Apparatus and method for analyzing patent claim validity

A system for analyzing validity of a patent claim, the system comprising:

• a processor;
• an input device coupled to the processor, the input device being configured to provide information to the processor;
• and
• an output device coupled to the processor;
• wherein the processor is configured to perform steps comprising:
• receiving through the input device data sufficient to obtain a patent claim, text describing the patent claim, and an effective priority date of the patent claim,
• determining frequencies of occurrence, within a text describing the patent claim, of each word of a plurality of words in the patent claim to obtain a plurality of first frequencies,
• determining frequencies of occurrence of said each word in a neutral text to obtain a plurality of second frequencies, wherein the neutral text is unrelated to (i) the patent claim, (ii) the text describing the patent claim, and (iii) the technology of the patent claim and the text describing the patent claim, and wherein the neutral text does not include the patent claim or the text describing the patent claim,
• for said each word, calculating a ratio of the first frequency associated with said each word to the second frequency associated with said each word, thereby obtaining a plurality of ratios, a ratio of the plurality of ratios per said each word,
• comparing each ratio of the plurality of ratios to a first parameter to obtain a plurality of key terms, each key term of the plurality of key terms comprising a word corresponding to a ratio of the plurality of ratios that exceeds the first parameter,
• formulating at least one query to search for data items that include the key terms, wherein the at least one query limits the frame of a search in accordance with the at least one query to time preceding the effective priority date of the patent claim,
• launching the at least one query,
• receiving search results responsive to the at least one query;
• determining an anticipatory candidate set by selecting from the search results anticipatory candidate items, wherein each result of the search results that includes all the key terms is selected for the anticipatory candidate set,
• determining an obviousness candidate set by selecting from the search results distinct obviousness combinations, wherein each of the distinct obviousness combinations comprises a different group of no more than a second predetermined number of the search results that includes all the key terms, and
• outputting through the output device the anticipatory candidate set and the obviousness candidate set.

An article of manufacture comprising a machine-readable storage medium with instruction code stored in the medium, said instruction code, when executed by a data processing system comprising a processor, causes the processor to perform the following steps to analyze validity of a patent claim:

• determining frequencies of occurrence, within a text describing the patent claim, of each word of a plurality of words in the patent claim to obtain a plurality of first frequencies;
• determining frequencies of occurrence of said each word in a neutral text to obtain a plurality of second frequencies, wherein the neutral text is unrelated to (i) the patent claim, (ii) the text describing the patent claim, and (iii) the technology of the patent claim and the text describing the patent claim, and wherein the neutral text does not include the patent claim or the text describing the patent claim;
• for said each word, calculating a ratio of the first frequency associated with said each word to the second frequency associated with said each word, thereby obtaining a plurality of ratios, a ratio of the plurality of ratios per said each word;
• comparing each ratio of the plurality of ratios to a first parameter to obtain a plurality of key terms, each key term of the plurality of key terms comprising a word corresponding to a ratio of the plurality of ratios that exceeds the first parameter;
• determining an effective priority date of the patent claim;
• formulating at least one query to search for data items that include the key terms, wherein the at least one query limits time frame of a search in accordance with the at least one query to time preceding the effective priority date of the patent claim;
• launching the at least one query;
• receiving search results responsive to the at least one query.
• determining an anticipatory candidate set by selecting from the search results anticipatory candidate items, wherein each result of the search results that includes all the key terms is selected for the anticipatory candidate set;
• determining an obviousness candidate set by selecting from the search results distinct obviousness combinations, wherein each of the distinct obviousness combinations comprises a different group of no more than a second predetermined number of the search results that includes all the key terms;
• and
• outputting the anticipatory candidate set and the obviousness candidate set.