WO2019028623A1

WO2019028623A1 - Preliminary determining method for patentability of technical solution

Info

Publication number: WO2019028623A1
Application number: PCT/CN2017/096289
Authority: WO
Inventors: 万忠凯
Original assignee: 深圳益强信息科技有限公司
Priority date: 2017-08-07
Filing date: 2017-08-07
Publication date: 2019-02-14

Abstract

A preliminary determining method for the patentability of a technical solution, comprising: inputting a date or acquiring a system date, and inputting a technical solution to be determined (S1); decomposing the technical solution into elements and relationships among the elements (S2); translating the elements and the relationships among the elements into various languages (S3); searching for published information in a database for the elements and the relationships among the elements (S5); determining whether the elements and the relationships among the elements correspond one-to-one to elements and relationships among the elements of a technical solution in the published information before the date in the database(S6); and outputting a first search report if it is found that the elements and the relationships among the elements correspond one-to-one to those of the technical solution in the published information before the date in the database; otherwise, outputting a second search report according to the elements and the relationships among the elements if the elements and the relationships among the elements do not correspond one-to-one to those of the technical solution in the published information before the date (S7). The present invention can quickly determine whether a technical solution to be determined is preliminarily patentable.

Description

A preliminary method for judging the patentability of a technical solution

Technical field

The invention relates to the field of enterprise intellectual property management, in particular to a preliminary judgment method for patentability of a technical solution.

Background technique

Since the patent application has certain professionalism, and the small and micro enterprises do not have corresponding patent talents, the judgment on the patentability of the technical solution to be applied can only be submitted to the patent agency, so it takes a lot of time and money.

In view of the above drawbacks, it is necessary to provide a preliminary judgment method for the patentability of the technical solution to overcome the above drawbacks.

Summary of the invention

The object of the present invention is to provide a preliminary method for judging patentability of a technical solution, which can quickly determine whether a technical solution to be judged is initially patentable.

The object of the invention is achieved by the following technical solutions:

A preliminary method for judging patentability of a technical solution, comprising the following steps:

Enter the date or get the system date;

Enter the technical solution to be judged;

Decompose the technical solution into the relationship between the elements and the elements;

Translate the relationship between the above elements and elements into various languages;

Providing a database module for obtaining information publicly available in countries all over the world;

Query the relationship between features and features in the database for public information;

Whether the relationship between the elements and the elements is one-to-one with the relationship between the elements and elements of a technical solution in the publicly available information of the database before the date;

The first search report is output when the relationship between the queryed elements and the elements is one-to-one corresponding to a technical solution in the published information of the database before the date;

When the relationship between the elements and the elements cannot be in one-to-one correspondence with a technical solution in the publicly available information of the database before the date, the second search report is output according to the relationship between the elements and the elements;

The reference file displayed by the second search report is arranged according to the frequency of occurrence of the technical solution elements to be determined and the relationship between the elements.

Further, the second search report marks the location where the referenced technical solution occurrence element and the relationship between the elements appear.

Further, the element also includes the modification of the element itself and its subordinate concepts.

Further, the element also includes synonyms for the elements and their subordinate concepts, synonyms and common spelling errors.

Further, the relationship between the elements includes a parallel relationship, a bearing relationship, and a causal relationship.

Further, whether the relationship between the determination element and the element is in one-to-one correspondence with the relationship between the elements and elements of a technical solution in the public information before the date, specifically includes: determining whether the element is in public information. A technical solution correspondingly exists. If all the elements of the technical solution to be determined correspond to the technical solution, it is determined whether there is a one-to-one correspondence between the technical solutions and the elements of the technical solution to be determined.

Further, if the first related technology in the technical field in which the technical solution to be determined is located is found at the same time a solution and a second related technical solution in the technical field adjacent to the technical solution to be determined, and using the first related technical solution to compare the judgment result with the technical solution to be determined and adopting the second related technical solution and the If the technical solution to be judged is different from the judgment result of the comparison, the judgment result of the comparison between the first related technical solution and the technical solution to be determined is preferentially adopted.

Further, the first search report and the second search report include preliminary conclusions of the patentability of the technical solution to be determined.

Further, the method further includes: collating the translation result of the relationship between the element and the element with artificial intelligence.

Further, the method further includes: if a relationship between all the elements and the elements in the related public information corresponds to a technical solution, determining that the technical solution to be determined is not patentable, and is in the first The conclusion is given in the search report; if any one of the elements and the relationship between the elements in the related public information does not exist, the technical solution to be judged is initially patentable, and in the second search report This conclusion is given in .

Compared with the prior art, the preliminary method for judging the patentability of a technical solution provided by the present invention has the beneficial effects of being able to quickly determine whether a technical solution to be determined is initially patentable.

DRAWINGS

FIG. 1 is a flowchart of a preliminary method for judging patentability of a technical solution according to an embodiment of the present invention.

FIG. 2 is a flowchart of a preliminary method for judging patentability of a technical solution according to another embodiment of the present invention.

Detailed ways

The present invention will be further described in detail below with reference to the accompanying drawings and specific embodiments. The specific embodiments described in the specification are to be construed as illustrative only and not limiting.

As shown in FIG. 1 , a method for judging patentability of a technical solution according to an embodiment of the present invention includes the following steps:

S1: Enter the date or get the system date and enter the technical solution to be judged. The date may be the date set by the user according to the actual situation, or the date on which the patentability of the technical solution is judged. For example, if the technical solution to be determined is the technical solution of the submitted application, the date of input is the application date of the technical solution; or, if the technical solution to be determined is the technical solution to be patented, the system date is obtained.

S2: Decompose the technical solution into the relationship between elements and elements.

Specifically, the technical solution is decomposed, and various elements and relationships between elements that can affect the patentability of the technical solution are extracted. This element includes the change of the element itself and its subordinate concepts. This element also includes synonyms for the elements and their subordinate concepts, synonyms and common spelling mistakes. The relationship between the elements includes a parallel relationship, a bearing relationship, and a causal relationship. In this embodiment, the technical elements of the technical solution to be determined are marked as A1, A2, A3...An, synonym, synonym and common spelling mistakes and subordinate concepts of the technical element A1 and their synonyms, synonyms and common spellings. The errors are respectively labeled as A11, A12, A13...A1n, and synonyms, synonyms, and common spelling errors of the subordinate concept of the technical element A1 are respectively labeled as a11, a12, a13...a1n, and the relationship between the technical elements is marked as B1. , B2, B3...Bn.

S3: Translate the relationship between the above elements and elements into various languages. The translation process can be The translation module of the door is also carried out by calling a third-party translation tool. The setting of the specific language type can be set according to the applicant's needs. For example, if the applicant mainly wants to apply for a patent for a Korean, Japanese, and Korean country, the element is translated into European languages, Japanese, and Korean.

Further, the method further includes: S8, correcting the translation result of the relationship between the element and the element by using artificial intelligence. The artificial intelligence can be realized by calling a third-party artificial intelligence tool to proofread the translation result through artificial intelligence technology, so as to more accurately retrieve relevant public information.

S4: Provide a database module for obtaining information publicly available in countries around the world. The database module is used to store information published by countries around the world for information inquiry.

S5: Query the relationship between the elements and the elements to query the database for public information. Specifically, the elements and the relationships between the elements in different languages of the world are queried in the database to find relevant public information and/or technical solutions of the technical solution to be judged.

S6: Whether the relationship between the elements and the elements is one-to-one correspondence with the relationship between the elements and elements of a technical solution in the public information before the date.

Specifically, a technical solution for determining whether the element is in the public information corresponds to the existence, and if all the elements of the technical solution to be determined correspond to the technical solution, then determining whether the technical solution exists and is to be determined The relationship between the elements of the technical solution corresponds one-to-one.

Further, if the first related technical solution in the technical field of the technical solution to be determined and the second related technical solution in the technical field adjacent to the technical solution to be determined are found, and the first related technical solution is adopted If the judgment result of the comparison is different from the judgment result of the comparison between the second related technical solution and the technical solution to be determined, the first related technical solution and the technical solution to be determined are preferentially adopted. The result of the comparison.

S7, output a search report.

Specifically, when the relationship between the queryed elements and the elements is in one-to-one correspondence with a technical solution in the published information of the database before the date, the first search report is output; the relationship between the elements and the elements and the database are on the date When one technical solution in the previously disclosed information cannot be one-to-one correspondence, the second search report is output according to the relationship between the elements and the elements; the reference file displayed by the second search report is in accordance with the technical solution elements to be determined and the relationship between the elements. The frequency of occurrences.

Further, if all the elements and the relationship between the elements are corresponding to one technical solution in the related public information, it is determined that the technical solution to be determined is not patentable, and the conclusion is given in the first search report. If any one of the elements and the relationship between the elements does not exist in the related public information, the technical solution to be judged is initially patentable, and the conclusion is given in the second search report.

The present invention is not limited to the description and the embodiments, and thus, the advantages and modifications can be easily made by those skilled in the art, and the spirit and scope of the general concept as defined by the appended claims and equivalents The present invention is not limited to specific details, representative devices, and illustrated examples shown and described herein.

Claims

A preliminary method for judging patentability of a technical solution, characterized in that it comprises the following steps:

Enter the date or get the system date and enter the technical solution to be judged;

Decompose the technical solution into the relationship between the elements and the elements;

Translate the relationship between the above elements and elements into various languages;

Providing a database module for obtaining information publicly available in countries all over the world;

Query the relationship between features and features in the database for public information;

Whether the relationship between the elements and the elements is one-to-one with the relationship between the elements and elements of a technical solution in the publicly available information of the database before the date;

The first search report is output when the relationship between the queryed elements and the elements is one-to-one corresponding to a technical solution in the published information of the database before the date;

When the relationship between the elements and the elements cannot be in one-to-one correspondence with a technical solution in the publicly available information of the database before the date, the second search report is output according to the relationship between the elements and the elements;

The reference file displayed by the second search report is arranged according to the frequency of occurrence of the technical solution elements to be determined and the relationship between the elements.
The method for judging the patentability of the technical solution according to claim 1, wherein the second search report marks a position at which the referenced technical solution occurrence element and the relationship between the elements appear.
The method for judging the patentability of the technical solution according to claim 2 is characterized in that: This element includes the change of the element itself and its subordinate concepts.
The method for judging the patentability of the technical solution according to claim 3 is characterized in that the element also includes synonymous words, synonyms and common spelling errors of the element and its subordinate concept.
The method for judging the patentability of the technical solution according to claim 2 is characterized in that the relationship between the elements includes a parallel relationship, a bearing relationship, and a causal relationship.
The method for judging the patentability of the technical solution according to claim 1, characterized in that: the relationship between the determination elements and the elements and the elements and elements of a technical solution in the database disclosed before the date Whether the relationship is one-to-one correspondence includes: a technical solution for judging whether the element is in the public information, and if all the elements of the technical solution to be determined correspond to the technical solution, then determining the technical solution Whether there is a one-to-one correspondence between the elements of the technical solution to be judged.
The method for judging the patentability of the technical solution according to claim 6 is characterized in that: the first related technical solution in the technical field in which the technical solution to be determined is located and the adjacent technical field of the technical solution to be determined are simultaneously found The second related technical solution, and the comparison result of the comparison between the first related technical solution and the technical solution to be determined is different from the comparison result by using the second related technical solution and the technical solution to be determined Then, the judgment result of the comparison between the first related technical solution and the technical solution to be determined is preferentially adopted.
The method for judging the patentability of the technical solution according to claim 6 or 7, wherein the first search report and the second search report include preliminary conclusions on the patentability of the technical solution to be determined.
The method for judging the patentability of the technical solution according to claim 1 is characterized in that: the method further comprises: collating the translation result of the relationship between the element and the element by artificial intelligence.
The method for judging the patentability of the technical solution according to claim 6, wherein the method further comprises: if a relationship between all the elements and the elements is corresponding to a technical solution in the related public information, Determining that the technical solution to be judged is not patentable, and the conclusion is given in the first search report; if any one of the elements and the relationship between the elements does not exist in a related technical solution, the judgment is The technical solution to be judged is initially patentable, and the conclusion is given in the second search report.