Patent infringement detection method and system based on game theory

Abstract

The invention belongs to the technical field of information retrieval, and discloses a patent infringement detection method and system based on the game theory. The method comprises the steps: carrying out the data collection, and carrying out the preprocessing of the collected data; carrying out infringement risk calculation through calculation of novelty and non-obvious performance of technicalcharacteristics and games among claims and patents, wherein the payment obtained by the game result is the patent infringement risk. In the infringement detection process, novelty and inconspicuousness are detected at the same time, technical prejudice is overcome, and a good experiment result is obtained in combination with profound laws and related professional knowledge of patents; according tothe invention, a rational decision process of a patent applicant is considered in an infringement risk calculation process, so the technical problem that people always desire to solve but always failto obtain success and are related to an actual detection process is solved; the method fills the blank at home and abroad, and provides a new strategy for patent text comparison.

Description

technical field [0001] The invention belongs to the technical field of information retrieval and its database structure, and in particular relates to a method and system for detecting patent infringement based on game theory. Background technique [0002] At present, the existing technologies commonly used in the industry are as follows: with the progress of the times, people pay more and more attention to the protection of intellectual property rights, and the number of applications for patents as an important means of intellectual property protection has increased sharply. However, once a patent is found to be infringing after it is granted, it will bring huge losses to the company and the individual. However, the manual review of patents is not only slow, but also may lead to misjudgments in the patent review process due to the limitation of patent review personnel's domain knowledge. Therefore, automatic infringement detection before patent application can greatly reduce...

AI Technical Summary

Problems solved by technology

[0005] (1) Since the reform of the patent law, substantive examination of the content of the patent has been added. The substantive examination mainly examines the three characteristics of the patent: usefulness, novelty and non-obviousness, and the infringement detection is aimed at the comparison between the patent and other patents. relationship, usefulness can be ignored for the time being, past methods ignore the detection of non-obviousness

[0006] (2) The previous method did not distinguish the patent text from other ordinary texts, only the text itself was considered in the comparison process, and the rational decision of the patent applicant was not considered

[0007] (3) The comparative method of the past method does not take into account that the process of determining the novelty of a patent is a two-way process, not only considering the technical features of the patent than the previous patent, but also considering those technical features of the patent than the previous patent

[0008] (4) Neglecting the hierarchy, reducing the accuracy of the representation of the infringing object

The past methods only considered that the most important part of a patent is the claims, which are composed of claims. In fact, for patents, patents are mainly composed of claims, and claims are mainly composed of technical features. The ignorance of , resulting in a reduction in the accuracy of the patent representation of the infringing object

[0009] (5) Neglecting pertinence, this information loss reduces the accuracy of experimental results

[0011] (1) Past automated methods for patent infringement detection are less effective in detecting non-obviousness

[0012] (2) The past methods did not distinguish the patent text from other ordinary texts, only the text itself was considered in the comparison process, and the rational decision of the patent applicant was not considered

[0013] (3) The comparison method of the past method does not take into account that the process of determining the novelty of a patent is a two-way process, and does not involve the technical features of the patent that are less than the previous patent

The above problems lead to inaccurate results of patent infringement detection

[0014] (4) The inaccuracy of the representation information of the infringing object in the detection method of the prior art leads to the inaccuracy of the experimental results

[0015] (5) The inaccurate expression of real infringement scene information in the detection method of the prior art leads to low reliability of the experimental results

[0016] (6) The loss of targeted information in the detection method of the prior art leads to low accuracy of the experimental results

[0017] Difficulty in solving the above technical problems: the traditional comparison method is difficult to detect non-obviousness; the method that only considers the comparison cannot reflect the decision-making process of the applicant

The traditional comparison method is difficult to express the hierarchy of patent composition; it is difficult to reflect the real scene of infringement; it is difficult to express the specificity of patent infringement judgment

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