Patent Examination Research Articles

Search for approaches to the use of artificial intelligence in patent examination

Inventions are the key foundation of innovation. When a new technology is introduced to themarket, society benefits both directly, as it enables us to do things that were previously impossible,and indirectly, in terms of the economic opportunities that arise, such as business developmentand employment. Currently, the only way to obtain proper legal protection for an inventionis through patent registration. Delays in obtaining a patent can significantly hinder thebusiness and innovation processes of any country. Given the increasing number of patent applicationsin Ukraine and globally, it is important to study methods for optimizing the patent examinationprocess. This article addresses the issue of the steadily increasing number of patentapplications by exploring the use of artificial intelligence (AI) technologies in the patent examinationprocess. It examines the relevance, methods, and outcomes of using AI technologies ineconomically developed countries, with particular attention to the cooperation between the NationalInstitute of Industrial Property of Brazil and the American Chemical Society.On September 4, 2020, these organizations signed a Technical Cooperation Agreementaimed at testing and optimizing patent examination processes using AI technologies. This cooperationhas demonstrated convincingly positive results in optimizing patent examinationprocesses with AI. The article also analyses the content of Ukraine's «Rules for Examinationof Applications for Invention and Utility Model Applications» and identifies the stages atwhich the use of AI technologies is possible and appropriate, considering the importance ofprocess optimization and speeding up patent application examinations. As a result of thestudy, it is recommended that the national patent office begin developing and implementingAI technologies in the patent application examination process. This will help accelerate theexamination of patent applications and, consequently, stimulate innovation in Ukraine.

A Detailed Examination of China’s Amended Patent Act Implementing Regulations and Patent Examination Guidelines

Abstract In December 2023, the State Council and the China National Intellectual Property Administration (CNIPA) amended two important pieces of secondary patent law. One is the Patent Act Implementing Regulations, which provide detailed guidance on the Patent Act’s provisions on patent prosecution, the China-specific peculiar administrative enforcement and other issues. The second is the Patent Examination Guidelines, which instruct patent examiners on examination, reexamination, invalidation, and other matters to be dealt with by the CNIPA. The amendments, which entered into force on 1 January 2024, made the two provisions compliant with the current version of the Patent Act after its fourth amendment of 2020. This article will outline the most important aspects of the amendments.

Climate disasters and processing of green patents

AbstractUsing Chinese data, this paper reveals that climate disaster events have a positive impact on the granting of green invention patents. The occurrence of climate disasters leads the patent‐granting officials to overestimate the likelihood of disaster recurrence, strengthens their perception of environmental protection as urgent, and consequently increases the number of patents that they grant. Salience bias, the tendency to overestimate probabilities due to the occurrence of salient events, is widely studied in psychology and behavioral finance. This paper extends this research by examining the influence of salience bias on people's behavior in processing green invention patents, with a specific focus on climate disaster events in Beijing, the headquarters of China's patent examination authority. In addition to the overall positive impact on granted patent numbers, the paper finds that (i) the influence of salience bias is temporary, with a more pronounced effect on energy‐saving patents than on other categories of patents, and (ii) the primary effect is on green invention patents filed by firms in Beijing, with the effect of salience bias rapidly diminishing as the distance of the application city from Beijing increases.

ОПТИМИЗАЦИЯ ПЕРЕПРОФИЛИРОВАНИЯ ВОСЬМИУГОЛЬНЫХ ТРУБ ИЗ КРУГЛЫХ ДЛЯ БАЛОЧНЫХ КОНСТРУКЦИЙ

A new method for converting round pipes into octagonal ones with a ratio of width and height 1/3.018 along the median line of the design section is presented, which maximizes their bearing capacity of bending strength. Its originality has been confirmed by patent examination. The calculation of the optimal parameters of thin-walled octagonal sections is given according to an approximate method tested using profiles from a standard assortment. The entire diagram of changes in the design parameters of octagonal pipes during the transformation of their cross sections from vertical to horizontal configurations is shown, including the transition through a modification with equal dimensions of width and height, the outlines of which have the shape of an equilateral (regular) octagon. The demand for octagonal profile pipes is revealed not only in metal, but also in pipe-concrete structures. A comparative analysis of the design parameters of optimized sections of profile pipes, repurposed from round to oval, flat-oval, semi-flat, rectangular, octagonal, has been performed. Optimized tubular profiles with increased bending strength can be attributed to beam modifications.

Current Status and Development Trends of Morphing Wing of Aircraft

Abstract:: Aircraft morphing wings, also known as adaptive wings or shape-variable wings, represent a revolutionary development in the field of aerospace engineering. Inspired by the adaptability observed in birds and insects during flight, researchers have been exploring potential applications of morphing wing technology to enhance the performance and efficiency of aircraft. This innovative technology holds the promise of improving aerodynamic efficiency, reducing fuel consumption, and enhancing overall flight maneuverability. This manuscript aims to explore and analyze the potential applications and effects of morphing wing technology for aircraft. Furthermore, this paper aims to gain an in-depth understanding of the principles and implications of morphing wing technology for aircraft and to assess its potential advantages in terms of flight performance, handling characteristics, and energy efficiency. Based on different driving mechanisms, patents related to aircraft morphing wings were systematically categorized and summarized, highlighting the most typical intra-wing and extra-wing deformations. Through an examination of patents related to aircraft morphing wings, various morphing wing technologies' unique characteristics were summarized. A comparative analysis of different deformation methods revealed their respective strengths and limitations. The paper concludes with a summary of current technical challenges facing morphing wing technology and a forward-looking exploration of its future trends and directions. Categorizing aircraft morphing wings into intra-wing and extra-wing deformations based on the method of deformation, this paper elaborates on the operational principles, advantages, and limitations of these two categories. Compared to traditional fixed wings, morphing wings exhibit superior flight performance, and it is anticipated that more patents will be developed in the future.

Identifikasi Non-Added Value Activity Dalam Proses Pemeriksaan Substantif Permohonan Paten Menggunakan Value Stream Mapping

The process of substantive patent examination which is complicated and takes a long time is one of the reasons the inventor is "reluctant" to apply for a patent on his invention. This research was conducted using the Current State Value Stream Mapping (CSVSM) method, which began with the creation of a process flow map with the cycle time of each activity. It is known that most of the activities are value added activities. However, there is 1 activity that is required but not added value, namely the activity of verifying the technical field of application documents; and 1 non-value-added activity, namely initialing the Patent Granting letter. The number of waiting/delaying incidents is a waste in the process of substantive examination of patent applications caused by: (a) employees generally do double work; and (b) the absence of SOPs in each sub-process/sub-activity in the process of substantive examination of patent applications. Proposed improvements are submitted in the Future State Value Stream Mapping (FSVSM). As a result, lead-time can be reduced to 11 days, which was originally 26 days; and Process Cycle Efficiency which was originally 19.23% increased to 45.45%

Exploration and Research on the Protection of Intellectual Property Rights in China s Fashion Design

In today s society, which has continued to develop for decades after the reform and opening up, people s material living conditions have been greatly satisfied, and they have gradually changed from lack of food and clothing to food and clothing . China is the most populous developing country in the world and has great potential for development in the garment industry. However, due to the lack of intellectual property rights in the protection of clothing design in China, plagiarism and counterfeiting in this field have emerged in an endless stream, and they have been repeatedly prohibited. In view of this situation, this paper suggests that China can issue special regulations to classify clothing as a separate type of object and be protected by copyright together with other objects, and then creatively combine copyright protection with design patent protection. In addition, the law can recognize the use of any means of reproduction, and at the same time set up a simple and fast patent examination path, in the hope that the wind of borrowing in the market can be calmed down, so that those miserable clothing companies and designers can feel at ease, and China s clothing industry can flourish healthily.

Experience effects of patent examiners: an empirical study of the career length and citation patterns on triadic patents

Experience effects of patent examiners: an empirical study of the career length and citation patterns on triadic patents

Patent eligibility after Alice: Evidence from USPTO patent examination

AbstractIn a series of decisions over the last decade, the Supreme Court of the United States altered the classes of inventions that are eligible for patent protection—a body of law called subject matter eligibility. One of the more contentious of these decisions, Alice Corp. versus CLS Bank International (Alice), questioned the patentability of a broad class of inventions involving abstract ideas, particularly in digital technologies. Exploiting a quasinatural experiment, we find that the Alice decision reduced favorable patent eligibility decisions by 31% and significantly and persistently increased legal uncertainty in patent examination by 26% for a broad set of technologies. Our analysis quantifies how legal decisions can limit patent protection and highlights the need for further research on how greater legal uncertainty affects upstream investments supporting invention and downstream innovations fueling growth.

ОПТИМИЗАЦИЯ ПОЛУПЛОСКООВАЛЬНЫХ ГНУТОСВАРНЫХ ПРОФИЛЕЙ ДЛЯ БАЛОЧНЫХ КОНСТРУКЦИЙ.

A new technical solution for semi-flat bent-welded profiles is presented, optimized for bending strength characteristics, the originality of which has been confirmed by patent examination. Rectangular profiles with a ratio of width and height 1/3 along the middle section line served as the basis for their shaping, which ensures maximum strength. As a prototype, semi-flat profiles are assembled on the basis of flat-oval profiles with maximum strength due to the ratio of width and height 1/3.064 along the middle section line. The calculation of the optimal parameters of thin-walled sections using an approximate technique using their average lines, repeatedly tested in solving optimization problems for bent-welded profiles of various shapes and outlines, is presented. A comparative analysis of the design parameters revealed a positive effect of optimized profiles in truss and girder structures, including a reduction in the consumption of structural material, a decrease in stress concentration, and a reduction in building height. The prospects of expanding the scope of their rational use with the addition of pipe-concrete and steel-reinforced concrete structures are indicated.

Patent and Technical Forensic Examination

The article provides recommendations based on the author’s personal experience on conducting patent and technical forensic examination of inventions and utility models. It complements the recently published educational and methodological manual, which highlights the legal norms and practical aspects of patent and technical expertise. The main sections of the article are devoted to the prevention of procedural violations, ensuring the sustainability of conclusions and are accompanied by a number of practical examples.

Patent priority examination under mission orientation: can speed and quality coexist?

Under the backdrop of mission-oriented innovation, the rapid implementation of innovative achievements depends not only on research and development activities, but also on the patent examination process. Striking a balance between improving examination speed and ensuring the quality of granted patents poses a challenge. This paper delineates two pivotal mission categories—grand challenge (climate change) and major emergency (COVID-19), utilizing the conceptual framework of “urgency” that has been constructed. We primarily focus on the impact of the patent priority examination institution on examination period and patent quality under the two missions. Based on data from over 300,000 patents belonging to the fields of vehicle manufacturing and medicine in China, difference-in-differences and survival analysis are used to conduct empirical tests. The research results indicate that under certain missions, both climate change and COVID-19, the “green channel” could shorten the examination period without compromising the quality of authorized patents. Through further analysis, we also find that, patent examination acceleration is mainly manifested by alleviating the authorization lag (rather than publication lag). Additionally, the prioritization institution has changed the impact of applicant characteristics (organizational and country attributes) on the patent examination period.

Intellectual property rights

This paper explores the complex relationship between drug patents and access to medicine, highlighting the implications for public health and innovation. Patents play a crucial role in incentivizing pharmaceutical innovation by granting exclusive rights to inventors for a limited period of time. However, the monopolistic nature of patents can hinder access to essential medicines, especially in developing countries where affordability is a significant barrier. This paper examines the balance between fostering innovation and ensuring affordable access to medication, emphasizing the tension between patent care and public health objectives. Key issues discussed include the impact of patents on drug pricing, the role of generic competition in lowering prices, and the strategies employed by pharmaceutical companies to extend patent protection. The paper also discusses the role of international trade agreements and intellectual property laws in shaping access to medicine, focusing on the flexibilities in compulsory licensing and parallel imports. Through a review of case studies and empirical evidence, this paper evaluates the impact of various policy interventions designed to reconcile patent rights with public health priorities. These include initiatives to promote technology transfer, strengthen generic competition, and enhance regulatory frameworks for patent examination and enforcement. The paper also considers the importance of balancing incentives for innovation with safeguards against abuse. This ensures equitable access to medicines for all.

Exploring Key Machine Learning Technologies and Developments in Photonics from the Perspective of Patent Examiners

Exploring Key Machine Learning Technologies and Developments in Photonics from the Perspective of Patent Examiners

A Program to Improve the Efficiency and Quality of Patent Examination

A Program to Improve the Efficiency and Quality of Patent Examination

Accelerated green patent examination and innovation benefits: An analysis of private economic value and public environmental benefits

The green patent fast-track (GPFT) system is an improvement of the traditional patent examination system in the field of green innovation. Based on the unique perspective of “private provision of public goods,” this paper constructs a framework for the impact of GPFT on the economic value and environmental benefits of green patents. Based on adopting an improved patent renewal model to calculate the economic value of green invention patents, we use a dataset of 278 Chinese cities from 2006 to 2019 and adopt the intensity differences-in-differences model to test the economic and environmental effects of GPFT. Our results suggest that GPFT increases the private economic value of green patents, which is more significant in resource-based and financially developed cities. Furthermore, GPFT improves the economic gains of corporate green patents, but reduces these of public institutions' green patents. Local protectionism cannot be ruled out. The results of the environmental benefits investigation indicate that GPFT suppresses SO2 and CO2 emissions, and the economic effect of GPFT does not crowd out its public environmental benefits; conversely, it has a positive mediating effect in this relationship. This research provides an important reference for other economies to implement or optimize GPFT to stimulate green innovation.

Unveiling patenting strategies of therapeutics and vaccines: evergreening in the context of COVID-19 pandemic.

In the pharmaceutical sector, evergreening is considered a range of practices applied to extend monopoly protection on existing products. Filing several patent applications related to the same active pharmaceutical ingredient (API) is one of the most common manifestations of evergreening. During the COVID-19 pandemic, several health technologies were developed. This study aimed to analyze the extension of evergreening for selected health technologies for SARS-CoV-2 through patent filing strategies. Starting with the selection of three antivirals, one biological and two vaccines, a patent landscape was built based on public and private databases. Regarding these selected technologies, we analyzed some of the evergreening strategies used by different applicants, academic institutions or pharmaceutical companies and found a total of 29 applications (10 after the pandemic) for antivirals, 3 applications for a biological drug (1 after the pandemic), and 41 applications for vaccines (23 after the pandemic). Despite differences among the technologies, a common aspect found in all analyzed cases is the intense patent filing after the pandemic, aligned to the fact that those technologies were moving through the R&D process up to regulatory approval. The evergreening approach pursued has already been found in other diseases, with the risk of monopoly extension and also bringing legal uncertainty due to the lack of transparency of newer patent applications covering specific medical indications. Therefore, efforts to address evergreening should be pursued by countries, including the adoption of a public health approach to the patent examination of those technologies to prevent the granting of undeserved patents.

An eXplainable AI (XAI) model for text-based patent novelty analysis

The technology development cycle continues to accelerate, and novelty analysis is becoming increasingly important for R&D planning as well as in the patent application process. Recently, thanks to significant advances in both text mining and natural language processing, researchers started to look into AI-assisted novelty analysis of technical content including patents. However, existing language models do not take into account the unique characteristics of technical elements in patent documents nor do they provide any explanation of their decisions including which technical elements represent a novelty. Therefore, we developed an eXplainable AI (XAI) model that evaluates novelty, takes into account the claim structure of a patent, and provides an explanation. The proposed framework of an XAI model for patent novelty consists of the following three parts: (1) dataset construction, (2) model architecture, and (3) inference process. The training dataset for patent novelty is constructed using a full-text dataset provided by the European Patent Office (EPO). A self-explainable novelty classification model is proposed and investigated. Using the fitted model, the inference results are then analyzed by extracting patents in the field of vehicle communication networks. The inference process is done by applying the fitted model to patents in the vehicle communication network field and can be expanded to address potential applications. The performance of the proposed model is then verified by comparing it with the results of similar studies. We also discuss practical applications from the perspective of patent examiners and technical planning practitioners. This study involves both an academic contribution that uses a novel approach to technology management via an XAI model and a practical contribution that can be used for patent analysis.

ОПТИМИЗАЦИЯ ФЕРМЕННЫХ КОНСТРУКЦИЙ С ПОЯСАМИ ИЗ ПЛОСКООВАЛЬНЫХ ТРУБ ДЛЯ ТРЕХГРАННЫХ ОПОР

The growing relevance and demand for triangular lattice supports in various engineering structures is noted. A new technical solution of the belt elements of such supports from flat-oval profile pipes is given, the originality of which is confirmed by patent examination. Flat walls and their semi-circular interfaces help to reduce the complexity and costs of faceless assemblies, while maintaining the flowability of open structures made of tubular profiles. The optimization problem with the criterion of equidistance, the same from the plane and in the plane of the lattice, is solved. With a ratio of overall dimensions 1/1,542 along the median line of the design section and a structural eccentricity of 1/4 of the smaller of these dimensions, the plane-oval belt element is not only equally stable, but also 1,11 times tougher than its circular prototype. With another ratio of overall dimensions 1/3,064, when the bearing capacity of the force resistance of the plane-oval pipe to bend is maximum, the belt element with its use is equally stable from the plane and in the plane of the lattice. Such a flat-oval belt is 1,19 times tougher than a round belt due to an increase in the structural eccentricity to 1/1,577 of the smaller of the overall dimensions.

Impartiality at the Patent Office

Social contract is one of the most common schemes for justifying patents. According to this theory, inventors obtain a commercial exclusivity in exchange for the disclosure of the invention, with the final aim of allowing others to use that knowledge in future innovations. Under the rationale of this social contract theory of patents, if a patent system is not guided by impartiality in its decisions, the relation between disclosure of inventions and future innovation becomes an issue, because non-merit factors in patent examination influence the quality of the knowledge disclosed. The aim of this article is to analyse impartiality in patent systems and, by doing so, defend that there is an epistemic side on both impartiality and social contract theory.