Patent claim scope evaluator

Abstract

Systems and methods for calculating a patent claim scope rating are disclosed. In an example embodiment, a method of calculating a patent claim scope rating includes identifying patent references cited in examination of a subject patent and storing the identified patent references as an applied art list, identifying first backward references for the patent references in the applied art list and storing the first backward references as a first backward list, identifying second backward references for the first backward references in the first backward list and storing the second backward references as a second backward list, identifying forward references for the patent references in the applied art list and storing the forward references as a forward list. A patent claim scope rating is based on a calculation including at least a partial combination listing of the applied art list, the first and second backward lists, and the forward list.

1 . (canceled) 
     
     
         2 . A method of determining a patent claim scope rating, comprising:
 receiving from a graphical user interface displayed on a user terminal over a network, a first input containing information about a subject patent;   receiving from the graphical user interface over the network, a second input including disclosure selection criteria, wherein the disclosure selection criteria includes at least one of an element of technology disclosed in the subject patent, or an earliest representative patent for the element of technology;   formulating, using at least one processor, a search query using the first input and the second input;   receiving a search result in response to formulating the search query, the search result including one or more reference documents;   extracting a set of references from the one or more reference documents included in the search result, the set of references including:
 a patent reference cited in examination of the subject patent; 
 a non-patent reference cited in examination of the subject patent; 
 a first backward reference for the patent reference cited in examination of the subject patent; 
 a second backward reference for the first backward reference; and 
 a forward reference for the patent reference cited in examination of the subject patent; 
   determining a set of patent scope sub-ratings;   determining a patent claim scope rating for the subject patent based on the set of patent scope sub-ratings;   generating, for output on the graphical user interface, a patent claim scope rating report including the patent claim scope rating, and   transmitting, to the graphical user interface displayed on the user terminal over the network, the patent claim scope rating report.   
     
     
         3 . The method of  claim 2 , wherein the disclosure selection criteria further includes:
 a keyword included in the subject patent; and   an importance rating for the keyword.   
     
     
         4 . The method of  claim 2 , wherein a first patent scope sub-rating of the set of patent scope sub-ratings is determined using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent. 
     
     
         5 . The method of  claim 2 , wherein a second patent scope sub-rating of the set of patent scope sub-ratings is determined using a ratio of a number of patent references to a number of non-patent references. 
     
     
         6 . The method of  claim 2 , wherein a third patent scope sub-rating of the set of patent scope sub-ratings is determined using a number of patent disclosures in an art context of the subject patent filed prior to the subject patent falling within a predetermined time range of the patent disclosure with an earliest priority date. 
     
     
         7 . The method of  claim 2 , wherein a fourth patent scope sub-rating of the set of patent scope sub-ratings is determined using:
 a time passed between a priority date of an oldest reference included in a set of prior patent references and a priority date of the subject patent, the set of prior patent references including the patent reference, the first backward reference, and the second backward reference;   a number of references included in the set of prior patent references; and   one or more reference relationships between members of the set of prior patent references.   
     
     
         8 . The method of  claim 7 , wherein a fifth patent scope sub-rating of the set of patent scope sub-ratings is determined using a subclass of the subject patent and a subclass of members of the set of prior patent references. 
     
     
         9 . The method of  claim 7 , wherein a sixth patent scope sub-rating of the set of patent scope sub-ratings is determined using a keyword overlap between a target technology of the subject patent and a set of technology area references, the set of technology area references including the set of prior patent references and the forward references. 
     
     
         10 . The method of  claim 2 , wherein a seventh patent scope sub-rating of the set of patent scope sub-ratings is determined using a number of references between the subject patent and a patent with an earliest priority date from a set of prior patent references, the set of prior patent references including the patent reference, the first backward reference, and the second backward reference. 
     
     
         11 . A system to determine a patent claim scope rating, the system comprising:
 at least one processor; and   a memory, including instructions that, when executed by the at least one processor cause the at least one processor to perform operations to:
 receive from a graphical user interface displayed on a user terminal over a network, a first input containing information about a subject patent; 
 receive from the graphical user interface over the network, a second input including a disclosure selection criteria; 
 formulate a search query using the first input and the second input; 
 receive a search result in response to formulating the search query, the search result including one or more reference documents; 
 extract a set of references from the one or more reference documents included in the search result, the set of references including:
 a patent reference cited in examination of the subject patent, 
 a non-patent reference cited in examination of the subject patent; 
 a first backward reference for the patent reference cited in examination of the subject patent; 
 a second backward reference for the first backward reference; and 
 a forward reference for the patent reference cited in examination of the subject patent; 
 
 determine at least two patent scope sub-ratings, wherein the at least two patent scope sub-ratings are determined using at least one of: a number of patent disclosures in an art context of the subject patent filed prior to the subject patent, a time passed between a priority date of an oldest reference included in a set of prior patent references and a priority date of the subject patent, the set of prior patent references including the patent reference, the first backward reference, and the second backward reference, a number of references included in the set of prior patent references, or one or more reference relationships between members of the set of prior patent references; 
 determine a patent claim scope rating for the subject patent based on the at least two patent scope sub-ratings; 
 generate, for output on the graphical user interface, a patent claim scope rating report including the patent claim scope rating, and 
 transmit, to the graphical user interface displayed on the user terminal over the network, the patent claim scope rating report. 
   
     
     
         12 . The system of  claim 11 , wherein the at least two patent scope sub-ratings are further determined using at least one of: a ratio of a number of patent references to a number of non-patent references or a number of patent disclosures in an art context of the subject patent filed prior to the subject patent falling within a predetermined time range of the patent disclosure with an earliest priority date. 
     
     
         13 . The system of  claim 11 , wherein the at least two patent scope sub-ratings are further determined using at least one of: using a subclass of the subject patent and a subclass of members of the set of prior patent references or a keyword overlap between a target technology of the subject patent and a set of technology area references, the set of technology area references including the set of prior patent references and the forward references. 
     
     
         14 . The system of  claim 11 , wherein the at least two patent scope sub-ratings are further determined using a number of references between the subject patent and a patent with an earliest priority date from a set of prior patent references, the set of prior patent references including the patent reference, the first backward reference, and the second backward reference. 
     
     
         15 . The system of  claim 11 , wherein the disclosure selection criteria includes:
 an element of technology disclosed in the subject patent; and   an earliest representative patent for the element of technology.   
     
     
         16 . The system of  claim 11 , wherein the disclosure selection criteria includes:
 a keyword included in the subject patent; and   an importance rating for the keyword.   
     
     
         17 . A non-transitory machine readable medium, including instructions, which when performed by a machine, cause the machine to perform operations comprising:
 receiving from a graphical user interface displayed on a user terminal over a network, a first input containing information about a subject patent;   receiving from the graphical user interface over the network, a second input including a disclosure selection criteria;   formulating, using at least one processor, a search query using the first input and the second input;   receiving a search result in response to formulating the search query, the search result including one or more reference documents;   extracting a set of references from the one or more reference documents included in the search result, the set of references including:
 a patent reference cited in examination of the subject patent; 
 a non-patent reference cited in examination of the subject patent; 
 a first backward reference for the patent reference cited in examination of the subject patent; 
 a second backward reference for the first backward reference; and 
 a forward reference for the patent reference cited in examination of the subject patent; 
 determining at least two patent scope sub-ratings, wherein the at least two patent scope sub-ratings are determined using at least one of: a number of patent disclosures in an art context of the subject patent filed prior to the subject patent, a time passed between a priority date of an oldest reference included in a set of prior patent references and a priority date of the subject patent, the set of prior patent references including the patent reference, the first backward reference, and the second backward reference, a number of references included in the set of prior patent references, or one or more reference relationships between members of the set of prior patent references; 
   determining a patent claim scope rating for the subject patent based on the at least two patent scope sub-ratings;   generating, for output on the graphical user interface, a patent claim scope rating report including the patent claim scope rating, and   transmitting, to the graphical user interface displayed on the user terminal over the network, the patent claim scope rating report.   
     
     
         18 . The medium of  claim 17 , wherein the at least two patent scope sub-ratings are further determined using at least one of: a ratio of a number of patent references to a number of non-patent references or a number of patent disclosures in an art context of the subject patent filed prior to the subject patent falling within a. predetermined time range of the patent disclosure with an earliest priority date. 
     
     
         19 . The medium of  claim 17 , wherein the at least two patent scope sub-ratings are further determined using at least one of: using a subclass of the subject patent and a subclass of members of the set of prior patent references or a keyword overlap between a target technology of the subject patent and a set of technology area references, the set of technology area references including the set of prior patent references and the forward references. 
     
     
         20 . The medium of  claim 17 , wherein the at least two patent scope sub-ratings are further determined using a number of references between the subject patent and a patent with an earliest priority date from a set of prior patent references, the set of prior patent references including the patent reference, the first backward reference, and the second backward reference. 
     
     
         21 . The system of  claim 11 , wherein the disclosure selection criteria includes:
 an element of technology disclosed in the subject patent;   an earliest representative patent for the element of technology;   a keyword included in the subject patent; and   an importance rating for the keyword.