Specification
"DESCRIPTION TECHNICAL FIELD
The present invention relates to a method and system for managing intellectual property and, in particular, to a method and system for analyzing innovations by conducting a preliminary assessment of potential infringement issues associated with a particular innovation. The invention may also be used to conduct a preliminary assessment of the validity of an existing patent in view of disclosures in one or more prior art publications, or to conduct a preliminary assessment of whether a third party product may infringe the claims of an existing patent.
DEFINITIONS
Claim: claims define, in technical terms, the extent of the protection conferred or sought by a patent.
Claim Elements: are sections of a claim body. Any given claim has one or more claim elements. Preamble is the first claim element in a claim body. Independent Claims: claims that can stand on their own. They present the novel aspect s of the invention.
Dependent Claims: claim that depend on a single claim or on several claims and generally express particular embodiments of an invention. Patent: the term patent is used as a generic substitution for granted patents as well as patent applications.
Patent Identification Information: comprises of one or more identifications from a group comprising of patent number, assignee name, inventor name, priority date, filing date, patent classification information, title, abstract, patent family information and the like.
Patent Information: comprises of all textual or graphical data, present in a patent document. Therefore, patent information comprises patent identification information, claim information, background, summary, list of prior art cited, drawings and patent specification or description.
Prior Art: could be a journal article, patent, product or documental evidences which existed before the earliest priority date of a given patent. The prior art could be textual or graphical in nature. The graphical images include flow diagrams, block diagrams, diagrammatic representations etc.
Claim Information: comprises of claims section of a patent. The claim section comprises of text and numbering for the independent and dependent claims in the patent.
Documental Evidences: are the evidence documents obtained or prepared for products or services, that could be used as prior art evidence or infringement evidence for the patent under consideration. The documental evidences could be, but are not limited to, product manuals, blogs, technical documentations, forum links, screenshots, software codes, flowcharts or marketing brochures.
Reference Information: is used to describe the source from where a given patent or prior art evidence has been taken. Reference information comprises location of a text excerpt in a document, location of an image in a document, web addresses in the form of html links/URLs, folder locations and the like.
Claim chart: Also referred to as patent claim chart. A tabular representation of data to bring out the extent of mapping, typically between a patent and evidence from the art. The evidences comprise other patents, journals, articles, products, services and the like. The data may include patent claims, evidences from patent document, prior art evidences and user or expert comments.
Rule: is essentially the relationship between two or more claim elements, belonging to the same or different claims. The relationship is defined by the user and is used to describe the similarity of scope of between two or more claim elements. A given claim element could be associated with only one such rule.
Rule Set: an exhaustive collection of all rules defined by a user with respect to a patent claim chart..
Token: an instance of a given type of symbol. For example, ":", ";", ")" and "." are some of the symbols used. BACKGROUND ART
Intellectual Property (IP) has been accepted worldwide as one of the most critical asset of an organization or individual. Patents are one of the most recognized forms of IP worldwide. Since, development of a technology and obtaining a patent over it requires heavy investments in terms of time, money and human resources, complete realization of the value of this asset is of utmost importance for the assignee. Licensing, buying and selling of patents and patent litigation are some of the ways in which monetization of patents could be done.
In such a scenario, an organization which already owns patent(s), for example in a niche technological domain, has to remain aware about its competitors using the patented technology without due licensing agreements. In such cases, an infringement analysis, done to establish the extent of infringement on a patent by another product or patent, could be done. In response to an infringement allegation brought by a first party to a second party, the second party tries to prove that the patent at the core of the litigation exercise is not valid in light of its prior art. This exercise is called an invalidity (or validity) assessment for a given patent.
For infringement analysis as well as invalidity assessment, a detailed report comparing a patent with at least one of the evidence from the art is prepared. The evidences comprise other patents, journals, articles, products, services and the like. This report is generally referred to as claim chart or patent claim chart. The format in which a patent claim chart is prepared varies from person to person. However, a typical patent claim chart comprises of a table with a plurality of rows and columns. For effectively highlighting the mapping, for example, between a patent and a product, the claims of the patent, especially one or more of independent claims, are divided Into one or more claim element. Each of the claim elements are filled in a column, from top to bottom, such that a given row contains only one claim element. The remaining columns comprise information which may include evidences from the patent for proving enablement of the claim elements, evidences from art and comments from an attorney, an expert or a person mal
Documents
Application Documents
| # |
Name |
Date |
| 1 |
2477-che-2009 abstract 12-10-2009.pdf |
2009-10-12 |
| 1 |
2477-che-2009 power of attorney 12-10-2009.pdf |
2009-10-12 |
| 2 |
2477-che-2009 claims 12-10-2009.pdf |
2009-10-12 |
| 2 |
2477-che-2009 form-5 12-10-2009.pdf |
2009-10-12 |
| 3 |
2477-che-2009 correspondence others 12-10-2009.pdf |
2009-10-12 |
| 3 |
2477-che-2009 form-3 12-10-2009.pdf |
2009-10-12 |
| 4 |
2477-che-2009 description(complete) 12-10-2009.pdf |
2009-10-12 |
| 4 |
2477-che-2009 form-2 12-10-2009.pdf |
2009-10-12 |
| 5 |
2477-che-2009 form-1 12-10-2009.pdf |
2009-10-12 |
| 5 |
2477-che-2009 drawings 12-10-2009.pdf |
2009-10-12 |
| 6 |
2477-che-2009 drawings 12-10-2009.pdf |
2009-10-12 |
| 6 |
2477-che-2009 form-1 12-10-2009.pdf |
2009-10-12 |
| 7 |
2477-che-2009 description(complete) 12-10-2009.pdf |
2009-10-12 |
| 7 |
2477-che-2009 form-2 12-10-2009.pdf |
2009-10-12 |
| 8 |
2477-che-2009 correspondence others 12-10-2009.pdf |
2009-10-12 |
| 8 |
2477-che-2009 form-3 12-10-2009.pdf |
2009-10-12 |
| 9 |
2477-che-2009 claims 12-10-2009.pdf |
2009-10-12 |
| 9 |
2477-che-2009 form-5 12-10-2009.pdf |
2009-10-12 |
| 10 |
2477-che-2009 power of attorney 12-10-2009.pdf |
2009-10-12 |
| 10 |
2477-che-2009 abstract 12-10-2009.pdf |
2009-10-12 |