All tagged Copying Claims

Using Deep Neural Networks to Decide Whether to Copy Claims or File a Third-Party Submission

Using Deep Neural Networks to Decide Whether to Copy Claims or File a Third-Party Submission

James Busch
Deep Neural Networks, Patent Prosecution

In my prior articles, I have discussed substantially copying claims, and third-party submissions. This raises the question, should you copy competitors claims, or file a Third-Party Submission (3PS) (if the timing requirements of 35 USC 122(e)(1) are met)? Deep neural network techniques can be utilized to help decide the best course of action.

Using Deep Neural Networks to Mine Your Patent Specification for Claims that Your Competitors Want

Using Deep Neural Networks to Mine Your Patent Specification for Claims that Your Competitors Want

James Busch
Deep Neural Networks, Patent Prosecution

In my article, “Finding Forward Citations and Getting Claims Your Competitors Want Using Continuations,” I discuss the concept of obtaining claims that your competitors are seeking to obtain and that your patent specification pre-dates and supports. In that article, the prerequisite to doing this was finding a forward citation to your patent where it was used to block the competitor. Wouldn’t it be nice if you could automate the discovery of competitor claims that read on to your prior patent specifications, even if an Examiner hasn’t appreciated this fact? This can be done using deep neural network sentence encoders.