System & Method For Assessing & Responding to Intellectual Property Rights Proceedings/Challenges

Abstract

An automated system profiles personnel, organizational behavior, etc., of entities associated with intellectual property rights proceedings and challenges. By analyzing rules and events associated with such organizations (Patent & Trademark Office, Board of Appeals, District/Appellate Courts, etc.) more accurate assessments can be made of the merits and potential outcomes of IP proceedings. Ratings can be calculated and assigned for individuals, entities, representatives, cases, etc., as part of the assessment.

What is claimed is: 
     
         1 . A computer implemented method of analyzing post-grant challenge proceedings initiated in a governmental agency that are associated with patents which include one or more issued patent claims comprising:
 storing completed patent challenge proceedings data with the computer in a first data file of post-grant challenge proceedings that are completed, including at least a first proceeding record containing a first reference number for a first completed proceeding, an associated first patent number for a first patent proceeding, first patent text content for a first patent corresponding to said first patent number in said first proceeding, a first post-grant challenge outcome value and one or more portable document format data files associated with said first proceeding;   storing pending patent challenge proceedings data with the computer in a second data file of post-grant challenge proceedings that are not completed, including at least a second proceeding record containing a second reference number for a second pending proceeding, an associated second patent number for a first proceeding, second patent text content for a second patent corresponding to said second patent number in said second proceeding and one or more portable document format data files associated with said second proceeding;   wherein said first data file and said second data file are part of one or more first databases that are separate from a governmental agency database hosting government generated data for said challenge proceedings;   providing an electronic interface to said one or more first databases to permit an online query with the computer to a selected reference set of challenge proceeding records, including to text content of said one or more portable document format data files associated with a corresponding set of patents with the computer;   wherein said online query can specify one or more of a keyword, a patent classification, a proceeding reference number, a patent number, a document type, a time constraint, a post-grant challenge outcome value or an entity name for retrieving desired challenge proceedings records in said one or more first databases;   retrieving said selected reference set records and presenting the same within said electronic interface;   generating and presenting a predicted post-grant challenge outcome value for said second pending proceeding within said electronic interface based at least in part on an automated natural language comparison with a computing system of said first patent text content and said second patent text content; and   automatically updating said one or more first databases at predetermined intervals to reflect changes in said challenge proceedings data at said governmental agency database.   
     
     
         2 . The method of  claim 1 , wherein said one or more portable document format data files include formal United States Patent & Trademark (USPTO) Office Actions. 
     
     
         3 . The method of  claim 1 , wherein said one or more portable document format data files include formal filings by rights holders of said set of patents. 
     
     
         4 . The method of  claim 1 , wherein said one or more portable document format data files include formal declarations filed in said proceedings. 
     
     
         5 . The method of  claim 1 , wherein said one or more portable document format data files include decisions by an appeals panel. 
     
     
         6 . The method of  claim 1 , further including a step: calculating at least one of a timing parameter specifying a time period predicted for completing said second pending proceeding. 
     
     
         7 . The method of  claim 1 , further including a step: generating a target prediction of additional events to be generated during the second pending proceeding, which additional events are derived from Bayesian logic or Hidden Markov Model processing performed on event data in other challenge proceedings. 
     
     
         8 . The method of  claim 7 , further including steps of computing and presenting a likelihood percentage of such additional events occurring. 
     
     
         9 . The method of  claim 1 , wherein a set of proceedings matching one or more selectable criteria in said first proceeding can be retrieved to identify similar cases handled by the governmental agency. 
     
     
         10 . The method of  claim 1 , wherein the challenge proceeding is a judicial filing in a court of competent jurisdiction. 
     
     
         11 . The method of  claim 1 , wherein the challenge proceeding is a third party post-grant challenge filing with the United States Patent & Trademark Office (USPTO). 
     
     
         12 . The method of  claim 1 , wherein the challenge proceeding is a reexamination filing with the United States Patent & Trademark Office (USPTO). 
     
     
         13 . The method of  claim 1 , wherein petition filings and decisions can be queried and retrieved within said interface. 
     
     
         14 . The method of  claim 1 , wherein documents relating to prior art cited in said proceedings can be retrieved. 
     
     
         15 . The method of  claim 13 , further including a step: compiling said prior art and creating an index of text in such content; wherein queries can be made to text content of said prior art. 
     
     
         16 . The method of  claim 1 , wherein said patent proceedings data is semantically classified and can be queried based on topics and/or categories. 
     
     
         17 . The method of  claim 1 , wherein said patent proceedings data is analyzed to determine conformance with respect to a set of underlying to proceedings rules used by the governmental agency during the challenge proceedings. 
     
     
         18 . The method of  claim 16 , wherein said query determines a selected set of proceedings for which a specified event is likely to occur. 
     
     
         19 . The method of  claim 17 , wherein said query further identifies when said specified event is likely to occur. 
     
     
         20 . The method of  claim 1 , wherein a feature vector is derived for content of a formal patent challenge request presented in said second pending proceeding and is used to identify a data cluster of one or more similar first completed patent challenge proceedings. 
     
     
         21 . The method of  claim 1 , further including a step: generating an alert which is broadcast to a user over an internet when a new event is detected in said first challenge proceeding. 
     
     
         22 . The method of  claim 20 , wherein said alert is customizable by said user for specific content and is generated at least once per day. 
     
     
         23 . The method of  claim 1 , further including a step: receiving predictions for future events and/or outcomes in said first proceeding from an online community. 
     
     
         24 . The method of  claim 1 , wherein said predicted post-grant challenge outcome value for said second pending proceeding is processed and broken down by individual claims of said second patent. 
     
     
         25 . The method of  claim 1 , wherein said alert is broadcast in response to determination that said predicted post-grant challenge outcome value has changed by a predetermined value and/or exceeds a specified threshold. 
     
     
         26 . The method of  claim 1 , further including steps:
 determining a set of cases pending with a patent Examiner; and   generating a prediction of a set of outputs expected for such Examiner in such set of cases in a target time window.   
     
     
         27 . The method of  claim 1 , further including steps:
 receiving a hypothetical challenge submission including content from a target document that has not been filed with the governmental agency for such second pending proceeding; and   processing said hypothetical challenge submission to compare it to prior challenge submissions and generate a prediction of an expected treatment of such target document by such agency.   
     
     
         28 . The method of  claim 27 , further including a step: generating a set of recommendations of content changes for said hypothetical challenge submission to increase a likelihood of a preferred post-grant challenge outcome. 
     
     
         29 . The method of  claim 1 , further including steps:
 receiving a hypothetical patent content submission including content from a target patent that is not associated with a pending patent challenge proceeding with the governmental agency; and   processing said hypothetical patent submission to compare it to prior patents subjected to patent challenge proceeding and generate a prediction of an expected treatment of such target patent by such agency.   
     
     
         30 . The method of  claim 1  wherein said automatically updating is performed based on a priority determined by calculating a likelihood of a change in data in one or more of said challenge proceedings. 
     
     
         31 . A computer implemented system for analyzing post-grant challenge proceedings initiated in a governmental agency that are associated with patents which include one or more issued patent claims comprising:
 a first data file for storing completed patent challenge proceedings data of post-grant challenge proceedings that are completed, including at least a first proceeding record containing a first reference number for a first completed proceeding, an associated first patent number for a first patent proceeding, first patent text content for a first patent corresponding to said first patent number in said first proceeding, a first post-grant challenge outcome value and one or more portable document format data files associated with said first proceeding;   a second data file for storing pending patent challenge proceedings that are not completed, including at least a second proceeding record containing a second reference number for a second pending proceeding, an associated second patent number for a first proceeding, second patent text content for a second patent corresponding to said second patent number in said second proceeding and one or more portable document format data files associated with said second proceeding;   wherein said first data file and said second data file are part of one or more first databases that are separate from a governmental agency database hosting government generated data for said challenge proceedings;   an electronic interface to said one or more first databases adapted to permit an online query with the computer to a selected reference set of challenge proceeding records, including to text content of said one or more portable document format data files associated with a corresponding set of patents with the computer;   wherein said online query can specify one or more of a keyword, a patent classification, a proceeding reference number, a patent number, a document type, a time constraint, a post-grant challenge outcome value or an entity name for retrieving desired challenge proceedings records in said one or more first databases;   a query routine for retrieving said selected reference set records and presenting the same within said electronic interface;   a prediction routine for generating and presenting a predicted post-grant challenge outcome value for said second pending proceeding within said electronic interface based at least in part on an automated natural language comparison with a computing system of said first patent text content and said second patent text content; and   an update routine for automatically updating said one or more first databases at predetermined intervals to reflect changes in said challenge proceedings data at said governmental agency database.