CN108022120A - A kind of computational methods and device of utility model patent value - Google Patents

A kind of computational methods and device of utility model patent value Download PDF

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CN108022120A
CN108022120A CN201610957480.XA CN201610957480A CN108022120A CN 108022120 A CN108022120 A CN 108022120A CN 201610957480 A CN201610957480 A CN 201610957480A CN 108022120 A CN108022120 A CN 108022120A
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information
value
validity
utility
score value
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不公告发明人
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Xi'an Science And Technology Market Innovation Cloud Service Ltd By Share Ltd
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Xi'an Science And Technology Market Innovation Cloud Service Ltd By Share Ltd
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Abstract

The embodiment of the present invention provides a kind of utility model patent value calculation method and apparatus, obtains the validity information and other relevant informations of utility model patent to be calculated, and the relevant information includes：Law relevant information, citation information, remaining period of validity, patent families information, claim item number information, rights protection scope characterization information；Determine whether the patent is effective according to the validity information；When determining that the patent is effective, the corresponding score value of the various information of the acquisition is determined with the correspondence of score value according to the content of various information in the default relevant information；The value of the algorithm calculating patent is worth according to the correspondence score value of the various information, the corresponding default weighted value of the various information and utility model patent.By the scheme of the embodiment of the present invention, it can solve the problems, such as to need manually participation, subjective and time-consuming expense artificial present in existing scheme.

Description

A kind of computational methods and device of utility model patent value
Technical field
The present invention relates to data processing field, more particularly to a kind of utility model patent value calculation method and apparatus.
Background technology
With the continuous development of socio-economic activity, Chinese Enterprise is made the transition from " made in China " to " Chinese intelligence is made ", And the power-assisted to make the transition will derive from the continuous autonomous innovation of enterprise, during enterprise constantly brings forth new ideas, will necessarily be formed substantial amounts of Intellectual property, applies for a patent and is also more received as a kind of important way of enterprise's protection intellectual property by enterprise.With Chinese patent protection system is kept reforming, and patent protection dynamics is more and more stronger, and patent is as a kind of technology ridge authorized in accordance with the law Disconnected right, including the patentee of enterprise and natural person, investor etc. become more concerned with patent value.To owner of a patent For, if it is possible to the patent possessed it carries out effective value assessment, and patentee can combine itself research and development feature, In view of patent right maintenance cost, a collection of patent is selectively shifted, transfers the possession of or abandoned；Or to that will provide funds to transfer the possession of, permit The value of patent make reasonable judge, with reference to own patent strategy, specify the disposal options of next stage new granted patent.To throwing Provide for people, if it is possible to carry out effective value assessment to the patent that will invest, investor can be to that will invest Patent makes rationally judgement and decision-making, is conducive to market both sides and is formed to valency and cooperative relationship steady in a long-term.
Evaluation to patent value is a global problem, and how to crack this problem is always to be concerned about with educational circles in the industry Hot spot.In October, 2012, Chinese technology business are write and are published《Patent value analysis indexes system》, which employs Three action values such as legal value degree, technological value degree, economic value degree carry out comprehensive consideration patent value, both can be according to certain Weight joint account patent value degree, three independent Value degree can also be divided into and consider patent value respectively.At present, it is existing Patent value computational methods all derive from the system, however, there are problems with currently existing scheme：Expert is needed manually to comment Estimate, evaluation index marking highly dependent upon expert's experience, assessment result of calculation it is subjective and it is time-consuming take it is artificial.
The content of the invention
The present invention provides a kind of utility model patent value calculation method and apparatus, by obtaining patent to be calculated automatically Every relevant information calculate patent value, can solve to need present in existing scheme manually participation, subjectivity compared with It is strong and time-consuming take the problem of artificial.
To solve the above-mentioned problems, the embodiment of the present invention provides a kind of utility model patent value calculation method, including：
The validity information and other relevant informations of utility model patent to be calculated are obtained, the relevant information includes：Method Restrain relevant information, citation information, remaining period of validity, patent families information, claim item number information, rights protection scope table Reference ceases；
Determine whether the patent is effective according to the validity information；
When determining that the patent is effective, according to the content of various information and pair of score value in the default relevant information It should be related to the correspondence score value of the various information of the definite acquisition；
According to the correspondence score value of the various information, the corresponding default weighted value of the various information and utility model Patent value algorithm calculates the value of the patent.
Optionally,
The citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claims Line number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, be No live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity.
Optionally, the utility model patent value algorithm is：
PVD=A1*W1×(A2*W2+A3*W3+A4*W4+A5*W5+A6*W6)/10；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the score value of the rights protection scope characterization information；
W1、W2、W3、W4、W5、W6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the weight of the rights protection scope characterization information.
Optionally, the codomain of the corresponding score value of various information is [0,10] in the relevant information；All kinds of letters The codomain for ceasing corresponding default weight is [0,1].
Optionally, W1Value is 1, W2、W3、W4、W5、W6Value be respectively：0.25、0.2、0.25、0.15、0.15.
The embodiment of the present invention provides a kind of utility model patent value calculation device, including：
Acquisition module, for obtaining the validity information and other relevant informations of utility model patent to be calculated, the phase Closing information includes：Law relevant information, citation information, remaining period of validity, patent families information, claim item number information, Rights protection scope characterization information；
First determining module, for determining whether the patent is effective according to the validity information；
Second determining module, for when first determining module determines that the patent is effective, according to default described The content of various information determines the corresponding score value of the various information of the acquisition with the correspondence of score value in relevant information；
Processing module, for the correspondence score value according to the various information, the corresponding default weighted value of the various information, And utility model patent value algorithm calculates the value of the patent.
Optionally,
The citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claims Line number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, be No live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity.
Optionally, the utility model patent value algorithm is：
PVD=A1*W1×(A2*W2+A3*W3+A4*W4+A5*W5+A6*W6)/10；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the score value of the rights protection scope characterization information；
W1、W2、W3、W4、W5、W6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the weight of the rights protection scope characterization information.
Optionally, the codomain of the corresponding score value of various information is [0,10] in the relevant information；All kinds of letters The codomain for ceasing corresponding default weight is [0,1].
Optionally, W1Value is 1, W2、W3、W4、W5、W6Value be respectively：0.25、0.2、0.25、0.15、0.15.
The embodiment of the present invention provides a kind of utility model patent value calculation method and apparatus, obtains utility model to be calculated The validity information and other relevant informations of patent, the relevant information include：Law relevant information, citation information, residue have Imitate time limit, patent families information, claim item number information, rights protection scope characterization information；According to the validity information Determine whether the patent is effective；When determining that the patent is effective, according to various information in the default relevant information Content determines the corresponding score value of the various information of the acquisition with the correspondence of score value；According to pair of the various information The corresponding default weighted value of score value, the various information and utility model patent is answered to be worth the valency that algorithm calculates the patent Value.By the scheme of the embodiment of the present invention, every relevant information of patent to be calculated can be obtained automatically and combines preset algorithm To calculate patent value, it can solve to need manually participation, subjective and time-consuming expense artificial present in existing scheme The problem of.
Other features and advantages of the present invention will be illustrated in the following description, also, partly becomes from specification Obtain it is clear that or being understood by implementing the present invention.The purpose of the present invention and other advantages can be by specification, rights Specifically noted structure is realized and obtained in claim and attached drawing.
Brief description of the drawings
Attached drawing is used for providing further understanding technical solution of the present invention, and a part for constitution instruction, with this The embodiment of application is used to explain technical scheme together, does not form the limitation to technical solution of the present invention.
Fig. 1 is a kind of flow diagram of utility model patent value calculation method provided in an embodiment of the present invention；
Fig. 2 is a kind of structure diagram of utility model patent value calculation device provided in an embodiment of the present invention.
Embodiment
Technical scheme is described in detail below in conjunction with accompanying drawings and embodiments.
If it should be noted that not conflicting, each feature in the embodiment of the present invention and embodiment can be tied mutually Close, within protection scope of the present invention.In addition, though logical order is shown in flow charts, but in some situations Under, can be with the steps shown or described are performed in an order that is different from the one herein.
The embodiment of the present invention provides a kind of utility model patent value calculation method, as shown in Figure 1, including：
S110, the validity information and other relevant informations for obtaining utility model patent to be calculated, the relevant information bag Include：Law relevant information, citation information, remaining period of validity, patent families information, claim item number information, rights protection Scope characterization information.
Optionally, the citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claims Line number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, be No live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity.
Specifically, at present, the relevant information of above-mentioned patent to be calculated can be provided in existing patent retrieval analysis software In various information.Can be by the relevant information of software grabs patent to be calculated in the embodiment of the present invention, or can also be The extraction relevant information is processed to patent data with reference to existing patent retrieval analysis software designed, designed algorithm.More specifically , those skilled in the art are referred to existing patent retrieval analysis system and understand, emphasis of the invention does not lie in this, therefore Do not repeat.
Optionally, the codomain of the corresponding score value of various information is [0,10] in the relevant information；All kinds of letters The codomain for ceasing corresponding default weight is [0,1].
S120, according to the validity information determine whether the patent is effective.
Specifically, validity information includes：Effectively, it is invalid, it is invalid including：It is invalid to be deactivated claimant.
S130, when determining that the patent is effective, according to the content of various information in the default relevant information with point The correspondence of value determines the correspondence score value of the various information of the acquisition.
It is used to store the correspondence specifically, a database can be preset in system, is preserved in the database The correspondence of the content of various information and score value in the relevant information, then getting patents to be calculated The correspondence score value of various information can be determined after various information according to foregoing correspondence.
Optionally, when determining that the patent is invalid, due to thinking it from beginning to end i.e. for invalidated patent in Patent Law It is not present, therefore, scheme provided in an embodiment of the present invention does not calculate invalidated patent its value.
S140, correspondence score value, the corresponding default weighted value of the various information and practicality according to the various information New patent value algorithm calculates the value of the patent.
Optionally, the utility model patent value algorithm is：
PVD=A1*W1×(A2*W2+A3*W3+A4*W4+A5*W5+A6*W6)/10；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the score value of the rights protection scope characterization information；
W1、W2、W3、W4、W5、W6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the weight of the rights protection scope characterization information.
Optionally, W1Value is 1, W2、W3、W4、W5、W6Value be respectively：0.25、0.2、0.25、0.15、0.15.
Exemplary, the corresponding default weight of the various information can also be stored in system in default database Value, correspondence score value, corresponding default weight value and above-mentioned algorithm then in conjunction with the S130 various informations determined can To calculate patent value score value, it is worth mentioning at this point that, the value for the patent being calculated according to above-mentioned algorithm is ten point system Score value, the embodiment of the present invention are not limited to calculate the score value of the ten point system of patent, can also uniformly be multiplied by a multiple and expand For the scoring results of other point of type processed.
A kind of utility model patent value calculation method provided in an embodiment of the present invention, obtains each of patent to be calculated automatically Item relevant information simultaneously combines preset algorithm to calculate patent value, can solve to need manually to join present in existing scheme With, it is subjective and time-consuming take the problem of artificial.
In order to enable those skilled in the art that technical solution provided in an embodiment of the present invention is more clearly understood, below Illustrated by detailed implementation example：
Implement example
In this implementation example, the first correspondence of the particular content to the various information in the relevant information of patent and score value It is illustrated：
Law relevant information：It is divided into 5 points substantially for the utility model patent of mandate, if counting on utility model patent Live through review, it is invalid be either related to lawsuit still maintain effective state or live through pledge or live through license or experience Transfer is crossed, then 3-5 points of score value increase, is unified for 5 points of increase in this example.
It is cited information：Basic score value is 6 points；The citation number of patent is more than 5, and score value increases by 2 points, when citation number is not more than 5 Not bonus point also not deduction；It is cited number and is more than 5, score value increases by 2 points, is cited when number is not more than 5 not bonus point also not deduction.
Remaining period of validity：It is also more that remaining period of validity refers to that a granted patent is counted from the current calculating score value time The prolonged protection period.For the remaining period of validity of a patent, it is set as follows in this implementation example, is specifically shown in table 1 below：
Patent families information：Quantity of the same clan is that the score value of 0 patent is set as 4 points；If a patent has the 1-3 parts same Race's patent, then score value be respectively set as 5 points, 6 points, 7 points；If the quantity for the patent families that a patent has is not less than 4, score value It is set as 8 points.If the patent families of a patent is authorized in other countries, 1-2 points of score value increase, unites in this example One is 2 points of increase.
Claim item number information：Basic score value is 4 points；When independent claims item number is 2-4, score value increases by 2 points； Not bonus point also not deduction during dependent claims 0-2；During dependent claims 3-6, score value increases by 1 point；Appurtenance will When asking more than 6, score value is further added by 2 points.
Rights protection scope characterization information：Basic score value is 5 points；Technical characteristic quantity is less than 20 in independent claims A, score value increases by 2 points, not bonus point also not deduction during more than 20；Independent claims line number is less than 15 rows, and score value increases by 2 points, Not bonus point also not deduction during more than 15 row；Independent claims number of words is no more than 400 words, and score value increases by 1 point, more than 400 words not Bonus point also not deduction.
Below by taking a utility model patent as an example, to utility model patent value calculation side provided in an embodiment of the present invention Method illustrates.
Assuming that get the validity information of the patent, law relevant information, citation information, remaining period of validity, of the same clan Patent information, claim item number information, rights protection scope characterization information；The validity information of the patent be it is effective, then Determine that the corresponding score value of foregoing various information is respectively A according to the particular content of other above-mentioned foregoing various informations1=5 points, A2= 6 points, A3=7 points, A4=6 points, A5=6 points, A6=7 points.
The utility model patent is worth algorithm：
PVD=A1*W1×(A2*W2+A3*W3+A4*W4+A5*W5+A6*W6)/10；
Wherein, W1=1, W2=0.25, W3=0.2, W4=0.25, W5=0.15, W6=0.15.
Then the value quantity of the utility model patent is：
PVD=5*1 × (6*0.25+7*0.2+6*0.25+6*0.15+7*0.15)/10=3.2
The embodiment of the present invention provides a kind of utility model patent computing device 10, as shown in Fig. 2, including：
Acquisition module 11, it is described for obtaining the validity information and other relevant informations of utility model patent to be calculated Relevant information includes：Law relevant information, citation information, remaining period of validity, patent families information, claim item number letter Breath, rights protection scope characterization information；
First determining module 12, for determining whether the patent is effective according to the validity information；
Second determining module 13, for when first determining module determines that the patent is effective, according to default institute State corresponding point that the content of various information in relevant information determines the various information of the acquisition with the correspondence of score value Value；
Processing module 14, for the correspondence score value according to the various information, the corresponding default weight of the various information Value and utility model patent value algorithm calculate the value of the patent.
Optionally,
The citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claims Line number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, be No live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity.
Optionally, the utility model patent value algorithm is：
PVD=A1*W1×(A2*W2+A3*W3+A4*W4+A5*W5+A6*W6)/10；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the score value of the rights protection scope characterization information；
W1、W2、W3、W4、W5、W6The law relevant information, the citation information, the remaining term of validity are represented respectively Limit, the patent families information, the claim item number information, the weight of the rights protection scope characterization information.
Optionally, the codomain of the corresponding score value of various information is [0,10] in the relevant information；All kinds of letters The codomain for ceasing corresponding default weight is [0,1].
Optionally, W1Value is 1, W2、W3、W4、W5、W6Value be respectively：0.25、0.2、0.25、0.15、0.15.
On the device in above-described embodiment, wherein modules perform the concrete mode of operation in related this method Embodiment in be described in detail, explanation will be not set forth in detail herein.
A kind of utility model patent value calculation device provided in an embodiment of the present invention, obtains each of patent to be calculated automatically Item relevant information simultaneously combines preset algorithm to calculate patent value, can solve to need manually to join present in existing scheme With, it is subjective and time-consuming take the problem of artificial.
Device embodiment described above is only schematical, for example, the division of module, is only a kind of logic work( It can divide, can there is other dividing mode when actually realizing.It is another, the mutual connection of shown or discussed module It can be by some interfaces, can be electrical, machinery or other forms.The modules can be or can not also It is physically separate, may or may not be physical location.Part therein can be selected according to the actual needs Or whole modules realize the purpose of this embodiment scheme.
In addition, each function module in each embodiment of the present invention can be integrated in a processing module, can also That the independent physics of modules includes, can also two or more modules be integrated in a module.Above-mentioned integrated mould Block can both be realized in the form of hardware, can also be realized in the form of hardware adds software function module.
The above-mentioned integrated module realized in the form of SFU software functional unit, can be stored in one and computer-readable deposit In storage media.Above-mentioned software function module is stored in a storage medium, including some instructions are used so that a computer Equipment (can be personal computer, server, or network equipment etc.) performs the portion of each embodiment the method for the present invention Step by step.And foregoing storage medium includes：USB flash disk, mobile hard disk, read-only storage (Read-Only Memory, ROM), with Machine access memory (Random Access Memory, RAM), magnetic disc or CD etc. are various can be with Jie of store program codes Matter.
The above description is merely a specific embodiment, but protection scope of the present invention is not limited thereto, any Those familiar with the art the invention discloses technical scope in, change or replacement can be readily occurred in, should all be contained Cover within protection scope of the present invention.Therefore, protection scope of the present invention should be based on the protection scope of the described claims.

Claims (10)

  1. A kind of 1. utility model patent value calculation method, it is characterised in that including：
    The validity information and other relevant informations of utility model patent to be calculated are obtained, the relevant information includes：Law phase Close information, citation information, remaining period of validity, patent families information, claim item number information, rights protection scope characterization letter Breath；
    Determine whether the patent is effective according to the validity information；
    When determining that the patent is effective, closed according to the content of various information in the default relevant information is corresponding with score value System determines the correspondence score value of the various information of the acquisition；
    According to the correspondence score value of the various information, the corresponding default weighted value of the various information and utility model patent It is worth the value that algorithm calculates the patent.
  2. 2. according to the method described in claim 1, it is characterized in that,
    The citation information includes：The citation number of the patent, the patent are cited number；
    The claim item number information includes：Independent claims item number, dependent claims item number；
    The rights protection scope characterization information includes：Technical characteristic quantity in independent claims, independent claims line number, Independent claims number of words；
    The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, whether pass through Went through and pledge, whether live through transfer, whether live through license；
    The patent families information includes：Patent families quantity, patent families right validity.
  3. 3. according to the method described in claim 1, it is characterized in that, utility model patent value algorithm is：
    PVD=A1*W1×(A2*W2+A3*W3+A4*W4+A5*W5+A6*W6)/10；
    Wherein, PVD represents the value of the patent；
    A1、A2、A3、A4、A5、A6The law relevant information, the citation information, the remaining period of validity, institute are represented respectively State patent families information, the claim item number information, the score value of the rights protection scope characterization information；
    W1、W2、W3、W4、W5、W6The law relevant information, the citation information, the remaining period of validity, institute are represented respectively State patent families information, the claim item number information, the weight of the rights protection scope characterization information.
  4. 4. method according to any one of claims 1 to 3, it is characterised in that various information corresponds in the relevant information The codomain of score value be [0,10]；The codomain of the corresponding default weight of the various information is [0,1].
  5. 5. according to the method described in claim 4, it is characterized in that, W1Value is 1, W2、W3、W4、W5、W6Value be respectively： 0.25、0.2、0.25、0.15、0.15。
  6. A kind of 6. utility model patent value calculation device, it is characterised in that including：
    Acquisition module, for obtaining the validity information and other relevant informations of utility model patent to be calculated, the related letter Breath includes：Law relevant information, citation information, remaining period of validity, patent families information, claim item number information, right Protection domain characterization information；
    First determining module, for determining whether the patent is effective according to the validity information；
    Second determining module, for when first determining module determines that the patent is effective, according to the default correlation The content of various information determines the corresponding score value of the various information of the acquisition with the correspondence of score value in information；
    Processing module, for the correspondence score value according to the various information, the corresponding default weighted value of the various information and Utility model patent value algorithm calculates the value of the patent.
  7. 7. device according to claim 6, it is characterised in that
    The citation information includes：The citation number of the patent, the patent are cited number；
    The claim item number information includes：Independent claims item number, dependent claims item number；
    The rights protection scope characterization information includes：Technical characteristic quantity in independent claims, independent claims line number, Independent claims number of words；
    The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, whether pass through Went through and pledge, whether live through transfer, whether live through license；
    The patent families information includes：Patent families quantity, patent families right validity.
  8. 8. device according to claim 6, it is characterised in that the utility model patent is worth algorithm and is：
    PVD=A1*W1×(A2*W2+A3*W3+A4*W4+A5*W5+A6*W6)/10；
    Wherein, PVD represents the value of the patent；
    A1、A2、A3、A4、A5、A6The law relevant information, the citation information, the remaining period of validity, institute are represented respectively State patent families information, the claim item number information, the score value of the rights protection scope characterization information；
    W1、W2、W3、W4、W5、W6The law relevant information, the citation information, the remaining period of validity, institute are represented respectively State patent families information, the claim item number information, the weight of the rights protection scope characterization information.
  9. 9. according to claim 6 to 8 any one of them device, it is characterised in that various information corresponds in the relevant information The codomain of score value be [0,10]；The codomain of the corresponding default weight of the various information is [0,1].
  10. 10. device according to claim 9, it is characterised in that W1Value is 1, W2、W3、W4、W5、W6Value be respectively： 0.25、0.2、0.25、0.15、0.15。
CN201610957480.XA 2016-11-03 2016-11-03 A kind of computational methods and device of utility model patent value Pending CN108022120A (en)

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Application publication date: 20180511