System & Method For Predicting Outcome Of An Intellectual Property Rights Proceeding/Challenge

Abstract

A networked computer system permits users to rate and predict outcomes of hypothetical submissions provided to a target entity. By analyzing the target entity's prior submissions, the strength of a patent can be assessed prior to licensing, enforcement, etc. against a set of prior art references to determine the patent's future robustness.

Description

RELATED APPLICATION DATA[0001]The present application claims the benefit under 35 U.S.C. 119(e) of the priority date of Provisional Application Ser. No. 61434588 filed Jan. 20, 2011 and Ser. No. 61442049 filed Feb. 11, 2011 both of which are hereby incorporated by reference.[0002]The application is further related to the following applications, all of which are filed on this same date and incorporated by reference herein:[0003]System & Method For Assessing & Responding to Intellectual Property Rights Proceedings / Challenges; Ser. No. ______ (attorney docket number PS2012-1);[0004]System & Method For Locating & Assessing Intellectual Property Assets; Ser. No. ______ (attorney docket number PS2012-2);[0005]System & Method For Facilitating Sequential Review of Restructured Protected Data; Ser. No. ______ (attorney docket number PS2012-3);[0006]System & Method For Compiling Intellectual Property Asset Data; Ser. No. ______ (attorney docket number PS2012-4);[0007]System & Method For Analy...

AI Technical Summary

Problems solved by technology

None of these systems, however, allow for inspection or review of cases that are still pending (not yet issued) or in a post-issuance proceedings.

The PAIR system as currently constituted and presented, however, does not contain any accessible electronic database to permit the general public to perform conventional search, inspection operations for cases.

For instance, in its current incarnation the user is required to know in advance and specify a specific case number (which may be difficult or impossible to locate) before they can see the data associated with such case, and even then the data is not organized in a fashion that makes it easy to review.

The PAIR system has been in existence for several years and yet has not been improved upon despite its obvious limitations.

In fact the PTO has made every effort to make the information difficult to obtain through a variety of access limiting mechanisms, including using CAPTCHA codes and timeout mechanisms.

As is apparent, this is extremely limiting as many persons do not know what these numbers are, and the PAIR system provides no insight or guidance on what the numbers might be.

Again, however, there is no general search capability at this point to allow the user to locate items of interest in the file, such as comments, text, etc., associated with this case (or other cases).

While the tabs are reasonably well organized, one other significant problem with the PAIR site is that it is extremely difficult to navigate within a conventional browser, because many of the conventional function buttons do not operate in a consistent manner.

For example while reviewing one screen, it is often impossible to simply go “back” one screen to look at another entry.

Instead, the page load fails and the user is required to resubmit the query all over again.

In addition, the system frequently times out and requires the user to re-log in all over again, which because of the recaptcha mechanism, is time consuming.

In turn this means that a large amount of very useful data is kept effectively hidden from the general public, which is undesirable and does not advance the purpose of the patent laws.

The problem is most acute in cases of reexaminations, which are a form of post-issuance patent challenge.

Since reexamination cases are frequently associated with ongoing litigation, the financial stakes are often high and the public interest factor much larger.

Yet as with un-issued cases the public is stuck using the very limited PAIR system for obtaining information about ongoing cases.

Because the data is effectively inaccessible, it is difficult to predict basic information about cases, such as how long they will last, what strategies work or do not work, etc.

Clearly, there is a need for systems and methods to improve the limitations in the current PAIR (and similar) systems and existing approaches might attempt to do so, but are not sufficient.

Despite the availability of public databases (e.g., USPTO PAIR, SEC EDGAR, et. al.) the organization of these data combined with the user access makes finding meaningful relationships all but impossible.

The plethora of available search engines (Google, Yahoo, Delphion, Dialog, et. al.) has not improved this situation: access to Public Sector Information is inadequate as evidenced by reports that this information is being under utilized resulting in missed opportunity.

But it is extremely difficult for a researcher to find relationships between information that are not already scripted by a database schema employed in the data storage system.

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