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Measuring the drafting alignment of patent documents using text mining

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  • Davit Khachatryan
  • Brigitte Muehlmann

Abstract

How would an inventor, entrepreneur, investor, or patent examiner quantify the extent to which the inventive claims listed in a patent document align with patent specification? Since a specification that is poorly aligned with the inventive claims can render an invention unpatentable and can invalidate an already issued patent, an effective measure of alignment is necessary. We define a novel measure of drafting alignment using Latent Dirichlet Allocation (LDA). The measure is defined for each patent document by first identifying the latent topics underlying the claims and the specification, and then using the Hellinger distance to find the proximity between the topical coverages. We demonstrate the use of the novel measure for data processing patent documents related to cybersecurity. The properties of the proposed measure are further investigated using exploratory data analysis, and it is shown that generally alignment is positively associated with the prior patenting efforts as well as the tendency to include figures in a document.

Suggested Citation

  • Davit Khachatryan & Brigitte Muehlmann, 2020. "Measuring the drafting alignment of patent documents using text mining," PLOS ONE, Public Library of Science, vol. 15(7), pages 1-20, July.
  • Handle: RePEc:plo:pone00:0234618
    DOI: 10.1371/journal.pone.0234618
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    References listed on IDEAS

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    1. Adam B. Jaffe & Josh Lerner, 2006. "Innovation and its Discontents," NBER Chapters, in: Innovation Policy and the Economy, Volume 6, pages 27-66, National Bureau of Economic Research, Inc.
    2. Graham, Stuart J.H. & Hall, Bronwyn H. & Harhoff, Dietmar & Mowery, David C., 2002. "Post-Issue Patent “Quality Control:” A Comparative Study of US Patent Re-examinations and European Patent Oppositions," Department of Economics, Working Paper Series qt7931q79x, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
    3. Grün, Bettina & Hornik, Kurt, 2011. "topicmodels: An R Package for Fitting Topic Models," Journal of Statistical Software, Foundation for Open Access Statistics, vol. 40(i13).
    4. Lemley, Mark, 2000. "Rational Ignorance at the Patent Office," Berkeley Olin Program in Law & Economics, Working Paper Series qt1tc166q2, Berkeley Olin Program in Law & Economics.
    5. Strumsky, Deborah & Lobo, José, 2015. "Identifying the sources of technological novelty in the process of invention," Research Policy, Elsevier, vol. 44(8), pages 1445-1461.
    6. Stuart J.H. Graham & Alan C. Marco & Richard Miller, 2018. "The USPTO Patent Examination Research Dataset: A window on patent processing," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 27(3), pages 554-578, September.
    7. Ljungqvist, Alexander & Farre-Mensa, Joan & Hegde, Deepak, 2016. "The Bright Side of Patents," CEPR Discussion Papers 11091, C.E.P.R. Discussion Papers.
    8. Ronald J. Mann & Marian Underweiser, 2012. "A New Look at Patent Quality: Relating Patent Prosecution to Validity," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(1), pages 1-32, March.
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    Cited by:

    1. Sangsung Park & Seongyong Choi & Sunghae Jun, 2021. "Bayesian Structure Learning and Visualization for Technology Analysis," Sustainability, MDPI, vol. 13(14), pages 1-16, July.

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