SYSTEM FOR DRAFTING A PATENT APPLICATION
Cross Reference to Related Application
[0001] Reference is made to and this application claims priority from and the benefit of U.S. Provisional Application Serial No. 61/309,191, filed March 1, 2010, entitled "PATENT APPLICATION TEMPLATE", which application is incorporated herein in its entirety by reference.
Field of the Invention
[0002] This disclosure relates generally to drafting a patent application and, more specifically, to organizing element numbering.
Background of the Invention
[0003] Drafting a patent application is a structured process that follows general rules. The basic sections of a patent application include, for example, Field of the Disclosure, Background, Summary of the Invention, Brief Description of the Drawings, Detailed Description, Claims, and Abstract. Within the Detailed Description section of the application, a written description of the various embodiments of the invention contains individual elements. The individual elements are numbered to correspond with associated drawings.
[0004] A clean, professional-quality patent application sequentially numbers the patent elements as they appear in the text of the Detailed Description. One example numbering sequence starts at the numeral 10 and proceeds by even numbers (e.g., 10, 12, 14, 16, etc.). In another example, the sequence starts at 100 and proceeds by even numbers (e.g., 100, 102, 104, 106, etc.). One labor-intensive and time-consuming aspect of the patent drafting process is keeping track of the numbering for the elements. During the process of drafting the patent application, paragraphs of text are often moved (e.g., cut and pasted) to different locations in the document, which jumbles the numbering sequence. Manually re-numbering the elements is labor-intensive and adds time to the preparation of the patent application, which adds to the cost of preparation. As there is a general trend towards fixed-fee arrangements in the preparation of a patent application, this manual re-numbering erodes the profit margin sought in a fixed-fee arrangement.
[0005] As additional embodiments of the invention are introduced in the Detailed
Description, the numbering sequence may change to distinguish the embodiments. For example, an apparatus may be numbered 100, 102, 104, 106, etc. in a first embodiment, and numbered 200, 202, 204, etc. in a second embodiment, where like numerals indicate like elements from the previous embodiment. The process of keeping the element numbers sequentially ordered and matched among embodiments is time consuming, even more so when the numbering sequence changes when text is moved to different locations within the document.
[0006] One important aspect of the Claims section is to assure the claim elements are fully disclosed and described in the Detailed Description and Drawings. Therefore, an additional burden is placed on the patent drafter to assure the description of the invention is consistent with the claim elements. This may prove cumbersome if the claim language is revised or redrafted.
[0007] Additionally, the Claims section frequently contains independent and dependent claims. Dependent claims are nested or branched from previous claims. If the previous claim number changes, all the claims dependent from it must properly reference the new claim number. For example, an apparatus may be claimed in an independent claim 10. A claim 11 depends from claim 10, and a claim 12 depends from claim 11. If claim 10 is moved to claim 1, for example at the request of a client, then typically claim 11 becomes claim 2, and claim 12 becomes claim 3. However, the text of the new claim 2 must now reference claim 1, not claim 10, and the text of the new claim 3 must now reference claim 2, not claim 11. As claims are moved around in the Claims section, care must be taken to properly track dependency, as the claims are the legal description of the invention.
[0008] Besides keeping track of element numbering in the Detailed Description, the numbering also must match in the accompanying Drawings section of the patent. Any changes to a numbering sequence in the body of the patent application must also be carried through on the drawing, which further adds time and cost to the preparation of the application..
Summary of the Invention
[0009] Provided herein is a computer system for drafting a patent application document. The computer system includes a processor, a computer-readable memory coupled to the processor, and a computer-readable, tangible storage device coupled to the processor. The computer system further includes program instructions, stored on the storage device for execution by the processor via the memory, to generate a patent element name, to generate a patent element number associated with the patent element name, and to display the patent element name and the patent element number within the document. The patent element number has a unique identifier assigned thereto via the program instructions and is in a predetermined numerical sequence.
Brief Description of the Drawings
[0010] The features described herein can be better understood with reference to the drawings described below. The drawings are not necessarily to scale, emphasis instead generally being placed upon illustrating the principles of the invention. In the drawings, like numerals are used to indicate like parts throughout the various views.
[0011] FIG. 1 schematically illustrates an architecture for implementing one embodiment of the invention;
[0012] FIG. 2 shows a flowchart for drafting a patent application according to one embodiment of the invention;
[0013] FIG. 3 is an exemplary display of a patent elements table of a graphical user interface in accordance with an embodiment of the invention;
[0014] FIG. 4 shows a flow chart for a module of the flowchart of FIG. 2; and
[0015] FIG. 5 is an exemplary display of a leading numbers table of a graphical user interface in accordance with an embodiment of the invention. Detailed Description of the Invention
[0016] One or more embodiments of the invention, or elements thereof, can be implemented in the form of an apparatus including a memory and at least one processor that is coupled to the memory and operative to perform exemplary method steps.
[0017] One or more embodiments can make use of software running on a general purpose computer or workstation. With reference to FIG. 1, such an implementation might employ, for example, a processor 110, a computer-readable memory 112, and an input/output interface formed, for example, by a display 114 and a keyboard 116. The term "processor" as used herein is intended to include any processing device, such as, for example, one that includes a CPU (central processing unit) and/or other forms of processing circuitry. Further, the term "processor" may refer to more than one individual processor. The term "memory" is intended to include memory associated with a processor or CPU, such as, for example, RAM (random access memory), ROM (read only memory), a fixed memory device (for example, hard drive), a removable memory device (for example, diskette), a flash memory and the like. The system further includes a computer-readable, tangible storage device in the form of a database 118 for storing element names, element numbers, claim dependencies, and bookmark numbers. In addition, the phrase "input/output interface" as used herein, is intended to include, for example, one or more mechanisms for inputting data to the processing unit (for example, mouse), and one or more mechanisms for providing results associated with the processing unit (for example, printer). The processor 110, memory 112, and input/output interface such as display 114 and keyboard 116 can be interconnected, for example, via bus 120 as part of a data processing unit 122. Suitable interconnections, for example via bus 120, can also be provided to a network interface 124, such as a network card, which can be provided to interface with a computer network, and to a media interface 126, such as a diskette, CD-ROM drive, or USB flash drive, which can be provided to interface with media 128. In one embodiment of the invention, the system 122 includes a patent application 130 which may reside in memory 112 and be linked to database 118, to be explained in more detail below. [0018] Accordingly, computer software including instructions or code for performing the methodologies of the invention, as described herein, may be stored in one or more of the associated memory devices (for example, ROM, fixed or removable memory) and, when ready to be utilized, loaded in part or in whole (for example, into RAM) and implemented by a CPU. Such software could include, but is not limited to, firmware, resident software, microcode, and the like.
[0019] A data processing system suitable for storing and/or executing program code will include at least one processor 110 coupled directly or indirectly to memory elements 112 through a system bus 120. The memory elements can include local memory employed during actual implementation of the program code, bulk storage, and cache memories which provide temporary storage of at least some program code in order to reduce the number of times code must be retrieved from bulk storage during implementation.
[0020] Input/output or I/O devices (including but not limited to keyboards 116, displays 114, pointing devices, and the like) can be coupled to the system either directly (such as via bus 120) or through intervening I/O controllers (omitted for clarity).
[0021] Network adapters such as network interface 124 may also be coupled to the system to enable the data processing system to become coupled to other data processing systems or remote printers or storage devices through intervening private or public networks. Modems, cable modem and Ethernet cards are just a few of the currently available types of network adapters.
[0022] As used herein, including the claims, a "server" includes a physical data processing system (for example, system 122 as shown in FIG. 1) running a server program. It will be understood that such a physical server may or may not include a display and keyboard.
[0023] As noted, aspects of the present invention may take the form of a computer program product embodied in one or more computer readable medium(s) having computer readable program code embodied thereon. Any combination of one or more computer readable medium(s) may be utilized. The computer readable medium may be a computer readable signal medium or a computer readable storage medium. A computer readable storage medium may be, for example, but not limited to, an electronic, magnetic, optical, electromagnetic, infrared, or semiconductor system, apparatus, or device, or any suitable combination of the foregoing. Media block 128 is a non-limiting example. More specific examples (a non-exhaustive list) of the computer readable storage medium would include the following: an electrical connection having one or more wires, a portable computer diskette, a hard disk, a random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM or Flash memory), an optical fiber, a portable compact disc read-only memory (CD-ROM), an optical storage device, a magnetic storage device, or any suitable combination of the foregoing. In the context of this document, a computer readable storage medium may be any tangible medium that can contain, or store a program for use by or in connection with an instruction execution system, apparatus, or device.
[0024] A computer readable signal medium may include a propagated data signal with computer readable program code embodied therein, for example, in baseband or as part of a carrier wave. Such a propagated signal may take any of a variety of forms, including, but not limited to, electro-magnetic, optical, or any suitable combination thereof. A computer readable signal medium may be any computer readable medium that is not a computer readable storage medium and that can communicate, propagate, or transport a program for use by or in connection with an instruction execution system, apparatus, or device.
[0025] Program code embodied on a computer readable medium may be transmitted using any appropriate medium, including but not limited to wireless, wireline, optical fiber cable, radio frequency (RF), etc., or any suitable combination of the foregoing.
[0026] Computer program code for carrying out operations for aspects of the present invention may be written in any combination of one or more programming languages, including an object oriented programming language such as Visual Basic, Java, Smalltalk, C++ or the like and conventional procedural programming languages, such as the "C" programming language or similar programming languages. The program code may execute entirely on the user's computer, partly on the user's computer, as a stand-alone software package, partly on the user's computer and partly on a remote computer or entirely on the remote computer or server. In the latter scenario, the remote computer may be connected to the user's computer through any type of network, including a local area network (LAN) or a wide area network (WAN), or the connection may be made to an external computer (for example, through the Internet using an Internet Service Provider).
[0027] Aspects of the present invention are described herein with reference to flowchart illustrations and/or block diagrams of methods, apparatus (systems) and computer program products according to embodiments of the invention. It will be understood that each block of the flowchart illustrations and/or block diagrams, and combinations of blocks in the flowchart illustrations and/or block diagrams, can be implemented by computer program instructions. These computer program instructions may be provided to a processor of a general purpose computer, special purpose computer, or other programmable data processing apparatus to produce a machine, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, create means for implementing the functions/acts specified in the flowchart and/or block diagram block or blocks.
[0028] These computer program instructions may also be stored in a computer readable medium that can direct a computer, other programmable data processing apparatus, or other devices to function in a particular manner, such that the instructions stored in the computer readable medium produce an article of manufacture including instructions which implement the function/act specified in the flowchart and/or block diagram block or blocks.
[0029] The computer program instructions may also be loaded onto a computer, other programmable data processing apparatus, or other devices to cause a series of operational steps to be performed on the computer, other programmable apparatus or other devices to produce a computer implemented process such that the instructions which execute on the computer or other programmable apparatus provide processes for implementing the functions/acts specified in the flowchart and/or block diagram block or blocks.
[0030] The flowchart and block diagrams in the figures illustrate the architecture, functionality, and operation of possible implementations of systems, methods and computer program products according to various embodiments of the present invention. In this regard, each block in the flowchart or block diagrams may represent a module, component, segment, or portion of code, which comprises one or more executable instructions for implementing the specified logical function(s). It should also be noted that, in some alternative implementations, the functions noted in the block may occur out of the order noted in the figures. For example, two blocks shown in succession may, in fact, be executed substantially concurrently, or the blocks may sometimes be executed in the reverse order, depending upon the functionality involved. It will also be noted that each block of the block diagrams and/or flowchart illustration, and combinations of blocks in the block diagrams and/or flowchart illustration, can be implemented by special purpose hardware-based systems that perform the specified functions or acts, or combinations of special purpose hardware and computer instructions.
[0031] It should be noted that any of the methods described herein can include an additional step of providing a system comprising distinct software modules embodied on a computer readable storage medium; the modules can include, for example, any or all of the components described herein. The method steps can then be carried out using the distinct software modules and/or sub-modules of the system, as described above, executing on one or more hardware processors 110. Further, a computer program product can include a computer-readable storage medium with code adapted to be implemented to carry out one or more method steps described herein, including the provision of the system with the distinct software modules.
[0032] In any case, it should be understood that the components illustrated herein may be implemented in various forms of hardware, software, or combinations thereof; for example, application specific integrated circuit(s) (ASICS), functional circuitry, one or more appropriately programmed general purpose digital computers with associated memory, and the like. Given the teachings of the invention provided herein, one of ordinary skill in the related art will be able to contemplate other implementations of the components of the invention.
[0033] Referring to FIG. 2, a method for drafting a patent application is shown in conjunction with the apparatus elements from FIG. 1. The method may include a Database Record Creation step 232. The database 118 stores attributes of the patent application 130 such as element names, element numbers, and claim dependencies, for example. In one embodiment, the database is created in a Microsoft Access relational database format. The database 118 may be stand-alone or a subsection of a larger database that stores attributes from all patent applications drafted by the user(s). In one example, a graphical user interface (GUI) is provided to assist the user in creating the database. The database record may be identified by a unique characteristic, such as a docket number.
[0034] The method further includes a Format Document Step 234 wherein a common layout is created for all patent applications. The common layout may format the specific sections of a patent application according to user or client preferences. Specific sections of the application 130 include the Field of the Disclosure, Background, Summary of the Invention, Brief Description of the Drawings, Detailed Description, Claims, and Abstract. Additionally, the header and footer portion can be customized to reflect user preferences. Further, the paragraph numbering convention can be formatted to agree with local Patent Office policies. In one example, a customized format is chosen by the user and saved as a document template. Upon opening the template, a new patent application document is created in the chosen format.
[0035] The method may further include a linking Step 236 to couple the newly created patent application document 130 to the database 118. The linking Step 236 assures that the attributes created during the patent drafting process are mapped only to the relevant portion of the database 118. A linking attribute may be the unique characteristic created for the database, such as the docket number. In one example, the filename of the patent application 130 must begin with the associated docket number or the linking step cannot execute.
[0036] The method may further include a Choose Numbering Step 238 to allow the user to customize the element numbering sequence. Turning briefly to FIG. 3, a GUI screen 340 is illustrated that allows the user to define a numbering scheme by selecting an element base number 342 and a sequencing number 344. In the illustrated example, the element base number 342 is set to "100," meaning that the first element number is 100. Accordingly, the first element, named "housing," has the element number 100. In other examples, the element base number 342 could be 10, 1000, or 1. The sequencing number 344 defines how the element number will sequentially proceed. In the illustrated example, the sequencing number 344 is set to "2," meaning the element numbers will sequentially increase by twos. As can be seen in the element list, the element numbers increase by twos (e.g. , 102, 104, 106). The user may configure the element base number 342 and sequencing number 344 to suit the particular needs of the current patent application draft, then click on "Apply" button.
[0037] The method for drafting a patent application further includes an Element
Naming Step 246. A patent claim is written in accordance with certain legal standards. It describes an apparatus by listing its constituent parts, and describes a method by listing its method steps (e.g. , processes or software-based methods). The patent drawings or figures further describe and detail the constituent parts and methods steps, and support for the drawings is provided by way of the accompanying patent specification. A unique element name is provided for each detail in the drawings, and a reference number, or element number, is assigned to each. As noted above, keeping track of element names and numbers within the specification is an arduous task.
[0038] In one embodiment of the invention, a table 348 is constructed within the database 118 to store a plurality of patent element names 350, corresponding patent element numbers 352, and location information 354 such as bookmark, page number, line number, and column number for each entry. Each element number 352 is assigned a unique identifier 356, such as a bookmark in popular word processing programs. In one example, the element naming step 246 may be carried out within the GUI screen depicted in FIG. 3. The naming step 246 includes entering the element name 350 into the Add Element field 358 and clicking the "Add" button, which causes program instructions to be executed that will enter the data into the table 348.
[0039] In another example, the element naming step 246 may be carried out within the word processing document. An element name may be highlighted and upon entering a keystroke, such as CTRL-4, program instructions are executed that add the highlighted text to the table as a patent element. The element name may be a single word, or a phrase. An element number is also generated for the new patent element corresponding to the numerical sequence chosen by the user in the define numbering step 238.
[0040] In one aspect of the invention, a New Name Decision Step 260 compares the highlighted element name with those names already in table 348. If the element name is unique, e.g., new, a Calculate Element Number Step 262 is executed. The step 262 may comprise scanning down the list of element numbers 352 and creating the next sequential number in the list according to the rules defined in the define numbering step 238. A Create Bookmark Step 264 then adds to the table 348 the unique identifier 356 to pair the element name 350 and element number 352 together. When the element name and number are cited going forward in the application, the cite may simply cross reference the original bookmark. In this manner, if the bookmarked element name or number is subsequently changed, all the cross referenced citations will automatically change with it.
[0041] In some embodiments, the method further includes a Create Autotext Step
266. In some word processing programs, autotext is a feature that allows the user to create a field for a word or phrase that is used often within a document. When the first several characters of the field are subsequently typed within the document, the user is prompted to autocomplete the field. The Create Autotext Step 266 may utilize the mechanics of this feature by creating an autotext field for the element name and number. Thus, when the patent drafter begins to type the name of an element, an autocomplete function may prompt the user to insert the element name and number. This assures consistency and continuity for all cites of the element name, including in the claims. By citing a cross reference to the original bookmark, as explained below, consistency is further assured in the element numbering.
[0042] If the highlighted element name is not unique, as determined by the New
Name Decision Step 260, a new element number is not generated and an Insert Cross Reference Step 268 may be performed. In general, a cross reference refers the reader from one part of the document to another. The cross-references could be entered manually, but as the document is revised, the cross references may need to be updated manually. To alleviate the potential for mistakes, and save time, the cross references may be entered as fields and the copies of the cross reference fields may be subsequently updated. As used herein, a cross reference to each element bookmark 356 may be created comprising the element name 350 and element number 352. Thus, each time the element name 350 is cited in the patent application, the Insert Cross Reference Step 268 inserts a cross reference to the bookmark. In one embodiment of the invention, the modified autotext feature executed in step 266 will prompt the user to autocomplete the cross reference information. At a Display Step 270, the element name and element number are displayed in the document, either as a bookmark or a cross reference.
[0043] In another embodiment of the invention, a cross reference may be inserted into the document from the GUI screen 340. Referring to FIG. 3, an element 350 may be highlighted from the table 348 and by clicking on the Insert button 372 the element name and corresponding number is inserted into the document.
[0044] In another aspect of the invention, the New Name Decision Step 260 not only compares the highlighted element name with those names already in table 348, but also checks if the associated element number is out of sequence with element numbers preceding it. This situation would occur if a portion of text containing the bookmark was cut and pasted to an earlier portion of the document. As a non-limiting example, the description of the "annular seat 114" (FIG. 3) in patent application docket number 123- 4567A may be cut and pasted in the document to a new location between the description of the "support member 102" and the "outer sleeve 104." The element number 114 assigned to the name "annular seat" is now out of sequence. The New Name Decision Step 260 may also scan each element number and, if the sequence is interrupted, may renumber the element numbers 352 to restore proper sequence defined by the rules in the define numbering step 238. In the foregoing example, the updated listing of patent elements would comprise "support member 102," "annular seat 104," and "outer sleeve 106" (not shown). Consequently, the bookmark and autotext functions are updated at steps 264 and 266, respectively, which concurrently updates all cross references to the updated bookmarks. The procedure has the waterfall effect of renumbering all the bookmarks to restore proper sequencing, and updating all cross references to the bookmarks. In this manner, sections of text may be moved around in the document without jumbling the element numbers.
[0045] The New Name Decision Step 260 may also be utilized to rename an element. As shown in the GUI screen 340, an Edit button 374 may execute instructions that enable the user to rename an element. The element name associated with the bookmark is updated at step 264, and all cross references to the bookmark are updated.
[0046] In another aspect of the invention, the Display Step 270 places the patent element name, either when initially inserted or re-inserted by cross reference, outside and one space in front of its bookmark. In other words, only the element number is placed inside the bookmark. This permits the user to alter the element name at any specific location in the document without altering its bookmark element number. In one example from FIG. 3, the element "retainer nut 112" may be altered to read "retainer nuts 112" or "nut 112" without affecting the bookmarked/cross referenced element number.
[0047] In another aspect of the invention, an Altered Names Module 376 may be generated to identify which element names have been altered from the original bookmark name. As may be appreciated, a change to the bookmark will subsequently update cross referenced names, but may not update properly if the names have been altered. The Altered Names display may be configured to allow a user to locate and manually update the altered element names. [0048] In some embodiments, the user may wish add a new element name and number without "waterfall" updating all subsequent element numbers. This situation may occur if the patent application draft and drawings are essentially complete, and a new element needs to be inserted in the middle of the text. Under normal circumstances, the program instructions would update all subsequent element numbers, requiring that the completed drawings also be updated. This may be cost-prohibitive. To alleviate this problem, a Fix Number Module 378 allows the user to define a unique element number and bypass the automatic numbering scheme. Bookmark and subsequent cross referencing functions may still be carried out, but the element number would not update. In some examples, a notation 380 such as an "X" may be graphically displayed on the GUI screen 340 to indicate a fixed number.
[0049] In another aspect of the invention, the cross reference module may be adapted to operate on element numbers (or fields) within electronic files comprising the patent drawings. In one example, a patent application is composed in Microsoft Word® and the accompanying drawings are composed in Microsoft Visio®. The fields containing the element numbers in the Visio document may be cross-referenced to the element number bookmark in the Word document. In this manner, a change in the element numbering sequence in the Word document would be reflected in the Visio document.
[0050] A patent drafter may wish to insert leading numbers (LNs) before element numbers to denote like element numbers of differing embodiments, or like element numbers on different Figures. For example, a patent element with a base number 30 may be expressed in Figure 1 as 130, in Figure 2 as 230, and in Figure 8 as 830. Or, a patent element with a base number 30 may be expressed in a first embodiment as 30, in a second embodiment as 130, and in a third embodiment as 230. In each of these examples, one may characterize the element number as consisting of a root element number (e.g. , 30) and a leading number (1, 2, 8, none, 1, 2, respectively) in front of the root number.
[0051] In one aspect of the invention, the method for drafting a patent application further includes a Generate Leading Number Step 282, or module, shown in greater detail in FIG. 4. Module 282 may include a Designate LNs Step 484 in which the user defines which leading numbers, if any, are to be utilized in the patent application. After compiling a candidate list of leading numbers, the user may select one in particular to be used in the current section of the patent application. The selection may be carried out with the assistance of a GUI comprising a drop down list, in one example. The selected leading number is held in a register until changed by the user. In one example, the user may apply leading numbers to patent element numbers individually, or to all automatically.
[0052] One challenge raised during development of module 282 was how to handle leading numbers when the root element number is less than 10. Suppose a leading number was set to 1, element base number set to 0, sequence number set to 2. The first several element numbers would be 12 (instead of 102), 14, (instead of 104), until the fifth element number 110 was reached. To solve this potential problem, a Calculate LN Prefix Step 486 checks to see if the root element number is less than 10 and, if so, inserts a prefix "0" to the leading number. This technique has the same effect as inserting a leading "0" in front of the root element number. Upon completion of the leading number checks and adjustments, the leading number prefix may be applied to the root element number at an Apply LN Prefix Step 488.
[0053] An implementation of the Apply LN Prefix Step 488 may be better appreciated with reference to FIG. 5, wherein the base leading number (selected in step 484) is "2." However, in the illustrated example the total number of elements exceeds 99, so leading number prefixes must be added to the leading number 2. The effect of step 488 is to display cathode support member 2004, nozzle 2008. spray gun 2Q12, and outer sleeve 2042. Higher-number, extrapolated elements may include 2102 for element 102 in the series. In this example, the leading numbers have been sin le -underlined, leading number prefixes, if required, are doubled underlined and the root element number is not underlined.
[0054] Another challenge raised during development of module 282 was the scenario wherein the root element number exceeds 99. Suppose a leading number was set to 1, element base number set to 0, sequence number set to 2. The first element number in the sequence would be 102. After the 49 element (e.g. , element 198), the next number in the sequence for the 50th element would be 1100 (base number 100 with a leading number 1), which does not agree with the rules established for the particular sequencing. Therefore, in one embodiment of the invention an Element Size Decision Step 490 scans through the list of root element numbers and, if the next number in the sequence results in a value greater than 100, the user is prompted and may elect to increase the relative size of the element number by one digit. In the example above, an affirmative election to increase the size of the element number at step 490 would result in the first element being updated from 102 to 1002 (at Update LN Step 492), the 49th element being updated to 1098, and the 50th element would be updated to 1100. The new values are recorded in the database and shown in the document at a Track/Display Step 494, thus closing out the Generate Leading Number module 282.
[0055] The techniques depicted in FIG. 1 can also, as described herein, provide a system, wherein the system includes distinct software modules, each of the distinct software modules being embodied on a tangible computer-readable recordable storage medium. The distinct software modules can include, for example, a Element Naming module 246, a Calculate Element Number module 262, and a Generate Leading Number module 282 executing on a hardware processor.
[0056] Additionally, the techniques depicted in FIG. 1 can be implemented via a computer program product that can include computer useable program code that is stored in a computer readable storage medium in a data processing system, and wherein the computer useable program code was downloaded over a network from a remote data processing system. Also, in one or more embodiments of the invention, the computer program product can include computer useable program code that is stored in a computer readable storage medium in a server data processing system, and wherein the computer useable program code are downloaded over a network to a remote data processing system for use in a computer readable storage medium with the remote system. Additionally, in one or more embodiments of the invention, parts of the software can be local, remote or a mixture of the two, and also can be pre-installed or downloaded on demand. [0057] As will be appreciated by one skilled in the art, aspects of the present invention may be embodied as a system, method or computer program product. Accordingly, aspects of the present invention may take the form of an entirely hardware embodiment, an entirely software embodiment (including firmware, resident software, micro-code, etc.) or an embodiment combining software and hardware aspects that may all generally be referred to herein as a "circuit," "module" or "system." Furthermore, aspects of the present invention may take the form of a computer program product embodied in one or more computer readable medium(s) having computer readable program code embodied thereon.
[0058] One of the improvements of the present disclosure is that a time-savings may be realized in the preparation of a patent application. The patent drafter does not have to book keep element names and numbers, and does not have to spend time revising element numbers when new ones are added or text is copied and pasted. The time savings directly translates into monetary savings, as the profit margin increases.
[0059] Another improvement of the present disclosure is that greater accuracy is achieved in the element naming and numbering. By consistently naming elements, and not duplicating element numbers for different names, a more concise patent application results that is less likely to be challenged in litigation.
[0060] A sample of systems and methods that are described herein follows:
[0061] A computer program product for drafting a patent application, the computer program product comprising:
a computer readable storage medium;
first program instructions to generate a patent element name;
second program instructions to generate a patent element number associated with the patent element name, the patent element number having a unique identifier assigned thereto via the program instructions and being in a predetermined numerical sequence; third program instructions to display the patent element name and the patent element number within the document; and wherein first, second, and third program instructions are stored on the computer readable storage medium.
[0062] The computer program product of paragraph [0061], further comprising fourth program instructions stored on the computer readable storage medium to decide if the patent element name is original and, if not, insert a cross reference to the original patent element name.
[0063] The computer program product of paragraph [0062], wherein the cross reference comprises the patent element name and the patent element number.
[0064] The computer program product of paragraph [0061], wherein the unique identifier is a bookmark.
[0065] The computer program product of paragraph [0061], further comprising fifth program instructions stored on the computer readable storage medium to generate a leading number in front of the patent element number.
[0066] The computer program product of paragraph [0065], further comprising fifth program instructions stored on the computer readable storage medium to decide if a root element number is less than 10 and, if so, insert a prefix "0" to the leading number.
[0067] The computer program product of paragraph [0065], further comprising fifth program instructions stored on the computer readable storage medium to decide if the next patent element number in the predetermined numerical sequence results in a value greater than 100 and, if so, increasing the relative size of the patent element number.
[0068] The computer program product of paragraph [0061], wherein the predetermined numerical sequence is determined by selecting a patent element base number and a sequencing number.
[0069] The computer program product of paragraph [0061], wherein the patent element name is generated by highlighting the text in the patent application document and entering a keystroke. [0070] The computer program product of paragraph [0069], wherein the keystroke is CTRL-4.
[0071] The computer program product of paragraph [0061], wherein the patent element name is generated through a graphical user interface outside the patent application document.
[0072] The computer program product of paragraph [0071], wherein wherein the graphical user interface allows for the patent element name to be typed into a field.
[0073] The computer program product of paragraph [0061], further comprising sixth program instructions stored on the computer readable storage medium to create an autotext field for the patent element name.
[0074] The computer program product of paragraph [0073], wherein the autotext field further comprises the patent element number.
[0075] The computer program product of paragraph [0074], wherein the patent element number is a cross reference to a unique identifier.
[0076] The computer program product of paragraph [0061], further comprising seventh program instructions stored on the computer readable storage medium to create a database record comprising the patent element name and associated patent element number.
[0077] The computer program product of paragraph [0076], wherein the database record further comprises location information for the patent element name and associated patent element number.
[0078] The computer program product of paragraph [0077], wherein the location information is a bookmark.
[0079] The computer program product of paragraph [0061], further comprising eighth program instructions stored on the computer readable storage medium to link the patent application document in memory to the tangible storage device via a linking attribute.
[0080] The computer program product of paragraph [0079], wherein the linking attribute is a patent application docket number.
[0081] A method for drafting a patent application, comprising the steps of: generating a patent element name;
generating a patent element number associated with the patent element name, the patent element number having a unique identifier assigned thereto via the program instructions and being in a predetermined numerical sequence; and
displaying the patent element name and the patent element number within the document.
[0082] The method of paragraph [0081], further comprising the step of deciding if the patent element name is original and, if not, inserting a cross reference to the original patent element name.
[0083] The method of paragraph [0082], wherein the cross reference comprises the patent element name and the patent element number.
[0084] The method of paragraph [0081], wherein the unique identifier is a bookmark.
[0085] The method of paragraph [0081], further comprising the step of generating a leading number in front of the patent element number.
[0086] The method of paragraph [0085], further comprising the step of deciding if a root element number is less than 10 and, if so, inserting a prefix "0" to the leading number.
[0087] The method of paragraph [0085], further comprising the step of deciding if the next patent element number in the predetermined numerical sequence results in a value greater than 100 and, if so, increasing the relative size of the patent element number. [0088] The method of paragraph [0081], wherein the predetermined numerical sequence is determined by selecting a patent element base number and a sequencing number.
[0089] The method of paragraph [0081], wherein the patent element name is generated by highlighting the text in the patent application document and entering a keystroke.
[0090] The method of paragraph [0089], wherein the keystroke is CTRL-4.
[0091] The method of paragraph [0081], wherein the patent element name is generated through a graphical user interface outside the patent application document.
[0092] The method of paragraph [0091], wherein the graphical user interface allows for the patent element name to be typed into a field.
[0093] The method of paragraph [0081], further comprising the step of creating an auto text field for the patent element name.
[0094] The method of paragraph [0093], wherein the autotext field further comprises the patent element number.
[0095] The method of paragraph [0094], wherein the patent element number is a cross reference to a unique identifier.
[0096] The method of paragraph [0081], further comprising the step of creating a database record comprising the patent element name and associated patent element number.
[0097] The method of paragraph [0096], wherein the database record further comprises location information for the patent element name and associated patent element number.
[0098] The method of paragraph [0097], wherein the location information is a bookmark. [0099] The method of paragraph [0081], further comprising the step of linking the patent application document in memory to the tangible storage device via a linking attribute.
[00100] The method of paragraph [0099], wherein the linking attribute is a patent application docket number.
[00101] While the present invention has been described with reference to a number of specific embodiments, it will be understood that the true spirit and scope of the invention should be determined only with respect to claims that can be supported by the present specification. Further, while in numerous cases herein wherein systems and apparatuses and methods are described as having a certain number of elements it will be understood that such systems, apparatuses and methods can be practiced with fewer than the mentioned certain number of elements. Also, while a number of particular embodiments have been described, it will be understood that features and aspects that have been described with reference to each particular embodiment can be used with each remaining particularly described embodiment.