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Advancing patent law with generative AI: Human-in-the-loop systems for AI-assisted drafting, prior art search, and multimodal IP protection

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-02-11 DOI: 10.1016/j.wpi.2025.102341

Luong Vu Bui

Generative AI and Large Language Models (LLMs) are transforming patent law by automating complex tasks that traditionally demand significant legal and technical expertise. This paper examines AI-assisted systems designed to enhance patent drafting, prior art searches, and multimodal intellectual property (IP) protection. Human-in-the-Loop (HITL) frameworks play a crucial role in ensuring that AI-generated outputs remain accurate, legally compliant, and ethically sound, augmenting human expertise rather than replacing it.

We evaluate the applicability of LLMs such as GPT-4, Claude, and Gemini for patent-related tasks, highlighting their advantages and limitations. The study also explores critical challenges, including GDPR compliance, issues of interpretability, and the impact of outdated training data. Furthermore, strategies to mitigate AI-generated “hallucinations” and optimize prompt engineering for patent-specific applications are discussed. A comparative analysis of industry-leading platforms like Google Patents, PatSnap, and LexisNexis illustrates how AI tools are being integrated into patent workflows.

The paper provides both theoretical insights and practical recommendations for integrating AI into legal systems. By addressing the technical and ethical implications of AI-generated inventions, the study underscores the importance of transparency, accountability, and robust human oversight. This research aims to guide the seamless integration of AI technologies into patent law, promoting efficiency, accuracy, and compliance in an increasingly complex innovation landscape.

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引用次数: 0

Analysis of patentability factors and its impact on claim protection and prosecution timelines for pharmaceutical patents

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-01-22 DOI: 10.1016/j.wpi.2025.102334

Jyosna Devi Ravula , Ramakrishna Nirogi , Manthan D. Janodia

The pharmaceutical industry faces unique challenges in patent prosecution due to the broad scope of innovations that patents cover. Navigating the patent prosecution process is arduous due to various factors, including its inherent complexity and the potential for patentability rejections. The study developed a new dataset containing the Orange Book listed patents based on USFDA calendar year 2020 approvals. It aimed to analyze the patent prosecution process, specifically examining the severity of office action rejections through the patent rejection severity scale and their impact on prosecution timelines. Out of 437 patents, the claim scope significantly changed for 322 (65 primary and 257 secondary) during prosecution. The results indicated that the obviousness rejections occurred more frequently for secondary patents, with a rate of 72.76 % (187/257), compared to primary patents with 33.85 % (22/65). Further analysis revealed a strong association between the severity of office action rejections and the number of office actions (p-value of 0.0036) and prosecution time (p-value of 0.0008) for secondary patents. The study also emphasized the necessity of implementing various strategies and the use of experimental data to mitigate patentability rejections and circumvent prosecution delays. This information could provide practical insights to patent practitioners dealing with rejections.

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引用次数: 0

Evaluating application of large language models to biomedical patent claim generation

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-01-21 DOI: 10.1016/j.wpi.2025.102339

Feng-Chi Chen , Chia-Lin Pan , AIPlux Development Team

Automatic patent claim generation is an emerging application of large language models (LLMs). However, the performances of general-purpose LLMs in this regard remain unclear. Here we empirically evaluate the effectiveness of four different LLMs (two from the LLaMA-2 family and two from the Mistral family) in generating biomedical patent claims. This allows comparisons between LLMs with different sizes and architectures. We show that these open-source LLMs fail to produce correctly styled patent claims despite their reported strengths in natural language tasks. Nevertheless, given selected training data and adequate fine-tuning, even relatively small LLMs can yield high-quality, correctly styled patent claims. Notably, one limitation of LLMs is that they lack the creativity and insights of human drafters. For such a professional task as claim drafting, LLMs should be considered as a digital assistant that requires human oversight.

引用次数: 0

Innovations in response to the COVID-19 pandemic: The role of non-profit and public institutions

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-01-21 DOI: 10.1016/j.wpi.2025.102340

José Alberto Solis-Navarrete

The global pandemic caused by COVID-19 has devastated health, the economy, and overall well-being. However, scientific research and technological advancements have played a crucial role in reducing vulnerability to the disease, mainly through the development and distribution of vaccines. This paper explores potential innovations arising from the pandemic, focusing on patent analysis related to COVID-19, particularly from non-profit and public institutions. This research has identified over seven thousand patents granted for medical preparations, vaccine development compounds, and diagnostic, preventative, and treatment instruments, with the United States, China, and India leading in their production. Non-profit and public institutions in Brazil, France, China, and South Korea have also contributed to developing potential innovations. The study highlights the need for a comprehensive global and regional analysis of patents related to COVID-19, regardless of their type, sector of origin, or application. This research can guide academia and public policy in fostering innovation for present and future health challenges by exploring the role and potential of public and non-profit institutions in generating social innovations.

由 COVID-19 引起的全球大流行对健康、经济和整体福祉造成了严重破坏。然而，科学研究和技术进步在降低疾病易感性方面发挥了至关重要的作用，主要是通过疫苗的开发和分发。本文重点分析了与 COVID-19 相关的专利，尤其是来自非营利机构和公共机构的专利，探讨了这一流行病可能带来的创新。研究发现，美国、中国和印度在医疗制剂、疫苗开发化合物以及诊断、预防和治疗仪器方面的专利授权超过七千项，其中美国居首位。巴西、法国、中国和韩国的非营利机构和公共机构也为开发潜在创新做出了贡献。本研究强调了对 COVID-19 相关专利进行全球和地区综合分析的必要性，无论其类型、来源部门或应用情况如何。这项研究可以指导学术界和公共政策，通过探索公共和非营利机构在产生社会创新方面的作用和潜力，促进创新，以应对当前和未来的健康挑战。

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引用次数: 0

A new indicator to evaluate the quality of patent claims of additive manufacturing applicants in the US and EP

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-01-20 DOI: 10.1016/j.wpi.2025.102335

Kuo-tsan Liu, Wenchuan Chang

The quality of patent application claims determines a patent's scope of protection and legal value. This study defines a new indicator based on claims structure to measure claim coverage, evaluate individual patents, and compare the strengths and weaknesses of competitors' patent portfolios in additive manufacturing technology. The new indicator's credibility is verified by comparing literature indicators.

Claim drafting is highly influenced by the official fees and legal regulations of national patent offices. Seven main additive manufacturing companies were selected to investigate their claim drafting strategies when applying for European patents while claiming priority in the United States. The indicators are shown on 2D maps of individual patents and patent portfolios. The ATT indicator is defined by independent claims representing attack strength, the DEF indicator is defined by dependent claims representing defense ability, and the TOT indicator is the sum of both. These indicators also represent the technical value of the patented invention, because more claims can be drafted for an invention with a wider range of technologies or more embodiments. 3D Systems and Stratasys make good use of domestic claim regulations to obtain higher patent values in the United States and Europe while minimizing fees.

专利申请权利要求的质量决定了专利的保护范围和法律价值。本研究定义了一个基于权利要求结构的新指标，用于衡量权利要求的覆盖范围、评估单个专利以及比较竞争对手在增材制造技术领域专利组合的优劣。权利要求的撰写受国家专利局官方收费和法律规定的影响很大。我们选取了七家主要的增材制造公司，调查它们在申请欧洲专利时的权利要求撰写策略，以及在美国申请优先权时的权利要求撰写策略。这些指标显示在单个专利和专利组合的二维地图上。ATT 指标由代表攻击强度的独立权利要求定义，DEF 指标由代表防御能力的从属权利要求定义，而 TOT 指标则是两者的总和。这些指标也代表了专利发明的技术价值，因为一项发明的技术范围更广或实施方式更多，就可以起草更多的权利要求。3D Systems 和 Stratasys 充分利用国内权利要求法规，在美国和欧洲获得了更高的专利价值，同时将费用降到最低。

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引用次数: 0

Knowledge production in technological innovation system: A comprehensive evaluation using a multi-criteria framework based on patent data—a case study on hydrogen storage

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-01-17 DOI: 10.1016/j.wpi.2025.102337

Marina Flamand , Vincent Frigant , Stéphane Miollan

Knowledge production activity is central within a technological innovation system. The number of patent applications is commonly used to evaluate this activity. However, it is subject to bias and inaccurate evaluations can occur. This article proposes a multi-criteria framework based on seven complementary patent indicators, taking into account the persistence, commitment, and coherence of knowledge production activities for a more comprehensive evaluation. We demonstrate the value of our proposal through a case study on hydrogen storage, comparing patent data since 2000 about three technological solutions: physical, chemical and adsorption technologies. Our framework clearly shows that physical hydrogen storage is the most advanced in terms of knowledge production, despite not having the highest number of patent applications.

引用次数: 0

Anti-acne cosmetics and cosmeceutical patentometric profile 抗痤疮化妆品和化妆品专利计量学简介

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-01-16 DOI: 10.1016/j.wpi.2025.102338

Natália Maria Borges Ladeira , Zípora Morgana Quinteiro dos Santos , Ronise Suzuki , Alan de Souza , Marcelo Gomes Speziali

This study delves into acne vulgaris, a chronic skin condition, marked by inflammation within the pilosebaceous unit. The significant economic burden of acne treatment is reflected in a burgeoning market poised for further expansion. Through patentometric analysis, aiming to identify technological trends, the research underscores the critical role of this method in identifying strategic opportunities within the anti-acne cosmetics and cosmeceuticals domain, pointing out China, the USA, South Korea, and Japan as pivotal in creating and consuming anti-acne technologies. The patent data reveals a pronounced focus on medicine and pharmacology, especially those derived from plant and animal sources. Patent applications have declined post-2017 suggesting shifts in research and development priorities and challenges in pioneering effective products. The applicants' temporal analysis and S-curve reflect the sector's maturity and growth trajectory. Despite the significant economic and societal burden of acne vulgaris, there is a lack of comprehensive studies that integrate patentometric insights with strategic market analysis, particularly focusing on the evolving trends in anti-acne technologies. This study includes the competitiveness indicators provided for the top companies worldwide. These indicators (e.g. patenting activity, technological share, average patent quality, patent strength, etc.) showed the strategic positioning of those actors. Ultimately, the paper proposes that the insights garnered could serve as a foundation for strategic allocation of financial and innovative efforts, underlining the need for advancements in treating acne vulgaris, a condition currently lacking a definitive cure.

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引用次数: 0

Literature listing

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2025-01-10 DOI: 10.1016/j.wpi.2025.102336

Susan Bates

Welcome to the latest quarterly Literature Listing intended as a current awareness service for readers indicating newly published books, journal, and conference articles on IP management; Information Retrieval Techniques; Patent Landscapes; Education & Certification; and Legal & Intellectual Property Office Matters. The current Literature Listing was compiled mid-November 2024. Key resources include Scopus, Digital Commons, publishers' RSS feeds, and serendipity! This article gives a selection of interesting references to whet your appetite - the full list of references can be found in the companion datafile.

引用次数: 0

Relative technological diversification measure using patent data: Analysis of firms’ strategies in the Fast Moving Consumer Goods (FMCG) sector

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2024-12-24 DOI: 10.1016/j.wpi.2024.102333

Katsuyuki Kaneko , Yuya Kajikawa

Technological diversification of firms is an essential research topic as it has significant effects on their performance. However, we still lack consistent results whether the diversification has positive effects. We focus on the relevance of its measures as one of the causes of the inconsistency. This study aims to develop a technological diversification measure by including relativity of firms' technological portfolio, because major conventional methods, e.g., Herfindahl–Hirschmann Index and entropy, consider only one firm's absolute portfolio. We analyzed each firm's relative position from a common core of the industrial technologies for four global major firms in Fast Moving Consumer Goods sector. The product set of International Patent Classification (IPC) among them was defined as the core of industrial technology. We quantified firms' chronical shifts from there, and compared them with those by conventional methods. The proposed measure clarified the firms' relative positions in a manner that conventional ones cannot identify. The firms' qualitative information supported the validity of the observations. Our approach can take more IPC data into account, less affected by the largest number of IPC, which are among its advantages; it further allows for analysis from new aspects that complement the conventional “absolute technological portfolio” measures.

企业的技术多元化是一个重要的研究课题，因为它对企业的绩效有重大影响。然而，我们仍然缺乏关于多元化是否具有积极影响的一致结果。我们将重点放在衡量标准的相关性上，这是造成不一致的原因之一。由于赫芬达尔-赫希曼指数（Herfindahl-Hirschmann Index）和熵（entropy）等主要传统方法只考虑一家公司的绝对技术组合，本研究旨在开发一种包含公司技术组合相对性的技术多元化衡量方法。我们从快速消费品行业四家全球主要公司的共同核心产业技术出发，分析了每家公司的相对地位。它们之间的国际专利分类（IPC）产品集被定义为产业技术核心。在此基础上，我们对企业的时序转移进行了量化，并与传统方法进行了比较。所提出的衡量标准明确了企业的相对位置，这是传统方法所无法识别的。企业的定性信息支持了观察结果的有效性。我们的方法可以考虑更多的 IPC 数据，较少受到 IPC 数量最多的影响，这是它的优势之一；它还允许从新的方面进行分析，补充了传统的 "绝对技术组合 "衡量方法。

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引用次数: 0

A novel approach to measuring the scope of patent claims based on probabilities obtained from (large) language models 基于从（大型）语言模型中获得的概率来衡量专利权利要求范围的新方法

IF 2.2 Q2 INFORMATION SCIENCE & LIBRARY SCIENCE

World Patent Information

Pub Date : 2024-11-12 DOI: 10.1016/j.wpi.2024.102321

Sébastien Ragot

This work proposes to measure the scope of a patent claim as the reciprocal of self-information contained in this claim. Self-information is calculated based on a probability of occurrence of the claim, where this probability is obtained from a language model. Grounded in information theory, this approach is based on the assumption that an unlikely concept is more informative than a usual concept, insofar as it is more surprising. In turn, the more surprising the information required to define the claim, the narrower its scope. Seven language models are considered, ranging from simplest models (each word or character has an identical probability) to intermediate models (based on average word or character frequencies), to large language models (LLMs) such as GPT2 and davinci-002. Remarkably, when using the simplest language models to compute the probabilities, the scope becomes proportional to the reciprocal of the number of words or characters involved in the claim, a metric already used in previous works. Application is made to multiple series of patent claims directed to distinct inventions, where each series consists of a set of claims having a gradually decreasing scope. The performance of the language models is then assessed through several ad hoc tests. The LLMs outperform models based on word and character frequencies, which themselves outdo the simplest models based on word or character counts. Interestingly, however, the character count appears to be a more reliable indicator than the word count.

这项工作提出用权利要求中包含的自我信息的倒数来衡量专利权利要求的范围。自信息的计算基于权利要求出现的概率，而这种概率是从语言模型中获得的。这种方法以信息论为基础，假定不可能出现的概念比通常的概念更具信息性，因为它更令人吃惊。反过来，定义索赔所需的信息越令人惊讶，其范围就越窄。我们考虑了七种语言模型，从最简单的模型（每个单词或字符具有相同的概率）到中间模型（基于单词或字符的平均频率），再到大型语言模型（LLMs），如 GPT2 和 davinci-002。值得注意的是，在使用最简单的语言模型计算概率时，范围与权利要求中涉及的单词或字符数量的倒数成正比，而这一指标在以前的工作中已经使用过。该方法适用于针对不同发明的多个系列的专利权利要求，每个系列由一组范围逐渐缩小的权利要求组成。语言模型的性能随后通过几项特别测试进行了评估。LLMs 的表现优于基于单词和字符频率的模型，而后者本身又优于基于单词或字符计数的最简单模型。但有趣的是，字符数似乎是比字数更可靠的指标。

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