Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Yeshiva Academic Ins...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Research Policy
Article . 2022 . Peer-reviewed
License: CC BY NC ND
Data sources: Crossref
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Research Policy
Article
License: CC BY NC ND
Data sources: UnpayWall
SSRN Electronic Journal
Article . 2019 . Peer-reviewed
Data sources: Crossref
versions View all 2 versions
addClaim

Modeling Patent Clarity

Authors: Ashtor, Jonathan H.;

Modeling Patent Clarity

Abstract

Abstract This study uses machine learning techniques to model patent claim clarity and analyze how clarity relates to important patent policy objectives. Specifically, machine learning models are trained on a dataset of over 600,000 U.S. patent applications that were (or were not) rejected for indefiniteness, a proxy for claim clarity, using features based on the linguistic attributes of each application. The model is then applied to over 2 million issued patents and their corresponding applications, deriving estimates of the clarity of each patent's claim set at application and issuance. First, the properties of claim clarity and its relationship with the patent examination process are studied. Wordiness and repetitiveness corresponds to reduced clarity, whereas more descriptiveness whereas clearer claims tend to be more descriptive. Clarity also changes during patent examination, indicating that patent office policies may affect claim clarity. Next, the relationship between claim clarity and cumulative innovation is studied. Clear patents are found to receive more citations by applicants of unrelated future patents, a key indicator of cumulative innovation. However, unclear patents tend to receive more examiner citations, particularly in later years, and the technological relevance of examiner citations also tends to decline over time. This raises important questions about the role of late-stage examiner citations in the patent examination process, which are framed for future research. Finally, this study evaluates the impact of the U.S. Supreme Court's Nautilus v. Biosig decision, which sought to improve patent claim clarity. A difference-in-difference analysis of applications examined under the old versus new standard is conducted to evaluate the causal effect of Nautilus on the claims of patents filed under the old standard but examined under the new standard. This reveals a significant improvement in patent claim clarity post-Nautilus.

Country
United States
Related Organizations
Keywords

machine learning techniques, 330, Nautilus v. Biosig, late-stage examiner citations, patent claim clarity

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    19
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
19
Top 10%
Top 10%
Average
Green
hybrid