Envisioned Use-Cases For The Implementation of AI in the IP Prosecution

AI has touched every sector and heated up the traditional ways of how mankind utilizes resources, and there’s no match for the revolution that burst out of the volcanic evolution of Artificial Intelligence. Today creativity is at its peak as the whole world’s intelligence is now an algorithmic factor making critical decisions that might need several years of experience for e.g. prosecuting patents etc.

Outlining the patent prosecution will vitally involve interactions between representatives of the patent applicant and the patent office. Lighting up the various procedures that are involved with a prosecution process as it can be a pre-grant prosecution, which involves negotiations with the patent office for the grant of a patent. Steps like preparation of an application, searching for similar art, examination to determine the novel features and/or abandonment in case of discovering the existence of valid prior arts are followed and schematically documented. Other is a post-grant prosecution, which involves issues such as amendments or opposition that are invoked after the grant of a patent. Post-grant proceedings can lead to Opposition; Reissue, reexamination and interference, etc.

Such varied steps involve various phases that open up spaces where there is a scope for AI to ease things out such as the manual practice of searching is time-consuming and is costly, requires manual labour and focus. The large volume of data that the examiner has to go through for analysis.

 Artificial Intelligence Aiding Prosecution

Artificial intelligence is defined as the concept of automatic computing of the hardware or the automatic decision making capability of the hardware from the data that is being fed to it. AI creates a system where analysis becomes smarter, quicker and more insightful with each and every step.

Various other child technologies emerge from AI such as machine learning which in near future will be manifested as a prominent technology. Rooted in biologically inspired methods involving vector machines, machine learning is distinctive from other classes of technology.

Lately, AI has a noticeable impact on science, businesses and private life, such as in medicines, automatic driving, chat-bots etc. Witnessing the changing scenario artificial intelligence will shape itself to the extent that it will become hard to differentiate it from human behaviour/intelligence. Thus, artificial intelligence can be a prominent factor in reorienting the patent prosecution system.

Below are the stats showing the recent trend of the patents filed related to implementing AI in various technologies in various countries. Evidently concluding that invention sheds all boundaries.

More and more inventions are popping out contributing to a large database of prior art available for examining and analyzing by examiners, thus it becomes difficult for an examiner to do an exhaustive prior art search. Artificial Intelligence can help the examiner to escalate the prosecution process and to perform a detailed and thorough prior art search and also saves time which he/she can utilize for other areas of work. The automation of prosecution leads to strong and relevant prior arts within a blink of an eye.

Lately, USPTO and EPO are focused on automating patent prosecution. AI tools are empowering the process of finding prior arts directing the prosecution in a much more streamed way. Many other Patent offices across the globe are working on the use of Artificial Intelligence (AI) and Machine Learning (ML) in the administration at the patent offices.

Various tools have emerged aiding critical hard-work of patent lawyers as well as the patent examiners by automatically analyzing drafted patent applications and providing comments and suggestions about novelty, antecedent basis, claim support, term consistency, strategies and art units etc. Deploying AI provides the examiners and attorneys with an intelligent template to create office actions and responses.

Envisioned Use-Cases

AI-Based Patentability Determination

With the cosmic amount of ideas getting into the public domain every second, the inventors and applicants are mostly uncertain about the novelty of their ideas or in which direction they should pursue their research. A.I. tools like Novelty Checker of XLPAT could enlighten the applicants about the status of the technology in the domain by providing patented as well as non-patented literature.

AI-Based Examiner Analysis – Strategy Making

AI wowed the world with its analysis of human behaviours, actions, choices and could predict decisions and even the human thinking processes. A statistical analysis of the examiner’s behaviour could give an edge to the applicants to create a guide map for the initiation strategies.

AI-Based Patent Drafting and Proof-Reading

With every proceeding step, A.I is there with a sigh of relief, once the applicants are certain about the concept and a novel idea. Reincarnation of the idea into a full-fledge patent is manifested with the help of A.I tools for drafting provisional and/or non-provisional. Further laborious work like proofreading to counter the rejections on the antecedent basis is done in a blink of an eye.

AI-Based Contextual Analysis

 Once the prosecution initiates, it generates a collision wave of interpretations of the application filed with the prior arts provided by the examiner. Now here is the time when even the most experienced attorneys brainstorm and a plentiful time that could be mitigated with AI tools that draw a crystal cut clear line of differences and even similarities between subject matter and the prior arts for strategies that promise the grant in the court.  

AI-Based Drafting of Office Actions Responses

AI & ML can be used to automate the generation of shells that outline the rejections in the examination report which need to be overcome. Even proposing the strategies, in court can be taken care of with predefined formats to file in various jurisdiction. All the documented necessities are considered along with the office actions and their responses. The strategies are well articulated to cater to rejections pointed by the examiner based on historical cases and objections.

AI-Based Claim Amendments considering Novelty & Future Infringements

AI can identify the elements in the specifications provided in the document and comparatively map them along with the products available in the market so that those identified elements could be incorporated in the claims for a potential infringement law-suite. Also, AI-based analysis may identify embodiments in the subject matter that are not claimed but have novelty and may be considered for claim amendments or continuation applications.

AI-Based Docketing & Automating Administrative Tasks

 AI and ML can also be used to automate the IP administrative and repetitive tasks and can help you to make smart and informed decisions. For example, AI & ML can automate IP docketing, patent renewals, generation of annuity fee forecasts, foreign filing deadline reminders, filing services, reminders regarding PCT national stage entries, cost estimations, cost projections, etc.

Final Thoughts

A huge scope is sought with the ever-increasing data such diverse nature and added complexity due to languages and other sophisticated encryptions and structures. AI is being analogous to “superman” from krypton to do such analysis and create powerful insights from an ocean of databases and making it possible for a single person to do a quick and rock-solid analysis that would otherwise be sought as work of multiple lifetimes. A saying claim that the future is a mystery, however in the case of AI it will not be much surprising as it is making impossible things into reality.

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