6 Common Patent Data Errors and How They Affect Your Decisions
Whether you are applying for a patent or working on a patent portfolio, common patent data errors can affect your decisions. If you have ever wondered how to recognize and correct common patent data errors, here are six easy steps to help you make smarter, more confident decisions.
Common data errors affect assignee information
Identifying and correcting common patent data errors can be an iterative endeavor. For example, a large number of patents are assigned to companies with identical names, such as General Electric. A proper review of patent data is an essential first step to ensuring the right patents are assigned to the right people. Fortunately, there are a number of solutions that can help ensure your organization receives only the highest quality information available.
For example, LexisNexis (NYSE:LXS) has a team of data experts and machine learning wizards dedicated to ensuring your company’s most important patents are properly categorized and attributed to the right people. The company’s proprietary software, PatentSightTM, includes tools to comb through millions of patents to identify and correct common patent data mistakes. The company’s proprietary data tools also incorporate the latest advancements in artificial intelligence, such as deep learning and natural language processing, to sift through patents in search of valuable insights. The software’s powerful search capabilities can also detect errant keywords and alert you when a patent has been misclassified. In addition, the company’s proprietary technology, AdaptIQTM, can ingest and store patents in the cloud, eliminating the need for costly hardware. In addition, the company’s flagship service, eDiscoveryTM, provides access to patents from hundreds of leading patent firms.
Examples of inventions found by the Federal Circuit to be patent eligible
During the process of assigning a patent, it is essential that the patent office have accurate information on the assignee of the patent. Common data patent errors can lead to inaccurate or wrongful attribution of a patent. In order to avoid these mistakes, it is important to know how to determine the correct name of a company and to be sure that the correct name is used.
During the process of patent examination, the USPTO has developed guidelines for determining whether a claim is patent-eligible. These guidelines focus on three factors: utility, specificity, and credibility. To determine utility, the patent applicant must disclose sufficient information that someone of ordinary skill in the art would accept the invention for its claimed use. Moreover, the utility of the invention must be substantial and specific, meaning that the claim is directed to a use that is unique to the invention.
While the court has significant discretion in characterizing a claim, the court should not hesitate to recharacterize a claim if the invention is not sufficiently specific or credible. If a claim is directed to a natural product, such as DNA, it is not patent-eligible.
The PTO’s guidelines also state that composition-of-matter claims must be directed to a product that is structurally distinct from naturally occurring products. For example, a composition claim for gunpowder, which is made of charcoal, sulfur, and saltpeter, is not patent-eligible. However, a method claim directed to amplification of target DNA would be patent-eligible.
While the Supreme Court has held that patentable subject matter is a broad concept, it has also made clear that there are important limitations to the definition. In re Wands (858 F.2d 731), for example, the court noted that it was improper to patent a segment of genetic material that was not encoding an intron. In Myriad, the court also recognized that a law of nature is not patent-eligible. These decisions have significantly narrowed the scope of the patentable subject matter.
In the wake of these recent decisions, the United States Patent and Trademark Office (USPTO) has formulated revised examination procedures. In particular, the Revised Guidance provides a new procedure for determining whether a claim is patent-eligible. It does so through a three-step process: it defines the concept, identifies its elements, and reaches a decision as to whether the claim is patent-eligible.
The Revised Guidance also provides that a natural product’s composition-of-matter claim is not patent-eligible if the components are structurally identical to the natural product’s genomic counterparts. For example, a composition claim directed to primers is not patent-eligible because the primers are structurally identical to the DNA molecule that is contained within the primer.
The Federal Circuit has reaffirmed this conclusion in a number of cases. For example, a method claim directed to meal planning, which was directed to the dietary goals and food preferences of an individual, was found to be ineligible.
LexisNexis PatentSight Data Harmonization team members come from diverse backgrounds
Using a large amount of data from a wide array of sources, the LexisNexis PatentSight platform is able to deliver a highly accurate assessment of an enterprise’s IP portfolio. The product is one of the many tools that make up the LexisNexis IP suite of products. Its flagship product, the LexisNexis IP Explorer, is a comprehensive data management and analytic platform designed to enhance enterprise innovation capabilities. Using the latest in artificial intelligence technology, the IP Explorer delivers a superior user experience across all channels. Using the IP Explorer, your organization can achieve better ROI on its IP investments and reduce risk. It also allows for more targeted communications and increased employee engagement. The IP Explorer is the only enterprise-wide patent intelligence solution on the market today. Powered by the LexisNexis PatentSight, the IP Explorer provides comprehensive full-text patent information on more than 100 million documents in English. The product is a must-have for your business’ intellectual property and patent needs. Its proprietary Patent Asset Index (PAI) is a patents rating system that enables you to quickly evaluate the quality of a patent’s disclosure. The PAI also identifies patents that are high-value and not so high-value. The data is also integrated into LexisNexis’ enterprise search engine, which provides access to a database of over 500 million records.