Abstract: A computer implemented method and system for organizing patent portfolio information of a company using a product - patent map representation is disclosed. Representation includes each patent associated with one or more product features, each product feature being further associated with one or more product categories. The representation is suitable for effective utilization of company"s patent portfolio in areas of patent litigation and introduction of new products in the market. The system further provides a mechanism for adding new product categories, new product features and new patents to the existing representation.
DESCRIPTION TECHNICAL FIELD
In the field of patent portfolio management, a method and system are disclosed for the effective utilization of the patent portfolio of a company in various scenarios including patent infringement, patent licensing and the introduction of new products.
BACKGROUND ART
Patents have become increasingly important in the global economy with companies earning large revenues from patent licensing and litigation. A large number of corporations and individuals have recognized the economic value of patents. As a consequence, the number of patents applied for and issued is increasing every year, especially in the areas of computer science and biotechnology.
Moreover, companies are looking to effectively utilize their existing patent portfolios through patent licensing and patent litigation. In a typical scenario, when a new product is launched in the market, rival companies attempt to ascertain whether the new product infringes any of their patents. This is typically done by analyzing the overlap between the new product and the scope of each patent belonging to their patent portfolios. For a company holding a large patent portfolio running into hundreds and thousands of patents, such analysis is time-consuming. Especially in the case of patent litigation, time is of essence, and a company can ill afford the time required for an analysis of the entire patent portfolio. Further, because of voluminous analysis, the chances that relevant patents may be neglected are greater, hence the analysis may not be very reliable. A reliable and less time-consuming approach for identifying potentially infringed patents would require the patent portfolio to be organized in a manner that assists the analyst.
The existing approaches organize the patents from a patent portfolio according to various criteria, for example technology, markets, and product line. However, such methods of organizing patent portfolios are of little use while
ascertaining potential patent infringement. Using such methods will require a detailed analysis of each patent for identification of potential infringement.
US Publication US20030191654 A1 titled "Patent Product Map" discloses a web-based program for organizing patents from a patent portfolio. The web based program displays IP information related to the products of a company. The web program displays a product in a graphical form and the patents associated with different portions of the product. However, the prior art representation is limited by the fact that it associates patents only with the company's own products. The representation cannot be used to analyze any new products introduced by rival companies and as a result, is not useful for investigating potential patent infringement. Further, organizing patents from the company's patent portfolio based on the company's product portfolio may not capture those patents of the company which are not associated with any product of the same company. Hence, the representation may prove to be inadequate for capturing the company's entire patent portfolio.
Hence, there exists a need for a method for organizing patent portfolio information to overcome the above mentioned limitations and to enable effective utilization of a company's patent portfolio.
BRIEF DESCRIPTION OF DRAWINGS
FIG. 1 is a schematic representation of a client/server network environment in accordance with the invention.
FIG. 2 is a block diagram representing a server in accordance wilh an embodiment of the invention.
FIG.3 is a flowchart describing the steps for organizing patent portfolio information of a company in accordance with an embodiment of the invention.
FIG. 4 is a diagram illustrating a product-patent map representation of a company in accordance with an embodiment of the invention.
FIG. 5 is a table providing an example of the product - patent map representation.
FIG. 6 is flowchart describing the steps for obtaining one or more product categories and list of relevant patents related with the product features input by user in accordance with an embodiment of the invention.
FIG. 7 is a flowchart describing the steps for obtaining one or more associated product features and list of relevant patents associated with the product categories input by user in accordance with an embodiment of the invention.
FIG. 8 is a table illustrating an example for the process described in conjunction with FIG. 7 in accordance with an embodiment of the invention.
FIG. 9 is a flowchart describing a scenario wherein the product feature received from user is not present in knowledge base in accordance with an embodiment of the invention.
FIG. 10 is a flowchart describing a scenario wherein a new patent needs to be organized in the existing patent portfolio in accordance with an embodiment of the invention.
DESCRIPTION OF EMBODIMENTS
In the following description, for the purposes of explanation, specific details are set forth in order to provide a thorough understanding of the invention. However, it will be apparent that the invention may be practiced without these specific details. Various aspects and features of example embodiments of the invention are described in more detail hereinafter.
A method and system for organizing patent portfolio information of a company to ensure effective utilization of company's patent portfolio is disclosed. A patent portfolio of a company is a collective term for all the granted patents and patent applications owned by the company. For example, if a company A has 20,000 granted patents and 2000 patent applications, then these 20,000 patents and 2000 patent applications constitute the patent portfolio of the company A. A granted patent or a patent application will be hereinafter referred to as a patent. A patent portfolio has a large amount of information associated with it. Such information includes patent numbers of the patents, patent text for each patent which includes claims, specifications, and drawings etc, and will be hereinafter referred to as patent portfolio information.
FIG. 1 shows a client/server network environment 100 in accordance with the invention. Client/server network environment 100 includes a server 102, a plurality of client 106s that may communicate with server 102 over a communication network 104 and a user 108 uses web browser 110 installed on client 106 to access server 102.
Client 106 may include without limitation computers such as personal computers and workstation. Client 106 may further include handheld devices and cell phones. Client 106 may receive inputs from user 108 through web browser 110 installed on client 106. Inputs may be related to obtaining certain data related to patent portfolio information. Data requested by user 108 has been explained in further detail in conjunction with FIG. 6 and 7. Communication network 104 may include without limitation internet, intranets, Wide Area Networks (WANs), Local Area Networks (LANs), transducer links such as those using Modulator-Demodulators (modems) or any combination thereof. In an embodiment of the invention, user 108 may be authorized to modify/update the patent portfolio information or the data obtained through client 106.
Server 102 is a computer having hardware and software elements that provides the data requested by user 108 at client 106. Server 102 processes the request and sends a response comprising of data.
According to an embodiment of the invention, the present invention may be implemented in software which is stored as executable Instructions on a computer readable medium on server 102 such as mass storage devices. In memories and the like. Server 102 is explained in detail in conjunction with FIG 2.
According to another embodiment, the present invention may be locally hosted on a computer such as a personal computer and or a workstation. For example, the present invention may be installed on a workstation which may be accessed by a user through a login name and a password. According to some embodiments, there may be an authorized administrator present along with the multiple user 108s.
FIG. 2 is a block diagram representing server 102 in accordance with an embodiment of the invention.
Server 102 includes a knowledge base 202, a portfolio engine 204, and a web application 206. As described in conjunction with FIG. 1, user 108 inputs a query to obtain data from server 102 through web browser 110 installed in client 106s. The
query is received by web application 206 and handled by portfolio engine 204. Portfolio engine 204 accesses knowledge base 202 to fetch data based on the inputs from user 108. The operation of portfolio engine 204 is described in conjunction with FIG. 6, FIG. 7, FIG. 9 and FIG. 10.
Knowledge base 202 contains patent portfolio information organized according to a particular representation. The representation used by knowledge base 202 is described in conjunction with FIG. 3 and FIG. 4. Knowledge base 202 may be periodically updated by user 108, The process of updating knowledge base 202 is described in conjunction with FIG. 9 and FIG. 10.
FIG.3 is a flowchart describing the steps for organizing patent portfolio information of a company in accordance with an embodiment of the invention.
The organization of patent portfolio information initially involves identification of a product domain. Product domain may be defined as an area of technology or product that is of commercial interest to the company. For example, Storage Area Network (SAN) may be the technological area involved in a large number of litigation cases for company A, thus SAN may be identified as a product domain for company A.
The product domain is divided into one or more product category 404s. At step 302, one or more product category 404s is defined. Product category 404s may include particular classes of products, services or a combination of both. SAN Virtualization Solution and SAN Backup Solution may be examples of services while SAN Hub, SAN Director, SAN Router and SAN Bridge may be examples of products present as product category 404s under SAN product domain. Product category 404 is chosen based on various criteria. Product category 404s, related to a product domain, may be identified based on the patents present in patent portfolio of the company. For example, US Patent 6446xxx describes a method for mapping virtual LUN (Logical Unit Number) to physical LUN in a SAN, thus provides a SAN Virtualization solution. Product category 404s may also be identified based on the existing products present in the market. For example. Storage Tek enterprise backup software with features like advanced file type device sharing, backup file encryption and user authentication in a SAN, thus provides a SAN backup solution. It will be apparent to a person skilled in the art that different companies may have different nomenclature for what may be essentially the same product or service. For example, SAN copy software and SAN data replication software are two different names for
software for performing data replication in a SAN. Any number of product category 404s may be defined under a product domain and the defined product category 404s may be given names based on user 108's requirements. Thus, the choice of product category 404s for a product domain is not a limitation of the invention.
At step 304, one or more product feature 406s is defined in each product category 404. One or more product feature 406s characterizes a particular product or service belonging to product category 404. Thus, every product category 404 corresponds to one or more product feature 406s. Disk expansion and shrinking, Disk snapshot for backup, Host LUN mapping, I/O redirection, LUN masking, Management GUI and Network based cache are examples of product feature 406s associated with SAN Virtualization Solution. The list of one or more of product feature 406s is exhaustive as product feature 406s are identified based on all the products belonging to product category 404 existing in the market. It will be apparent to a person skilled in the art that any number of product feature 404s may be defined under a product category 404 and the defined product feature 406s may be given names based on user 10S's requirements.
At step 306, each patent of the patent portfolio is associated with one or more product feature 406s. For example, US Patent 7234xxx describing a method for backing up SAN based cluster system and communicating backup information is associated with LAN-free backup product feature present under the product category SAN Backup Solution. Thus, each product feature 406 is associated with a list of patents, hereinafter referred to as list of relevant patent 408s.
Finally, at step 308, product category 404s, corresponding one or more product feature 406s and associated list of relevant patent 408s is stored in knowledge base 202.
FIG. 4 is a diagram illustrating a product-patent map representation 402 of a company in accordance with an embodiment of the invention.
Product Patent map representation 402 of a company Includes the one or more product category 404s associated to a particular product domain, the one or more product feature 406s associated to a particular product category 404, and list of relevant patent 408s extracted from company's patent portfolio associated to a particular product feature 406.
According to some embodiments of the invention, a set of keywords related to each product feature 406 Is also stored along with product feature 406 in knowledge
base 202. Keywords may be identified based on the functionality and attributes related to product feature 406. For example, product feature 'indirection or mapping from virtual LUN to physical LUN' present under product category 'SAN virtualization solution' may have product feature mapping, virtual LUN, physical LUN and SAN virtualization as keywords.
FIG. 5 shows a table 502 providing an example of product - patent map representation 402 for Storage Area Network (SAN).
FIG. 6 is flowchart describing the steps for obtaining one or more product category 404s and a list relevant patent 408s associated with product feature 406s input by user 108 in accordance with an embodiment of the invention.
At step 602, patent portfolio information is organized in knowledge base 202. A first product feature 406 input by user 108 is received by web application 206 at step 604. Web application 206 then forwards the input received from user 108 to portfolio engine 204. At step 606, portfolio engine 204 retrieves a first list of relevant patent 408s and a first list of product category 404s associated with the first product feature 406 from knowledge base 202. Product category 404 is said to be associated if the first product feature 406 is defined in that particular product category 404. At step 608, the first list of product category 404s, the first product feature 406 and the first list of relevant patent 408s is displayed to user 108.
According to some embodiments of the invention, user 108 may select one or more product category 404s from the displayed first list of product category 404s. According to an embodiment of the invention, the selection may be through a click of the mouse. Portfolio engine 204 then retrieves a list of relevant patent 408s associated with each of the selected one or more product category 404s from knowledge base 202.The selected one or more product category 404s and the corresponding list of relevant patent 408s is then displayed to user 108.
FIG. 7 is a flowchart describing the steps for obtaining one or more product feature 406s and a list of relevant patent 408s associated with product category 404s input by user 108 in accordance with an embodiment of the invention.
At step 702, web application 206 receives one or more product category 404s input by user 108. At step 704, portfolio engine 204 retrieves a list of product feature 406s associated with one or more product category 404s from knowledge base 202. The retrieved list of product feature 406s is displayed to user 108 at step 706. User 108 then selects one or more product feature 406s from the retrieved list of product
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feature 406s to obtain relevant patent 408s. The selected product feature 406s are received by web application 206 at step 708, and based on the selected product feature 406s, a list of relevant patent 408s is retrieved from knowledge base 202 by portfolio engine 204 at step 710. At step 712, product category 404, selected one or more product feature 406s and list of relevant patent 408s are displayed to user 108.
FIG. 8 is a table 802 illustrating the method described in FIG. 7 with an example. Table 802 shows relevant patent 408s obtained from knowledge base 202 mapped corresponding to one or more product feature 406s selected by user 108 at step 706. Each of the selected one or more product feature 406s is further shown mapped to product category 404 present in the product under consideration.
The method described in FIG. 6 and FIG. 7, wherein a list of relevant patent 408s is obtained corresponding to the product under consideration, can be used in many ways by a company. One major scenario where these methods can be used is patent litigation and patent licensing. This can be explained in conjunction with following examples.
Example to illustrate the method described in FIG. 6 and FIG. 7 for patent litigation. Suppose company A, a technology firm with a patent portfolio decides to file a suit against company B for company B's product X on grounds of infringement.
The initial step would be to identify the product category in the product-patent map representation to which product X belongs. Once product X has been assigned product category, hereinafter referred to as P, a product matrix can be prepared. Product matrix is prepared by identifying which product feature associated with P are present/absent in product X. In other words, product X associated to a set of product features. For example, product SAN Configuration Tool may be associated with configuration knowledge base, drag-and-drop GUI and Validation product features. Further, company A's patents corresponding to each of the product feature present in product X is obtained from the product-patent map representation. The patents thus obtained can be further examined for the purposes of forming infringement contentions and claim chart preparation.
Example to illustrate the method described in FIG. 6 and FIG. 7 for patent licensing. Using the steps described in the previous example, company A, a technology firm with a patent portfolio can determine which patents it can advantageously offer to Company B for licensing.
Product patent map representation can further be beneficial for a company to drive innovation and introduce new products in the market. Product - patent map representation helps the company to identify product feature and product category where the company has IP protection (patents) but no products. Product patent map representation also helps a company identify different combination of product feature for the introduction of new product.
FIG. 9 is a flowchart describing a scenario wherein product feature 406 received from user 108 is not present in knowledge base 202 in accordance with an embodiment of the invention.
According to an embodiment of the invention, product feature 406 input by user 108 may not be present in knowledge base 202, however knowledge base 202 may contain one or more product feature 406s associated with product feature 406 input by user 108. According to some embodiment of the invention, a particular product feature is associated with the product feature input by user 108 if the product feature input by user 108 is present as one of the keywords stored for the particular product feature.
According to another embodiment of the invention, product feature 406 input by user 108 may not be present in knowledge base 202, and moreover, knowledge base 202 may not contain any product feature 406 associated with product feature 406 input by user 108.
The above embodiments of the invention are illustrated in conjunction with FIG. 9. At step 902, portfolio engine 204 receives product feature 406 input by user 108 through web application 206. At step 904, portfolio engine 204 verifies that product feature 406 input by user 108 is not present in knowledge base 202. At step 906, portfolio engine 204 checks v/hether knowledge base 202 contains at least one product feature 406 associated with product feature 406 input by user 108.
In case at least one associated product feature 406 is present in knowledge base 202, portfolio engine 204 retrieves the list of associated product feature 406s at step 908. At step 910, portfolio engine 204 also retrieves a list of product category 404s associated with the list of associated product feature 406s from knowledge base 202. The list of associated product feature 406s and list of associated product category 404s are displayed to user 108 at step 912. User 108 then may select one or more of the associated product feature 406s. The one or more of the associated product feature 406s selected by user 108 are received by portfolio engine 204
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through web application 206 at step 914. At step 916, portfolio engine 204 retrieves a list of relevant patent 408s associated with one or more associated product feature 406s from knowledge base 202. The list of relevant patent 408s thus obtained is displayed to user 108 at step 918.
However, in case knowledge base 202 does not contain any product feature 406 associated with the product feature 406 input by user 108, an alert message is displayed to user 108 on client 106 at step 920. The alert message alerts user 108 of the absence of product feature 406 input by user 108 in knowledge base 202. At step 922, user 108 checks for product category 404 related with product feature 406 input by user 108 present in knowledge base 202.
In case user 108 identifies product category 404 related with product feature 406 Input by user 108, product feature 406 is then stored under the identified product category 404 at step 924.
In case there does not exist any product category 404 related with product feature 406 in knowledge base 202, a new product category 404 related with product feature 406 is created by user 108 in knowledge base 202 at step 926. At step 928, product feature 406 is stored under product category 404 created.
FIG. 10 is a flowchart describing a scenario wherein a new patent needs to be organized in the existing patent portfolio in accordance with an embodiment of the invention.
The new patent for a company includes patents belonging to the company not present in knowledge base 202. The new patent may include without limitation, a recently granted patent or a patent obtained from acquisitions.
The new patent is received by portfolio engine 204 through web application 206 at step 1002. At step 1004, user 108 checks for any product feature 406 associated with the new patent present in knowledge base 202, based on product feature 406s and associated keywords stored in knowledge base 202. According to an embodiment of the invention, portfolio engine 204 may check for any product feature 406 associated with the new patent in knowledge base 202 at step 1004.
In case there is at least one product feature 406 present in knowledge base 202 associated with the new patent, then at step 1006, the new patent is stored under the one or more product feature 406s identified. However, in case there is no product feature 406 associated with the new patent in knowledge base 202, user 108
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creates a new product feature 406 in knowledge base 202 based on the new patent at step 1008.
After the creation of the new product feature 406, user 108 also checks for any product category 404 related with the new product feature 406 in knowledge base 202 at step 1010.
In case there is a product category 404 related with the new product feature 406 in knowledge base 202, user 108 stores the new product feature 406 under the identified product category 404 at step 1012. At step 1014, the new patent is stored under the new product feature 406 in knowledge base 202.
However, in case knowledge base 202 does not contain product category 404 related with the new product feature 406, user 108 then creates a new product category 404 based on the new product feature 406 in knowledge base 202 at step 1016. At step 1018, portfolio engine 204 stores the new product category 404 in knowledge base 202. The new product feature 406 is then stored under the new product category 404 in knowledge base 202 at step 1020 and at step 1022, the new patent is stored under the new product feature 406.
An embodiment of the present invention or any of its components may be embodied in the form of a processing machine. Typical examples of a processing machine include a computer, a programmed microprocessor, an integrated circuit, and other devices or arrangements of devices that are capable of implementing the steps of the method of the current invention. The processing machine executes a set of instructions that are stored in one or more storage elements, in order to process input data. The storage elements may also hold data or other information as desired. The storage element may be in the form of an information destination or a physical memory element present in the processing machine. The set of instructions may include various commands that instruct the processing machine to perform specific tasks such as the steps that constitute the method of the present invention. The set of instructions may be in the form of a software program. The software may be in various forms such as system software or application software. Further, the software might be in the form of a collection of separate programs, a program module with a larger program or a portion of a program module. The software might also include modular programming in the form of object-oriented programming. The processing of Input data by the processing machine may be in response to user commands, or in response to results of previous processing or in response to a request made by
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another processing machine. A person sl
| # | Name | Date |
|---|---|---|
| 1 | 2474-che-2009 abstract 12-10-2009.pdf | 2009-10-12 |
| 1 | 2474-che-2009 power of attorney 12-10-2009.pdf | 2009-10-12 |
| 2 | 2474-che-2009 claims 12-10-2009.pdf | 2009-10-12 |
| 2 | 2474-che-2009 form-5 12-10-2009.pdf | 2009-10-12 |
| 3 | 2474-che-2009 correspondence-others 12-10-2009.pdf | 2009-10-12 |
| 3 | 2474-che-2009 form-3 12-10-2009.pdf | 2009-10-12 |
| 4 | 2474-che-2009 description (complete) 12-10-2009.pdf | 2009-10-12 |
| 4 | 2474-che-2009 form-2 12-10-2009.pdf | 2009-10-12 |
| 5 | 2474-che-2009 form-1 12-10-2009.pdf | 2009-10-12 |
| 5 | 2474-che-2009 drawings 12-10-2009.pdf | 2009-10-12 |
| 6 | 2474-che-2009 drawings 12-10-2009.pdf | 2009-10-12 |
| 6 | 2474-che-2009 form-1 12-10-2009.pdf | 2009-10-12 |
| 7 | 2474-che-2009 description (complete) 12-10-2009.pdf | 2009-10-12 |
| 7 | 2474-che-2009 form-2 12-10-2009.pdf | 2009-10-12 |
| 8 | 2474-che-2009 correspondence-others 12-10-2009.pdf | 2009-10-12 |
| 8 | 2474-che-2009 form-3 12-10-2009.pdf | 2009-10-12 |
| 9 | 2474-che-2009 claims 12-10-2009.pdf | 2009-10-12 |
| 9 | 2474-che-2009 form-5 12-10-2009.pdf | 2009-10-12 |
| 10 | 2474-che-2009 power of attorney 12-10-2009.pdf | 2009-10-12 |
| 10 | 2474-che-2009 abstract 12-10-2009.pdf | 2009-10-12 |