can selectively block those participants that are not allowed to play in a particular search.
- the server can choose to block computer networks that are associated
- the invention is to be understood as a development kit that allows the user to generate a mark up language page signal which is suitable for being
- the development kit can be a computer program that the user can use to develop a WEB page that describes an item the user wishes to identify, and which can be
- the development kit comprises a page generation mechanism that provides a page signal form to the user.
- the kit can further include a control for allowing the user to include within the page signal form a text signal which is representative of a set of characteristics of the item to be identified by the participants in the search, and a control for allowing the user to include within the page signal form a set of predetermined page lengths
- the development kit can include an automatic control for allowing a time of
- posting date field to be included within the page signal form, wherein the time of posting field
- the server can store his time of posting signal to control how long the page signal will
- the development kit can include a site blocking control for allowing the user to identify at least one computer network the server to prevent download of the respective markup language page to that at least one identified network. This allows the user to restrict the computer networks, and therefore some of the
- development kit may include a push site control mechanism for allowing the user to specify at
- the user can selectively target those participants that have specifically requested to be alerted
- steps are depicted in a flow chart 5110 for use of systems and
- a search requester may enter a search request, using a page signal such as that described above.
- the search request may be a request for information relevant to a trademark, patent, trade
- search requests may optionally be stored in a database of search requests, so that the host or another entity may access information about the search requests, such as information about the tastes, desires and needs of the requesters, which may be useful in targeting advertisements for particular goods and services to that
- the requester may, optionally, at a step 51 14, establish satisfaction conditions for
- the conditions may include conditions relating to timing, order
- a condition may be that the response not consist of information already in
- Establishment of search conditions may be accomplished by a variety of mechanisms, such as via a text description, a JAVA applet, an HTML or dynamic HTML template, or,othec ⁇ .onventional mechanism for entering text or daia through a network protocol.
- the host may establish parameters for search descriptions, or may permit free text descriptions. Depending on the conditions, it may be possible to automate the determination
- a query might offer a bounty to every query.
- the search requester may establish a bounty to be awarded upon
- the bounty may be any consideration, as described above.
- the bounty may be entered through a similar mechanism as
- JAVA applet used in the establishment of satisfaction conditions, such as a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template, or other conventional mechanism for entering text or data through a JAVA applet, an HTML or dynamic HTML template
- the host or the search requester may optionally identify a
- search requests may, through the step 5118, be entered into groups of similar requests, so that participants may easily identify areas in which they are likely to be able to provide successful responses.
- the categories may be administered by the
- a participant may view the search, such as through a browser or
- participant in the search may enter a response. Entry of the response may be by electronic
- the host may optionally collect re ⁇ pnses in a database of information ⁇
- the database may include categories of information associated with the requests, so that over time information retrieved from previous searches may be found via conventional database search technology using the
- the host may also use such information for other purposes, such as collecting
- the invention assists in establishing not only a marketplace for
- this may be done automatically, or by action of the host or the search requester.
- the bounty may be awarded at the step 5126.
- the bounty may optionally be awarded by the host (who may collect bounties from the search requesters, either in advance or upon satisfaction of
- the award may be fulfilled by credit card, electronic check, paper check, cash, or an appropriate fulfillment method for goods,
- step 51 14 have not been met, then a message may optionally be sent to the participant at a
- step 5128 informing the participant that no bounty will be awarded for that response.
- the systems and methods disclosed herein may further include establishing a database of requests and responses to requests that are made in accordance with the methods
- data may be collected about a wide range of topics and
- Data about search requests can be stored in a database to assist in on-line searching of the data.
- Data about search requests can be
- advertising for products and services can be targeted to the population of requesters as a whole, or to particular subsets of requesters, according to those desires, needs and tastes.
- a database may be pre-computed setting
- class/sub-class combinations may not reflect a desired logical division of subject matter. Accordingly, classes and sub-classes can be aggregated, by the host, or by the
- classes can be sub-divided into sub-classes.
- the host or requester can establish a customized arrangement of classes and sub-classes into a logical subject matter
- the assessment is based on subjective factors, such as the quality of the writing of the specification and claims. However, other factors are either objective, or
- Each of the variables can be multiplied by a constant, allowing for normalization of the different amounts that are measured in different units, providing an equation such as the
- V A*NM - B*LN + C*SCY - D*ME - E*RF + F*SP + G*EMY + H*BRY +
- V is the value obtained by adding each of the elements. It can be observed that various combinations of the elements.
- the number of claims is a positive factor, as a larger number of
- factors could be positive or negative, depending on the value of the variable itself.
- the variable AT representing the attorney-prosecuting the case, could be given a value that is positive or
- the term's frequency of appearance in the English language can be measured, with terms having a threshold frequency being
- the frequency could also be determined in the context of the technical field (or class/sub-class
- the name of the law firm LFNR can be assigned a range of values
- the quality of a law firm can thus be estimated by the
- a look-up taj ⁇ g can be used to retrieve a law firm ranking to Jjg inserted as a positive or a negative in the above equation.
- the size of the law firm LFS might be expected
- LFL law firm
- patent bar in given cities or on objective factors, such as number of law firms in the location,
- the filing date, FD can be treated as a negative factor, if dates are entered numerically, with more recent dates representing higher numbers. Thus, an early filing date can be viewed as a positive.
- RT is another positive factor, representing additional value for the patent. Obviously, FD and RT are somewhat in tension, representing that an early filing date is
- NI Another positive factor
- LP Another positive factor, LP, reflects the number of layers of protection provided in the
- AT may be a positive or negative factor.
- the value of AT may be entered by the user, or it may be
- attorney ratings may be established, which may be used to store and permit access to the
- LIT Another factor, relates to whether the patent has been involved in litigation. LIT may be positive or negative, depending on the outcome of the litigation, or zero if no litigation
- LI relates to the frequency of litigation in the area of the patent, such as determined by the frequency of litigation in the primary class/sub-class combination of the patent. LI may be given a positive value, because patents in litigation-intensive industries may generally be understood to have greater importance than patents in industries where little
- a database of values of LI for various class/sub-class combinations may be established by examining litigation activity for patents over a period of time.
- an estimation such as a least-squares regression or other econometric technique, can be made of the constants that established the closest fit between the above equation and actual experience.
- a significano ⁇ core can be obtained for each of the variablej d for the equation as a whole.
- equation can be refined on an industry- or subject matter- basis. Once refined, some variables
- a system 100 a plurality of requesters 102, providersl08 and a host 104 are connected via a network 110. It should be understood that any number of requesters 102, hosts 104, and providers 108 could participate in such a system 100.
- the host system 104 may be one such as that depicted in connection with Fig. 2, and may be associated with one or more databases 114 for storing data relevant to the processing steps and variables depicted below.
- host 104 may host an Internet site that permits requesters 102 to
- Requesters 102 may be
- Requesters 102 may enter the site using a web browser or similar process over a computer network, at wb ⁇ h point they ⁇ iay be prompted to complete a number of steps, as depicted in the following figures.
- a flow chart 600 is depicted in which steps by which a requester may obtain a valuation of a patent are depicted.
- the user may be given an
- the user may be presented a button, icon, link, or similar process labeled "value a patent,” "patent blue book” or the like,
- step 602 the user indicates a desire to value a patent, such as by clicking on an icon, the user may, at a step 604, be asked to enter data relevant to the patent.
- Data entry may be via an HTML template, JAVA applet, Dynamic HTML
- the database 114 may store a variety of data, including a data file for each patent that is valued by the system, as well as data files for information entered by users or obtained from other databases that is used for valuing patents in accordance with the systems and methods disclosed herein.
- the templates may be presented to the requesters 102 at the host site via the dynamic HTML page generator described elsewhere herein.
- the data may be entered into a single template in a single step, or
- An embodiment of a template 800 may be entered step by step into one or more templates.
- An embodiment of a template 800 may be entered step by step into one or more templates.
- Fig. 12 for data entry is depicted in Fig. 12. Referring to Fig. 11, at the step 604, the user is first
- selection may be accomplished by typing the patent number in the template 802 for the patent
- the user may. at a step 6QJ alter items retrieved from the file and obtain a new valuation, by proceeding through the same steps as are
- Steps for obtaining a previous valuation are set forth in a process 700, which is illustrated in Fig. 13 and which is connected to the flow chart
- the requester 102 may be instructed to look at the upper right-hand corner of the patent to find the patent number and is instructed to enter the seven digit patent number into the patent number template 802. If at the step 606 it is determined that the patent has not been valued before by the host system, then at a step 610 a new database record 900 is created
- the database record 900 includes a plurality of fields, including the record identifier 902 and a field for holding a value for each of the variables that is used in the equation described above, as determined by user entry or other processing steps described herein.
- the database record 900 may optionally include, in addition to the patent record identifier 902, a claim number field 904, an independent claim number field 908, a shortest claim length field 910, a statutory construction
- field 920 a multiple embodiments field 922, a term breadth field 924, a law firm name field
- reference field 942 a layers of protection field 944, a thickness field 946, an amendment words field 948, a novelty rejection field 950 an obviousness rejection field.952, an assignee field 954, an assignee portfolio field 955, an inventor field 958, an inventor portfolio field 959, a remark length field 96 Q ⁇ an attorney field 962, an attorney rating field 9j ⁇ , a class/sub-class field 964, a litigation frequency field 966, a quality of references field 966, a litigation results
- the system If the user asks for help, the user is sent to a help process, where the user is instructed, for example, to look at the number of the last claim on the last page of the patent. If at the step 611 the user enters the number of claims, then at a step 612 the system
- a-step 614 the user is prompted to enter the number of independent claims into an independent claim number template 808, or to ask for help by clicking the help button 809 adjacent to the independent claim number template 808. If the user asks for help, the user is sent to a help process, where the user is instructed, for example, to count the claims that do not refer back to any other claim. If at the step 614 the user enters the number of independent claims, then at a step 618 the system updates the independent claim number field
- help button 81 1 adjacent to the template 810. If the user asks for help, the user is sent to a
- the user If the user asks for help, the user is sent to a help process, where the user is instructed, for example, to see whether the independent claims use different words in the
- preemble such as "method,” “system,” “apparatus” or the like. If at the step 622 the user enters an answer of "yes” or “no” then at a step 624 the system updates the statutory construction field 912 in the record 900 for the patent in the database 114.
- a step 628 the user is prompted to enter whether there are “means” claims in a "means” claim template 814 or to ask for help by clicking the help button 815 adjacent to the template 814. If the user asks for help, the user is sent to a help process, where the user is instructed, for example, to see whether the independent claims use the construction "means for.” If at the step 628 the user enters an answer of "yes” or "no" then at a step 630 the system
- the system updates the number of references field 918 in the record 900 for the patent in the database 1 14.
- the user is prompted to enter the length in pages of the specification into a specification length template 820 or to ask for help by clicking the help
- the system updates the specification length field 920 in the record 900 for the patent in the database 114.
- a step 642 the user is prompted to enter whether there are multiple embodiments in the figures or specification into the multiple embodiments template 822 or to ask for help by clicking the help button 823 adjacent to the template 822. If the user asks for help, the user is sent to a help process, where the user is instructed, for example, to review the figures to see whether they depict different structures or methods and to enter "yes,” “no” or “can't tell” into the multiple embodiments template 822. If at the step 642 the user enters an answer then at a step 644 the system updates the multiple embodiments field 922 in the record
- the user may, at a step 649 elect to calculate term
- a term breadth calculator process is depicted in Fig. 15, which sets forth a flow chart 1 100 for steps used to determine a term breadth rating.
- the term breadth a ⁇ fcing process 1100 is connected to jhe flow cha£ 600 by off-page connector B, which is further described below.
- the rating may rate breadth of claims on a scale from one to one hundred. If at the step 648 the user enters the rating, or after
- a rating is determined in the step 649, then at a step 650 the system updates the term breadth
- the system updates the law firm name field 928 in the record 900 for the patent in the database 114.
- the system may execute a process 1200, as depicted on Fig. 16, which is connected by off- page connector C to the flow chart 600.
- the process 1200 described below, generates a law firm rating from the law firm name field 928 and enters the rating into the law firm rating field 929.
- a step 660 the user is prompted to enter the filing date into the filing date template 838 or to ask for help by clicking the help button 839 adjacent to the template 838.
- the user If the user asks for help, the user is sent to a help process, where the user is instructed, for
- the pr ⁇ fcess 1300 is depicted in Fig. 17 and is connected to the flow chart 600 by off-page connector D.
- the user asks for help, the user is sent to a help process, where the user may find the issue
- the system may execute a process 1400 for calculating the remaining term based on the issue date and the filing date.
- the process 1400 is depicted in Fig. 18 and is connected to the flow chart 600 by off-page connector E.
- a step 670 the user is prompted to enter the number of applications to which there is a cross-reference in a cross-reference template 842 or to ask for help by clicking the help button 843 adjacent to the template 842. If the user asks for help, the user is sent to a help process, where the user is instructed, for example, to look at the first section of the specification of the patent to find cross-references to related applications and to count them. If at the step 670 the user enters an answer then at a step 672 the system updates the cross- reference field 942 in the record 900 for the patent in the database 114 to reflect the answer.
- Said process 1500 is described further below and is depicted in a flow chart 1500 of Fig. 19 that is connected to the flow chart 600 by ofT-page connector F. If at the step 674 the user enters the of protection, of upon return from thgj>rocess 1500, then at a step 678 the system updates the layers of protection field 944 in the record 900 in the database 114.
- the user may be prompted to enter the primary class/sub-class
- the help button 865 adjacent to the template 864. If the user asks for help, the user is sent to a help process, where the user is instructed, for example, to look at the front page of the patent to find the class/sub-class combination in bold. If at the step 678 the user enters an answer then at a step 680 the system updates the class/sub-class field 964 in the record 900 for the
- the system may also, in an embodiment, in a step 682 execute a process 1600 for determining litigation frequency for patents in that class/sub-class combination.
- the process 1600 is depicted in Fig. 20, which is connected to the flow-chart 600 by off-page connector G. Upon completion, the resulting litigation
- a step 6008 the user is prompted to enter the name of
- processing may be sent to a process 1800 wherein the system
- the process 1800 is depicted in Fig. 21 and is connected to the flow chart 600 by off-page connector I. If at the step 6008 the user enters the assignee, or a ⁇ r the assignee is determined by the process 1800, the system may at a step 6010 update the assignee field 954 in the record 900 for the patent in the database 114. Once the assignee field 954 is complete,
- the system may, in a process 1900, depicted in Fig. 22 and further described below, obtain information for completion of the assignee portfolio field 955 in a step 6011.
- process 1900 and the step 6011 are executed upon completion of the step 6010 and is
- a step 6012 the user is prompted to enter the name of the inventor into an inventor template 858 or to ask for help by clicking the help button 859 adjacent to the template 858. If the user asks for help, the user is sent to a help process, where the user is
- processing may be sent to a process 2000 wherein the system consults an inventor records database, such as the database on the United States Patent and Trademark Office web site, and returns information as to the inventors, based on the patent number.
- the process 2000 is depicted in Fig. 23 and is connected to the flow chart 600 by off-page connector K. If at the step 6012 the user enters the inventors, or after the inventors are
- the system may in a step 6014 update the inventor field 958 in the record 900 for the patent in the database 114. Once the inventor field 958 is complete,
- the system may by a process 2100, in a step 6013, depicted in Fig. 24 and further described below, obtain information for completion of the inventor portfolio field 959.
- process 2100 is executed upon completion of the step 6014 and is connected to the flow chart
- the system may update the inventor portfolio field 959.
- the user is prompted to indicate whether the file history or other
- the process 1700 is connected to the flow-chart 600 by off-page connector H.
- step 684 the user indicates that more information is available, then at a step 688 the user is prompted to enter the approximate length in pages of file history of the patent, apart from the patent itself and the references into a thickness template 846 or to ask for help
- the system updates the thickness field 946 in the record 900 for the patent in the database 114.
- a step 692 the user is prompted to enter the number of words added by amendment to the patent claims into an amendment words template 848 or to ask for help by clicking the help button 849 adjacent to the template 848. If the user asks for help, the user is
- a step 696 the user is prompted to enter the number of rejections under 35 U.S.C. 102 into a novelty rejection template 850 or to ask for help by clicking the help button 851 adjacent to the templa ⁇ 850. If the user asks for help, the user is sen o a help process, where the user is instructed, for example, to examine the file history and to count the number
- a step 6000 the user is prompted to enter the number of rejections under 35 U.S.C. 103 into an obviousness rejection template 852 or to ask for help by clicking the help
- step 6000 the user enters ihe number of obviousness rejections, then at a step 6002 the system updates the obviousness rejection field 952 in the record 900 for the patent in the database 114.
- a step 6004 the user is prompted to enter the number of pages of remarks in amendments in the prosecution file history into a remark length template 860 or to ask for help by clicking the help button 861 adjacent to the template 860.
- the user If the user asks for help, the user is sent to a help process, where the user is instructed, for
- the system updates the remark length field 960 in the record 900
- buttons 863 adjacent to the template 862 If the user asks for help, the user is sent to a help
- the system updates the attorney field 962 in the record 900 for the patent in the
- the completion of the attorney field 962 may optionally at a step 6019 initiate execution of a process 2200 for obtaining an attorney rating.
- the process 2200 is depicted in
- Fig. 26 and is connected to the flow chart 600 by off-page connector M.
- the attorney rating field 963 may be completed in the record 900 in a step
- the user is prompted to enter whether an interview was conducted in the prosecution of the patent into an interview template 872, or to ask for help by clicking the help button 873 adjacent to the template 872. If the user asks for help, the user
- the system may execute a process 2300 for obtaining information
- the system may execute a process 2400 for obtaining information
- the system Upon completion of the process 2400 at the step 6024, the system has completed the available fields for the record 900 for the patent in the database.
- the system has completed the available fields for the record 900 for the patent in the database.
- system may calculate a value for the patent based on all of the above factors, by entering the data from each of the fields into the value equation described above.
- the value calculation is
- a patent can be given a cardinal "score” or a group of patents so valued can be ordered in accord with their scores.
- Steps for obtaining a previous valuation are set forth in a flow chart 700, which is illustrated in Fig. 13 and which is connected to the flow chart 600 by off-page connector A.
- the system queries the database 114 to determine whether there exists a
- the system returns to the flow chart 600, indicating that no current valuation exists. If at the step 702 the answer is yes, then at a step 703 the system retrieves
- a term breadth calculator process is depicted in Fig. 15, which sets forth a flow chart 1100 for steps used to determine a term breadth rating.
- the term breadth rating process 1100 is connected to the flow chart 600 by off-page connector B, which is further described below.
- the term breadth calculator process 1100 may be used to provide a rating as to the relative
- a process 1100 may
- the process may ask the user to type a claim into a
- the process may, for each term in the claim, calculate the frequency with which each word in the claim is used, either in the English language, or in a particul ⁇ kfield.
- the frequency may be calculated relati ⁇ to a term frequency database 1106, which may be of the type used in calculating term frequencies for a variety of
- process may then determine a selected number of the lowest frequency terms used in the claim.
- the system might take the three least-used terms in the claim.
- the process may assign rating number to each of the selected terms.
- the rating number may be assigned to each of the selected terms.
- the scale might be linear or logarithmic, depending on the frequency distribution of the term database. Having assigned ratings to each of the selected terms, at a step 1112 the system
- the system may average the rating for these terms.
- the system may then in a step 1114 return the value to the process 600 for the term breadth field 924.
- a wide variety of statistical or subjective techniques can be envisioned for assessing the relative breadth of terms used in a patent claim as would be recognized by one of ordinary skill in the art.
- the system may execute a process 1200, as depicted on Fig. 16,
- Law firm ratings may be performed objectively or
- Law firm ratings may be used as an input to the
- the law firm rating process 1200 may be used for these and any other purposes for which a rating for a law firm is desired.
- a law firm process 1200 may consist of assigning a rating, LFR, to the law
- Rating a law firm may be based on a variety of factors. Factors that contribute to a rating may consist of SZ, the size of the law firm, LC, the location of the law firm, a rating
- BR the rating of the law firm by professionals at other law firms
- the rating might consist solely of the rating by clients.
- LFR CC*SZ + DD*LC + EE*LCR + FF*NA + GG*NP + HH*LS + II*LSP +
- the various constants consist of weighting factors for the various variables, permitting
- the rating system may be optimized with econometric
- the system may, at a step 1202, request input of the law firm name 1204 into a name template 1205.
- the name field 1206 can
- the system may, at a step 1210, request entry of SZ, the size of the law firm, either in
- the system updates the record 1208 by completing a size field 1214.
- a help process may be associated with each step of the process 1200, to assist the
- Data entry might be automated, or it might be accomplished by the host 104, the requester 102 or another party.
- the system may, at a step 1216, request entry of LC, the location of the law firm into a law firm location template 1218.
- the system may update the
- the location field 1222 may then, at a step 1224, generate a rating LCR associated with the location, which may be included in a location
- the location rating may be created objectively or
- the location rating may be generated
- the system may, at a step 1230, request entry of NA, the number of attorneys in the law firm into an attorney number template 1232.
- the system may update the record 1208 by completing an attorney number field 1236.
- the system may, at a step 1238, request entry of NP, the number of registered patent attorneys or agents in the law firm into a registered agent template 1240. Upon entry,
- the system may update the record 1208 by completing a registered agent field
- the system may, at a step 1248, request entry of LS, the rate of success of the firm in litigation, into a litigation success template 1250.
- the rate of success may be stored in
- a database 1252 that can be updated to reflect litigation success rates for firms. Upon entry or retrieval of the rate of success into the template 1250, at a step 1252 the system may update
- the system may, at a step 1258, request entry of LSP, the rate of success of the firm in patent litigation, into a patent litigation success template 1260.
- the rate of success may be stored in a database 1262 that can be updated to reflect patent litigation success rates
- the system may update the record 1208 by completing a patent litigation success field 1264.
- the system may, at a step 1268, request entry of RAL, the rate of patent
- the rate of allowance may be obtained from public sources, such as the databases
- the system may update the record 1208 by completing a rate of allowance field 1274.
- the system may, at a step 1278, request entry of CR, the rating for the firm by clients, into a client rating template 1280.
- the rating CR may be
- Ratings may be stored in a
- client ratings database 1282 may be retrieved in a step 1284 for entry into a client rating
- the system may, at a step 1290, request entry of BR, the rating for the firm by
- the rating BR may be obtained by a variety of mechanisms, such as by conducting surveys, by asking professionals to complete evaluations when they enter an Internet site, or the like. Ratings may be stored in a professional ratings database 1294 and may be retrieved in a step 1298 for entry into a professional rating field 1299.
- the system may, at a step 1297, retrieve the
- the rating may be scaled so as to provide a rating from one to one hundred, or the like, so that it
- the value for the filing date may be obtained in a process 1300 through a look-up table
- the value for a filing date may be subject to various factors. For example, an early filing date provides better priority, so it is viewed as a positive factor (keeping in mind that the remaining term also depends on the filing date, but is treated as a separate variable in the value process 600). Thus, at a step 1301, the system may assign a positive value to the filing date field 938 that is larger the earlier the filing date. Also, a filing
- the system may determine whether the filing date is pre- GATT and, in a step 1306, increment a filing date field 1304 by a predetermined value.
- a process 1400 for determining a value for the remaining term is depicted in Fig. 18 and is connected to the flow chart 600 by off-page connector E.
- the system checks to determine whether the date is a pre-GATT date. If so, then at a step 1404 the system determines the date that is seventeen years from issuance. Then, at a step 1408, the
- system determines the date that is twenty years from filing of the earliest application to which priority is claimed. Then, at a step 1410, the system compares the date determined at the step
- step 1412 the system determines how much time remains between the current date and the
- the system at a step 1414 identifies the date that is twenty years from
- step 1412 for calculating the remaining term A value for the remaining term may be assigned, based on the amount of time, such as a rating between zero (for no remaining term) and one hundred (for a long remaining term, e.g., seventeen years). The value might be different depending on the industry of the patent. Thus, at a step 1418, an industry factor may be
- the process 1400 may return to
- the system may then complete the remaining term field 940 irfthe record 900 of the database 114.
- the process 1500 for determining the layers of protection is depicted in a flow chart 1500 of Fig. 19 that is connected to the flow chart 600 by off-page connector F.
- the layers of protection variable is intended to serve as a proxy for the presence of claims having varying scope. Claims of varying scope are beneficial in that they provide alternative positions in litigation, so that if a broad claim is found invalid, the narrower claim may nevertheless be
- step 1502 the system requests input of the number of dependent claims that depend from the first
- step 1504 increments the value obtained at the step 1502 by the total number of claims to which the multiple dependent claims refer. If at the step 1504 there are no multiple dependent claims, or upon completion of the step 1506, processing proceeds to a step 1507, where it is determined whether there are additional independent claims. If so, processing returns to the
- step 1502 but the counting applies to dependent claims that depend from the next previously uncounted independent claim.
- This cycle of steps 1502-1507 is repeated, incrementing the
- proxies may exist for the layers of protection; for example, the layers of protection might be counted as the longest chain of claims that depend in turn from each
- the process 1600 determines litigation frequency for patents in a subject matter area or class/sub-class combination.
- the process 1600 is depicted in Fig. 20, which is connected to the flow-chart 600 by off-page connector G.
- the steps of the process 1600 may be computed offline and included in a litigation frequency database 1602 that is maintained as
- the host 104 or other party may identify patent litigation results.
- the host 104 or other party may identify patent litigation results.
- the host 104 or other party may identify patent litigation results.
- the host 104 or other party may identify patent litigation results.
- step 1610 the primary class/sub-class combination of each patent in question may be
- the frequencies may be placed on a scale, so that a rating can be assigned to each class/sub-class combination, such as a rating from one to one hundred, with high litigation frequency classes being assigned a high number and low litigation frequency classes being assigned a low number.
- a rating can be assigned to each class/sub-class combination, such as a rating from one to one hundred, with high litigation frequency classes being assigned a high number and low litigation frequency classes being assigned a low number.
- litigation frequency rating could be used for a variety of other purposes, such as to evaluate the likelihood that any-particular patent would be
- a rating could be determined subjectively or objectively by industry or subject-matter, rather than by class/sub-class combination.
- assignee records such as the USPTO database.
- the step may be accomplished through the USPTO web site, or through any other connection to the database.
- the system queries the database for the assignee records for the patent number in question.
- the system retrieves the record and delivers it to the process 600, as indicated by off- page connector I, for completion of the assignee field 954 in the record 900 for the patent in the database 114.
- Fig. 22 is connected to the flow chart 600 by off-page connector J.
- a step 1902 the system contacts a database of assignee records, such as
- OPA determined at all cycles
- the system could assign a value to OPA that consists of the sum of the
- an assignee portfolio whether subjective or objective could be envisioned by one of ordinary skill in the art and are encompassed herein. For example, a value could be assigned based on the net revenues, net worth, or other characteristics of the assignee.
- the process 2000 for determining the inventors is depicted in Fig. 23 and is connected to the flow chart 600 by off-page connector K.
- the system contacts a database
- the step may be accomplished through the
- the system retrieves the record and delivers it to the process 600, as indicated by off-page connector K, for completion of the inventor field 958 in the record 900 for the patent in the
- Fig. 24 is connected to the flow chart 600 by off-page connector L.
- a step 2102 the system contacts a database of inventor records, such as
- the system queries the database for the number of patents naming as an inventor the first inventor listed on the patent in question identified in the
- process 2000 and at a step 2105 increments the value of an inventor portfolio variable OPI by
- the system could assign a value to OPI that consists of the sum of the valuations of the patents (as determined by a process similar to the process 600), rather than
- a process 1700 is depicted in Fig. 25, where the system calculates the value of the
- the system retrieves the values from each of the fields of the record
- the system multiplies each field value from the record 900 by the relevant constant from the equation described above.
- the system returns the value found at the step 1704 as the value for the patent.
- the process 1700 is connected to the flow-chart 600 by off-page connector H.
- the system may calculate certain subcomponents of the value equation. For example, components relating to the scope of the claims might be grouped, and a sub-score for those components could be given. Similarly,
- a process 2200 for obtaining an attorney rating is depicted in Fig. 26 and is connected
- the attorney rating process 2200 may be used for these and any other purposes for which a rating for an attorney is desired.
- an attorney process 2200 may consist of assigning a rating, AT, to the
- Rating an attorney may be based on a variety of factors. Factors that contribute to a rating may consist of SZA, the size of the attorney's law firm, LCA, the location of the
- LSA the rate of success of the attorney in litigation
- LSPA the rate of success of the attorney in patent litigation
- RLA the rate of success of the attorney in patent litigation
- CRA the rating of the attorney by a set of clients
- BRA the rating of the attorney by professionals at other attorneys, and many other factors. In embodiments, some of these factors might be deleted, or other factors might be substituted. For example, the rating might consist solely of
- a value equation can be established for rating the attorney, as
- AT MM*SZA + NN*LCA + OO*LCRA + PP*NAA + QQ*NPA + RR*LSA +
Abstract
Description
Claims
Priority Applications (1)
Application Number | Priority Date | Filing Date | Title |
---|---|---|---|
AU2001271584A AU2001271584A1 (en) | 2000-06-29 | 2001-06-28 | Systems and methods for providing arena searches |
Applications Claiming Priority (2)
Application Number | Priority Date | Filing Date | Title |
---|---|---|---|
US60718000A | 2000-06-29 | 2000-06-29 | |
US09/607,180 | 2000-06-29 |
Publications (2)
Publication Number | Publication Date |
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WO2002003250A1 true WO2002003250A1 (en) | 2002-01-10 |
WO2002003250A9 WO2002003250A9 (en) | 2002-10-10 |
Family
ID=24431160
Family Applications (1)
Application Number | Title | Priority Date | Filing Date |
---|---|---|---|
PCT/US2001/020630 WO2002003250A1 (en) | 2000-06-29 | 2001-06-28 | Systems and methods for providing arena searches |
Country Status (2)
Country | Link |
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AU (1) | AU2001271584A1 (en) |
WO (1) | WO2002003250A1 (en) |
Cited By (1)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
US20080021900A1 (en) * | 2006-07-14 | 2008-01-24 | Ficus Enterprises, Llc | Examiner information system |
Citations (6)
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US5623681A (en) * | 1993-11-19 | 1997-04-22 | Waverley Holdings, Inc. | Method and apparatus for synchronizing, displaying and manipulating text and image documents |
US5675819A (en) * | 1994-06-16 | 1997-10-07 | Xerox Corporation | Document information retrieval using global word co-occurrence patterns |
US5754840A (en) * | 1996-01-23 | 1998-05-19 | Smartpatents, Inc. | System, method, and computer program product for developing and maintaining documents which includes analyzing a patent application with regards to the specification and claims |
US5787422A (en) * | 1996-01-11 | 1998-07-28 | Xerox Corporation | Method and apparatus for information accesss employing overlapping clusters |
US5848409A (en) * | 1993-11-19 | 1998-12-08 | Smartpatents, Inc. | System, method and computer program product for maintaining group hits tables and document index tables for the purpose of searching through individual documents and groups of documents |
US6038561A (en) * | 1996-10-15 | 2000-03-14 | Manning & Napier Information Services | Management and analysis of document information text |
-
2001
- 2001-06-28 AU AU2001271584A patent/AU2001271584A1/en not_active Abandoned
- 2001-06-28 WO PCT/US2001/020630 patent/WO2002003250A1/en active Application Filing
Patent Citations (6)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
US5623681A (en) * | 1993-11-19 | 1997-04-22 | Waverley Holdings, Inc. | Method and apparatus for synchronizing, displaying and manipulating text and image documents |
US5848409A (en) * | 1993-11-19 | 1998-12-08 | Smartpatents, Inc. | System, method and computer program product for maintaining group hits tables and document index tables for the purpose of searching through individual documents and groups of documents |
US5675819A (en) * | 1994-06-16 | 1997-10-07 | Xerox Corporation | Document information retrieval using global word co-occurrence patterns |
US5787422A (en) * | 1996-01-11 | 1998-07-28 | Xerox Corporation | Method and apparatus for information accesss employing overlapping clusters |
US5754840A (en) * | 1996-01-23 | 1998-05-19 | Smartpatents, Inc. | System, method, and computer program product for developing and maintaining documents which includes analyzing a patent application with regards to the specification and claims |
US6038561A (en) * | 1996-10-15 | 2000-03-14 | Manning & Napier Information Services | Management and analysis of document information text |
Cited By (1)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
US20080021900A1 (en) * | 2006-07-14 | 2008-01-24 | Ficus Enterprises, Llc | Examiner information system |
Also Published As
Publication number | Publication date |
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WO2002003250A9 (en) | 2002-10-10 |
AU2001271584A1 (en) | 2002-01-14 |
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