Systems and Methods for Tracking Patent Related Information

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A portion of this patent document contains material subject to copyright piotection The copyright owner has no objection to the facsimile reproduction by anyone of the patent document 01 the patent disclosuie, as it appeals in the Patent and Tiademaik Office patent files or records, but otheiwise reseives all copyrights whatsoever The following notice applies to this document Copyright © 2007, Thomson Global Resources

Related Applications

The piesent application claims prioπty to U S Piovisional Patent Applications 61/072,578 and 61/133,610 which were filed respectively on March 31 2008 and June 30, 2008 Both of these applications aie incorporated herein by iefeience

Technical Field Various embodiments of the piesent invention concern systems and methods foi automated or semi-automated piocessing and extracting infoimation from patent file wrappeis, oi file histoπes

Background Patent attorneys spend an enormous amount of time leading and analyzing patent file wrappers for both issued patents and pending applications Patent litigators scrutinize eveiy word, phrase, and figure within the issued patent , the pnoi art at issue, and the aiguments made to get the patent granted, looking for loopholes and gaps in coverage Patent piosecutors —that is those who design and build the patents that litigators fight about— usually spend a significant time studying what has been previously done in a pending application, sometimes because months have past since they last looked at the application or sometimes because they have taken over prosecution of the application from another attorney in their firm or even from another law fπm In

either case, they need to know and understand the full procedural, legal, and technical context of the application to make the best strategic decisions.

One problem the present inventors recognized was that, regardless of the reason for studying a file wrapper, it is important to identify what revisions have been made to the claims or specification during prosecution. Since these changes are highlighted within the responses to office actions, they are fairly easy to recognize. However, making notes of all the changes for a single patent history, much less a series or family of patents, not only can be tedious and time consuming, but also difficult to do without error. Another problem that the present inventors recognized was that litigators and prosecutors are also interested in graphics, statistics, and information about their current patent or application or a set of patents/applications.

Accordingly, the present inventors have identified a need to improve the process for assessing file histories.

Summary

To address one or more of these and/or other needs, the present inventors, devised among other things, systems and method for tracking changes to claims, specifications, and/or drawings that are shown in file wrappers. One exemplary system graphically displays the patent family and/or file wrapper timeline. Another reports information about a specific patent, an examiner, a technology area, and other patent related information that can be pulled from the file wrapper.

Brief Description of the Drawings

FIG. IA is a block diagram of an exemplary system for converting, shredding, storing documents corresponding to one or more embodiments of the present invention.

FIG. I B is a block diagram of an exemplary system for establishing relationships between individual document components corresponding to one or more embodiments of the present invention.

FIG. 2 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 3 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 4 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention. FIG. 5 is a screenshot of an interface of an exemplary system for displaying table of contents within file wrapper corresponding to one or more embodiments of the present invention.

FIG. 6 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 7 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 8 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 9 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention. FIG. 10 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 1 1 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 12 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 13 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

FIG. 14 is a screenshot of an interface of an exemplary system for related patent history corresponding to one or more embodiments of the present invention. FIG. 15 is a screenshot of an interface of an exemplary system for related patent history corresponding to one or more embodiments of the present invention.

FIG. 16 is a screenshot of an interface of an exemplary system for displaying a graphical patent file history corresponding to one or more embodiments of the present invention.

FIG. 17 is a screenshot of an interface of an exemplary system for displaying a graphical patent family corresponding to one or more embodiments of the present invention.

FIG. 18 is a screenshot of an interface of an exemplary system for tracking and analyzing patent file wrapper changes with respect to drawings corresponding to one or more embodiments of the present invention.

FIG. 19 is a screenshot of an interface of an exemplary system for altering user of patent file wrapper changes corresponding to one or more embodiments of the present invention. FIG. 20 is a screenshot of an interface of an exemplary system for tracking and analyzing defined terms within patent file wrapper corresponding to one or more embodiments of the present invention.

FIG. 21 is a screenshot of an interface of an exemplary system for tracking and analyzing defined terms within patent file wrapper corresponding to one or more embodiments of the present invention.

FIG. 22 is a screenshot of an interface of an exemplary search template for tracking and analyzing patent file wrapper changes corresponding to one or more embodiments of the present invention.

Detailed Description of Exemplary Embodiment(s)

This description, which incorporates the drawings and the appended claims, describes one or more specific embodiments of an invention. These embodiments, offered not to limit but only to exemplify and teach the invention, are shown and described in sufficient detail to enable those skilled in the art to implement or practice the invention. Thus, where appropriate to avoid obscuring the invention, the description may omit certain information known to those of skill in the art.

FIG. I a, one embodiment of the present invention, an electronic version of the file history /wrapper is received into a conversion system. In this embodiment, the file wrapper is in pdf format; however, the file wrapper can be in other formats as well. The conversion system shreds the file wrapper into several individual components. For example, if a file wrapper has the application, office action and response to office action, the conversion system could shred the wrapper into the following individual components: specification, claims, drawings, office action, and the amended claims and remarks from response. Each individual component is identified and converted into a pdf and text format. Once the shredding and converting are complete, all the files are stored within a repository. FIG. Ib, the collection of relationships between the individual components is loaded into an object relationship manager. This relationship manager stores and retrieves relationships between the individual components to/from the databases. In addition, certain metadata is extracted and stored within a metadata authority. This metadata may include but not be limited to number of original claims, number of issued claims, number of office actions, number of responses, number of request for continued examinations, etc. When a user wants to access a patent/application and the file wrapper, that patent/application is retrieved from the appropriate patent/application repository. Simultaneously, FIG. 2, an application programming interface (API) requests the relationship information from the relationship manager. The relationship manager then sends a SQL request to each database required to

fulfill the tequest This SQL request also includes an 'Oidei By" clause which sorts the iesults in the correct order Once the request is complete, each individual result is ietumed in correct sort order The ielationship manager integiates all of the individual SQL results into a single, sorted result This single, sorted result of relationships is displayed to the user (FIG 4-left pane) along with the patent/application file FIG 3 In an embodiment of the present invention, each individual component's file is retneved from the iepository when the user selects a link that requests that file (See FIGS 14-15)

FIG 3 shows a user retrieving a certain patent numbei on Westlaw® The left pane displays a "Patent Trakker" section wheie the usei may utilize the tools by clicking on the arrow next to the desned heading FIG 4 exemplifies how the usei selects the arrow(s) that he/she is inteiested in and the menu expands to display the items under that heading(s) Also within this scieen is the hypeilink foi a "Giaphical File History" and "Giaphical Patent Family " These options aie discussed later

If the usei selects the Table of Contents sub-heading undei the File Wiappei heading, FIG 5 displays the individual components that weie saved foi that file wiappei These individual components expand oi collapse depending on what the user selects To the left of the table of contents ate check boxes that enable the usei to check which components he/she would like to see

In FIG 6, under the "Claims Veisions" heading each veision of the claims is listed and selectable In response to the user having selected the original claim set link (which indicated via the arrow), the oπginal claims appear within the main display region along with the date that they weie filed In addition, to the left of the numbered claims is a check box that allows the usei to select only the claims he/she is interested in FIGS 7-9 show the mtei faces that are displayed in response to the user respectively selecting each version of the claims Each version highlights the changes within the claim set fiom the previous version along with the date in which the change was entered In the final version of claims (FIG 9), there is an option to view all of the changes that happened through the prosecution history In addition, a "Hide Changes" hyperlink is located at the top of the main display which allows the usei to see the claims veision without the highlighting If the change is underlined an addition is entered If the change is stπkethrough, a deletion is entered While

the figures utilize underlining and strikethrough, brackets and/or other editing methods are acceptable.

FIG. 10 shows an example of what the user would see in response to a selection to view the claim changes for an individual claim. This view allows the user to see all the changes to a single claim. The single claim display is very useful when an attorney only needs to focus on one or two claims within the application. FIGS. 1 1 -13 show alternative views of individual claims that are present in some embodiments.

In FIG. 10, a "Related History'" link is located under the claim version. When the user selects this link, all the related history (office action, office action response, interview summary, etc.) is displayed for that version. FIG. 14 displays the related history for first amended claim set. However, if the user has chosen to narrow the number of claims he/she is tracking then only the related history shows for those chosen claims. If the user would like to see the reasons for rejection within a certain office action or more detail in another related history component, he/she may click on the numbered link. For example, FIG. 15 demonstrates the detailed rejections given by an examiner for a certain office action. Related history includes key parts of the US Patent and Trademark Office (PTO) office actions that detail the PTO 's rejection(s) or suggested modification(s) of the claims, specifications, etc. It may also include the applicant's response, and their detailed reasoning/justification(s) behind their proposed amendments. In the left pane, the "List of References Cited" link produces a list of the references cited for that particular office action.

FIG. 3 shows a link to the "Graphical File History." When the user clicks this link, FIG. 16 displays a timeline of different versions of the claim sets. The user may select any link to display all detailed information about that link. Also included in this graphical display is other documentation that may be of use to the user. This documentation may include but is not limited to assignments, patent family, direct history, patent status, court documents, and dockets. The user has the option to print, email or download this and all other graphical displays or any other documentation within claim tracking system from the toolbar in the upper right hand comer of main display.

Understanding complex patent family relationships is a major pain point for attorneys researching prior art or potential patent infringement. FIG. 3 shows

a link to the 'Giaphical Patent Family " When the usei clicks this link, FIG 17 displays the patent/application along with all family membeis that claim pπoiity to the queued patent/application (childien) 01 that the queried patent/application claims priority to (parents) The "Giaphical Patent Family" display piovides an "aeπal view" of patent families As stated pieviously, the user has the option to punt, email or download this and all other graphical displays

FIG 4 shows a link to "Show All" under the "Drawings" heading When the user clicks this link, FIG 18 iepiesents the drawing changes affected by amendments within the iesponse to office actions Anothei embodiment of the piesent invention seeks to have the figures, claims, and/oi specification appear in a pop-up window when selected

FIG 19 allows the usei to monitor patent file histoiy with KeyCite® Alert oi othei monitoring/alerting system The user can select from the option within the main display Anothei embodiment of the piesent invention gives the usei teim lecognition/definition functionality FIG 20 iepi esents hypeihnks foi the teims that have courts documentation and possible secondaiy souices lecognizing/definmg the phrase or teim Understanding how claim teims have been constiued by the courts is a critical part when litigating patent claim s validity The "defined terms" featuie highlights tenns that have been defined Foi example, the phiase "hoist dium" is recognized as having some furthei documentation that might aid in defining the phiase FIG 21 displays the defined phiase iesults Included in this example's results are cases, court documents, and secondary souices that could assist the attorney in analysis FIG 22 shows a patent htigatoi tab with fedeiated seaich capability

Another embodiment of the present invention seeks to ieport information about the patent/application itself, the patent family, a technology aiea, oi other patent related information Foi example, an embodiment of the piesent invention already has shredded the file wrapper into several individual components and extracted metadata about the patent/application The information collected and stored during those processes allows foi statistical analysis Therefore, a report could be generated on any number of topics included but not limited to examiner information (experience, workload, average turn-around time on office actions, etc ), technology area (average term of

prosecution, average number of claims submitted, average number of claims allowed, average wait time for an office action, number of examiners, etc.), attorney/law firm (number of cases firm/attorney is prosecuting, average response time to an office action, average number of request for continued examinations, etc.). or any other statistics/information that could be extracted from the file wrapper of metadata.

Conclusion The embodiments described above and in the claims are intended only to illustrate and teach one or more ways of practicing or implementing the present invention, not to restrict its breadth or scope. The actual scope of the invention, which embraces all ways of practicing or implementing the teachings of the invention, is defined only by the issued claims and their equivalents.