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Author Topic: Patent Law Process-Step Automation Inquiry  (Read 418 times)

IPprettycolors

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Patent Law Process-Step Automation Inquiry
« on: 02-12-18 at 04:29 pm »

Hello!

I'm a current law student in the early stages of writing a research paper on potentially-automatable patent prosecution and litigation steps. I'm going to describe current inefficiencies and explain how software solutions might address those inefficiencies. I'm hoping members of this forum might provide me with patent prosecution (or litigation) process-steps that should be addressed first. I've got some software-development in my educational background and I've studied patent law in law school.

The first-draft of the abstract for the paper is as follows:

Policy foundations for United States patent law center on incentivizing innovation. Society deems innovation beneficial, and patent law seeks to encourage innovation by granting inventors exclusive rights over their novel inventions. Yet, procedural delays at the core of patent law often result in obsolescence of patented technology before exclusive rights are obtained by inventors. These lengthy patent procedures include, but are not limited to, the following: application drafting, application filing, application examination, prior art searching, issuance, registration, valuation, and litigation. Each of these areas are ripe with opportunities for software development-based legal-service automation. Broadly speaking, automation can benefit inventors, patent examiners, and patent lawyers by reducing costs for obtaining patents, decreasing patent-issuance lead times, and increasing patent accessibility. First, this article sets forth some of the specific processes that most conveniently lend themselves toward increased efficiency brought on by software solutions. Then, it proposes summaries of potential means by which to automate these process-inefficiencies.

Any recommendations you may provide would be greatly appreciated!!
« Last Edit: 02-12-18 at 04:33 pm by IPprettycolors »
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Toot Aps Esroh

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Re: Patent Law Process-Step Automation Inquiry
« Reply #1 on: 02-13-18 at 07:30 pm »

I'm not sure what can be automated.  Drafting takes little time (i.e., is not a large contributor to the problem you seek to solve), filing takes no time (same).  Examination can be lengthy particularly in art units with too much work, but I don't know what automation can be done there.  Prior art searching itself is not time consuming nor is issuance (formatting/printing seldom take more than a few weeks now).  I'm not sure what you mean by "registration" unless you mean assignment recordation, but that's painless and quick.  As to valuation, there are already apps for that.  Not sure of their value add, though.  No idea how automation can take the time grind out of federal district court litigation.  Good luck on your paper.  Is the professor an experienced patent professional?

And if you'll forgive the presumption, since you offered the abstract I'll suggest some edits. 



The Ppolicy foundations for of United States patent law centers on incentivizing innovation. Society deems innovation beneficial, and patent law seeks to encourage innovation by granting inventors exclusive rights over in [or "to"] their novel inventions.  [aren't inventions novel?]  Yet, procedural delays at the core of patent law often [suggest "may", "can" or "sometimes" vs. "often" unless you've got real proof to say "often"] result in obsolescence of patentedable technology [you can't call it "patented technology" if your complaint is that it not - yet - patented] before exclusive rights are obtained by inventors. These lengthy patent procedures include, but are not limited to, the following: application drafting, application filing, application examination, prior art searching, issuance, registration, valuation, and litigation. Each of these areas are is ["each" is usually considered to take a singular verb] ripe rife [ripe means "mature"; rife means "gotsa lotsa"] with opportunities for software development-based legal-service automation. Broadly speaking, automation can benefit inventors, patent examiners, and patent lawyers by reducing costs for obtaining patents, decreasing patent-issuance lead times, and increasing patent accessibility. First, this article sets forth some of the specific processes that most conveniently lend themselves toward to increased efficiency brought on by via software solutions. Then, it proposes summaries of potential means by which to automate these process-inefficiencies.

Any recommendations you may provide would be greatly appreciated!!


P.S. like the screen name.  Sounds like what happens after you eat the deep red version of dragonfruit.
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