JP4899028B2 - Patent application document creation / application examination support system - Google Patents

Description

  The present invention relates to a technology for supporting the creation of claims as essential attachments of patent applications using a computer and a technology for supporting examination of applications using a computer, and more particularly, an object-oriented patent. The present invention relates to claim creation support technology and application examination support technology.

[Technical background of the invention 1]
In order for a patented invention to be patented, one of the conditions is that the invention is novel, that is, the invention is new. For this reason, each national patent office searches for patent documents and general technical documents existing before the patent application and examines whether or not the applied invention is new. This examination is performed by an examiner of each patent office.

  If it is determined that the filed invention has novelty, the examiner will grant a patent for the application subject to other requirements such as inventive step. On the other hand, when it is determined that the applied invention does not have novelty, the applicant is notified accordingly.

  In today's globalization of the economy, the number of patent applications for multiple inventions for one invention is increasing. However, since patent examinations are conducted independently in each country, the search for examinations is currently conducted separately for each country. This is one of the causes of prolonged patent examination.

  If the search results can be shared among the three patent offices in Japan, the United States, and Europe, where most of the world's important patents are filed, it will greatly contribute to the early acquisition of important patents for information technology and biotechnology-related technologies. Expected to contribute.

  Therefore, it was agreed to establish a framework for utilizing the detailed information on patent examinations of each patent office for mutual examination by exchanging information on patent examination progress in real time by connecting the three offices on the network, Online data exchange has already started.

  By exchanging online data on patent documents, patent examination progress information, search results, etc., it becomes possible to share detailed information on patent examinations that occur within each patent office among the three patent offices. In addition, this shortens the examination period and improves the examination quality, enabling the applicant to quickly acquire a strong right that is valid worldwide.

  However, although it has become possible to share information on patent documents, patent examinations, etc. among all three Offices, examinations are carried out by human work. In other words, the efficiency and quality of examination improved significantly by using a database shared among the three offices, but the judgment of the novelty and inventive step of the invention is still made by the examiner himself. . For this reason, even if the examination objects are the same, the judgment results are not always the same. Even the same invention may or may not be patented by the examiner in charge. This has been considered as an unavoidable so far.

If judgment of novelty and inventive step of an invention can be automated using information technology, objective judgment can be made.
However, regarding the determination of the inventive step, it would be impossible to fully automate even with the current state-of-the-art information technology. This is because, in the process of determining the inventive step of the invention, it is not a mere wording difference between the prior art and the invention to be examined, but an extremely high level of intelligent work of determining whether there is a difference at the technical idea level.

  On the other hand, determining novelty of an invention, that is, whether or not the invention is new, can be automated by information technology.

Already as a technology for automating the novelty determination of an invention, an input means for inputting various data relating to specific patent information consisting of an invention devised, a patent application already filed, etc., and a large number of patent information data are stored. The keyword data is searched from the patent information group stored in the information storage means and the information storage means stored in the information storage means based on the inputted various data, and the keywords are ranked according to the number of search hits. There is known an automatic analyzer for patent information novelty, etc., comprising a control means for judging novelty of specific patent information based on the above.
This automatic analysis apparatus for novelty, etc. calculates specific patent information score T according to the rank of the searched keyword, and compares the score T with a preset reference value K, thereby identifying specific patent information. Judge novelty etc. There are two reference values K. If the score T is greater than or equal to the larger reference value K2, it is determined that there is novelty. If the score T is less than the smaller reference value K1, it is determined that there is no novelty. If the score T is between the two reference values K1 and K2 (K2> T ≧ K1), it is determined to be necessary. (See Patent Document 1)

According to the technique described in Patent Literature 1, the presence / absence of novelty is mechanically determined.
However, since this known technique performs a keyword search, the search results differ depending on how to select a search condition (search range, maximum number of keywords, etc.), and novelty depends on how the reference values K1 and K2 are selected. The judgment result is also different. These conditions need to be set by the user himself / herself. Therefore, although the determination process itself such as the presence / absence of novelty is performed mechanically (objectively), human involvement in the setting of conditions is inevitable. For this reason, the determination result of the presence or absence of novelty by the technique described in Patent Document 1 is still ambiguous.

[Technical background 2 of the invention]
There are many databases that provide patent application information, patent information, and technical information, and these include databases with different languages and databases with different data formats. If patent application information, patent information, and technical information can be searched simultaneously across languages and data formats, a more complete search can be performed. However, if you do not select an appropriate search keyword or set a search expression based on a combination of search keywords, there is a risk of patent information leaking from the search. On the other hand, if you broaden the search keyword, The number of patent information to be extracted increases, and the probability that unrelated patent information is extracted increases, so that the search efficiency is deteriorated.

  As a conventional technique for solving such problems, every time new data is registered in the patent database, company database, and drawing database, the relationship between the data registered in each database by the management computer Information is extracted, the contents of the related key information file are updated, and when a search key is input, data corresponding to the search key is read from the specified database and registered in the related key information file A database system configured to read data related to the search key from another database based on related key information is known. (See Patent Document 2)

  A technique is also known in which keyword data can be automatically extracted as it is from the scope of claims. (See Patent Document 3)

  Further, by storing data describing procedures for effectively processing this database together with a database such as a patent gazette on a patent information retrieval CD-ROM, it is not a person who has special knowledge about a certain technology. However, there is also known a technique that makes it possible to easily obtain information related thereto. (See Patent Document 4)

  A technique is also known in which, when searching for a corresponding patent of a target application, the similar patent and the similarity can be automatically searched, calculated, and displayed. (See Patent Document 5)

  There is also known a technique for searching patent classification information using a concept dictionary in which technical concepts of patent classification items are classified and organized hierarchically (see Patent Document 6).

[Technical background 3 of the invention]
The Japanese Patent Law and related enforcement regulations stipulate that the contents of the invention be disclosed in writing. It is stipulated that the claims are attached with claims, description, necessary drawings, abstract, etc. The scope of the claims stipulates that all the matters deemed necessary for the patent applicant to identify the invention to be patented should be described for each claim. ing. The specification shall include items such as technical field, background art, disclosure of the invention, brief description of the drawings, best mode for carrying out the invention, and industrial applicability. The description method is also defined in other documents such as documents. Similarly, in an international application based on the Patent Cooperation Treaty (PCT), technical field, background art, disclosure of invention, brief description of drawings, best mode for carrying out the invention, industrial applicability, claims Describe each item such as scope and summary. This is further described in the patent application documents in the United States divided into Title of the invention, Background of the prior art, Summery of the Invention, Brief Description of the Drawings, Detailed D, escription of the Preferred embodiment, Claims, Abstruct, Drawings, etc. The same is true for performing the above.

  In order to deal with such a description, the patent departments and intellectual property departments of large companies have conventionally submitted the contents of the invention from the inventor and prepared patent application documents from the inventor. In order to request an application from a person, a format of an application form such as an invention notification form is provided, and the inventors are made to fill it out. Attempts have also been made to digitize this format.

  In addition, a technology for supporting creation of a patent specification, a technology for converting an academic paper into a patent specification, a technology for translating a claim text of a patent specification into a second language, and the like have been developed. (See Patent Literature 7, Patent Literature 8, Patent Literature 9, Patent Literature 10, Patent Literature 11, Patent Literature 12, etc.)

Japanese Patent Laid-Open No. 2000-132568 Japanese Patent Laid-Open No. 10-312396 JP-A-9-128399 Japanese Patent Laid-Open No. 10-134077 JP-A-5-135109 JP 11-328192 A JP 2001-306754 A JP 2004-118768 A JP 2000-48013 A JP 2002-207720 A JP 2002-297636 A Japanese Patent Laid-Open No. 9-293075

  As described above, a technique for mechanically determining whether or not the invention is novel has already been proposed. However, in the related art, although the determination process of the presence / absence of novelty is mechanically performed, human involvement in the condition setting stage is unavoidable, so the determination result of the presence / absence of novelty is still ambiguous. .

  There are already several technologies for searching for patent application information, patent information, and technical information, and technologies for supporting creation of patent specifications. However, these known technologies suggest disclosures about technologies that can automate the determination of novelty of an invention and technologies that can efficiently create claims by using descriptions of known technologies that have been published. It is not something to do.

  The purpose of the present invention is to describe an application examination support system that can accurately (objectively) determine whether the invention is novel or not, and to avoid the human involvement as much as possible, and to describe publicly known technologies that have been published. An object of the present invention is to provide a claim creation support system and the like that can efficiently create a claim by using it.

  The present applicant (inventor) has been conducting research on automated application examination technology for several years. As a result, it is possible to accurately determine whether the invention is novel or not by using human resources as much as possible, and by utilizing a database of known technologies, the knowledge of the predecessors (specifically, In other words, we will create a patent claim creation support technology that can efficiently create a patent claim by accumulating new technologies in the known technology stored in the database. It came to.

In order to achieve the above object, the present invention employs the following means (see FIGS. 1 to 34).
The claim creation support method of the invention of claim 1 is a method for supporting the creation of a claim using a computer, and publishes a class library including a plurality of known component classes (computer A class library and a publicly available component class included in the class library can be browsed and an arbitrary publicly known component class can be selected, and at least one known component class is selected from the class library. Creating a new component class that is a subclass of the selected known component class (a class that inherits the contents (description itself or concept) such as attributes and behaviors that characterize the known component class); Create a main claim class that includes the new component class Tsu is characterized by including a flop (see FIGS. 4 and 13).

  Further, the invention according to claim 2 is the method according to claim 1, wherein at least one known component class is newly selected from the class library, and the newly selected known component class and the main claim are selected. And a step of creating a subclaim class including the class (see FIGS. 5 and 14).

  The invention according to claim 3 is the method according to claim 1, wherein the step of selecting at least one new component class included in the main claim class and a new subclass of the selected new component class are provided. Creating a component subclass and creating a subclaim class in which at least one new component class included in the main claim class is replaced with the new component subclass (FIG. 6). And FIG. 15).

  According to a fourth aspect of the present invention, in the method according to the second or third aspect, the step of newly selecting at least one known component class from the class library, the newly selected known component class, and the And a step of creating a subclaim class including the subclaim class (see FIGS. 7 and 16).

  Further, the invention according to claim 5 is the method according to any one of claims 2 to 4, wherein at least one new component class or new component subclass included in the subclaim class is selected, and Newly creating a new component subclass that is a subclass of the selected new component class or new component subclass, and at least one new component class or new component subclass included in the subclaim class And a step of creating a subclaim class replaced with the created new component subclass (see FIGS. 8 and 17).

  The invention described in claim 6 is characterized in that, in the method according to any one of claims 1 to 5, the method further includes a step of including the main claim class in the class library (see FIGS. 9 and 18). ).

  The invention according to claim 7 is characterized in that, in the method according to any one of claims 2 to 5, the method further comprises a step of including the subclaim class in the class library (see FIGS. 10 and 19). ).

  The invention according to claim 8 is characterized in that, in the method according to any one of claims 1 to 7, the class library is made public via a network or a recording medium (see FIG. 11). ).

  The invention according to claim 9 is the method according to any one of claims 1 to 8, wherein the class library is received by the Japan Patent Office, the European Patent Office, the United States Patent and Trademark Office, or other countries or regions. It is characterized in that it is managed and disclosed jointly by the government offices or independently by each office or the international secretariat (see Fig. 12).

  An application document creation support system according to the invention of claim 10 is a system for supporting the creation of claims by using a computer, and a known information database system for storing and disclosing a plurality of known component classes. And an application document preparation client that can access the public information database system, the application document preparation client includes a browsing function for browsing the public contents of the public information database system and the public information database system. A selection function for selecting at least one known component class from a plurality of known component classes, and editing a new component class for creating a new component class that is a subclass of the selected known component class Includes functionality and the new component class It is characterized in that a main objection class editing functions for creating in claim class (see FIG. 20).

  The invention according to claim 11 is the application document creation support system according to claim 10, wherein the application document creation client is at least one known configuration from a plurality of known component classes published by the known information database system. A selection function for newly selecting an element class, and a subclaim class editing function for creating a subclaim class including the newly selected public component class and the main claim class. It is a feature (see FIG. 21).

  The invention according to claim 12 is the application document creation support system according to claim 10, wherein the application document creation client selects at least one new component class included in the main claim class. A new component subclass editing function for creating a new component subclass that is a subclass of the selected new component class, and at least one new component class included in the main claim class as the new component subclass And a subclaim class editing function for creating a subclaim class replaced with (see FIG. 22).

  The invention according to claim 13 is the application document creation support system according to claim 11 or 12, wherein the application document creation client is at least one of a plurality of known component classes published by the known information database system. It includes a selection function for newly selecting a known component class and a subclaim class editing function for creating a subclaim class including the newly selected known component class and the subclaim class. (See FIG. 23).

  The invention according to claim 14 is the application document preparation support system according to any one of claims 11 to 13, wherein the application document preparation client includes at least one new component class included in the subclaim class or A selection function for selecting a new component subclass, a new component subclass editing function for newly creating a new component subclass that is a subclass of the selected new component class or new component subclass, and the sub And a subclaim class editing function for creating a subclaim class in which at least one new component class or new component subclass included in the claim class is replaced with the newly created new component subclass. (See Figure 24)

  The fifteenth aspect of the present invention is the application document preparation support system according to any one of the tenth to fourteenth aspects, further comprising a receiving office server managed by the receiving office of the patent application, Send a claim file including the main claim class and an application file containing at least the description and application to the receiving Office server (or associate the claim and specification including the main claim class with the application) It is characterized by having an application function for transmission) (see FIG. 25). The application document file preferably contains a summary and drawings in addition to the claims, the description and the application (the same applies hereinafter). The claims, the description, the application, the abstract, and the drawings are all electronic documents (the same applies hereinafter).

  The invention described in claim 16 is the application document preparation support system according to any one of claims 11 to 14, further comprising a receiving office server managed by the receiving office of the patent application, A claim including the main claim class and the sub claim class and an application document file including at least the specification and application are transmitted to the receiving office server (or the patent including the main claim class and the sub claim class). And an application function for transmitting the scope and specification in association with the application (see FIG. 26).

  The invention described in claim 17 is the application document preparation support system described in claim 15, further comprising an international secretariat server managed by the international secretariat, wherein the receiving government office server receives the application document preparation client from the client Based on the description of the application contained in the application document file, it is checked whether or not the requirements for international filing date recognition are satisfied.If it is confirmed that the requirements for recognition are satisfied, the date to which the application belongs is shown. An international filing date recognition function for accrediting as an international filing date; and a transmission function for transmitting application document data received from the application document preparation client to the international secretariat server, wherein the international secretariat server is the receiving government server. A priority date confirmation function for confirming the priority date based on the description of the application contained in the application document file received from the server, and from the receiving government server A transmission function for transmitting the main claim class included in the received application document file to the public information database system after a predetermined period (for example, 18 months from the priority date) has elapsed from the priority date. The system is characterized by having an application publishing function for publishing the main claim class received from the international secretariat server as the known component class (see FIG. 27).

  The invention according to claim 18 is the application document preparation support system according to claim 16, further comprising an international secretariat server managed by the international secretariat, wherein the receiving office server receives the application document preparation client from the client Based on the description of the application contained in the application document file, it is checked whether or not the application meets the international filing date recognition requirements. If it is confirmed that the international filing date recognition requirements are satisfied, the application is received. An international filing date recognition function for acknowledging the date to which the time belongs as an international filing date, and a transmission function for transmitting the application document file received from the application document preparation client to the international secretariat server, , A priority date confirmation function for confirming a priority date based on the description of the application contained in the application document file received from the receiving Office server; A transmission function for transmitting a main claim class and a subclaim class included in an application document file received from a government office server to the public information database system after a predetermined period has elapsed from the priority date, the public information database system Is provided with an application publishing function for publishing the main claim class and the subclaim class received from the international secretariat server as the known component class (see FIG. 28).

  An application examination support system for an invention according to claim 19 is a system including the application document preparation support system according to any one of claims 15 to 18, wherein an examiner belonging to the receiving government office has authority to use. The receiving office server includes an application file storage function for storing an application document file received from the application document preparation client, and an application to be examined (including international search and international preliminary examination; the same shall apply hereinafter). An examination object transmission function for transmitting an application document file relating to (for example, an application for which an application examination request has been requested) to the application examination client as an examination object, and an international application date or priority date of the examination object (two or more priority rights) In the case of claims, the characteristics of other applications (ie prior applications) filed prior to the date of application on which each priority claim is based A prior application data transmission function for transmitting a claim, a description thereof, and a drawing, if any, to the application examination client, wherein the application examination client receives the examination object received from the receiving agency server; An examination object browsing function for browsing the contents, and a browsing function for accessing the receiving Office server and browsing the contents of other applications (prior applications) filed before the priority date of the examination object (Refer to FIG. 29).

  An application examination support system according to a twentieth aspect of the invention is the application examination support system according to the twentieth aspect, wherein the application examination client includes the other belonging to the main claim class included in the scope of the examination object. It is characterized by having a prior application search function for automatically searching for applications (see FIG. 30). The scope of the prior application search is preferably all data stored in the database under the control of the receiving office server and all data stored in the public information database system (the same applies hereinafter).

  Further, the application examination support system of the invention described in claim 21 is the application examination support system according to claim 20, wherein the application examination client includes the other belonging to the sub-claim class included in the scope of the patent to be examined. It is characterized by having a prior application search function for automatically searching for applications (see FIG. 30).

  An application examination support system for an invention according to claim 22 is a system including the claim creation support system according to any one of claims 15 to 18, which is used by an examiner belonging to the receiving government office. An application examination client having authority, and the receiving office server includes an acceptance file storage function for storing an application document file received from the application document preparation client, and a main claim class included in a claim of an application to be examined Other applications belonging to, prior to the international filing date or priority date of the application to be examined (if it is accompanied by two or more priority claims, the date of the application on which each priority claim is based) A prior application search function for searching for other applications (ie, prior applications) filed on / Or it and a search result notification function for notifying the application examination client is characterized in (see Figure 31).

  The invention according to claim 23 is the application examination support system according to claim 22, wherein the receiving office server receives the other application belonging to the sub-claim class included in the scope of claims of the application to be examined. A feature is that a prior application search function for automatic search is provided (see FIG. 31).

  The invention according to claim 24 is the application examination support system according to claim 22 or 23, wherein the receiving government office server includes an agent having the prior application search function and the search result notification function. (See FIG. 32). The agent's mission is to discover as much relevant prior art as possible (PCT Article 15).

  The invention described in claim 25 is the application examination support system according to any one of claims 15 to 24, wherein the receiving office server includes the Japan Patent Office, the European Patent Office, the United States Patent and Trademark Office, and other countries. Or, it is a server that is managed jointly by the receiving offices in the area or independently by each office or the International Bureau.

  The invention as set forth in claim 26 is the application examination support system according to claim 24 or 25, wherein the agent autonomously moves between a plurality of receiving government office servers, and the agent exists on the same server as the own agent. It has one of the functions of autonomously calling other agents and exchanging information with each other, and autonomously calling and exchanging information with agents existing on different servers from its own agent. (See FIG. 33).

  According to a twenty-seventh aspect of the present invention, there is provided an application document preparation client, a browsing function for accessing a public information database system for accumulating and publicizing a plurality of public component classes and browsing the public contents, and the public database A selection function for selecting at least one known component class from a plurality of known component classes disclosed by the system, and a new configuration for creating a new component class that is a subclass of the selected known component class An element class editing function and a main claim class editing function for creating a main claim class including the new component class are provided (see FIG. 20).

  The application document preparation client of the invention described in claim 28 is the application document preparation client according to claim 27, wherein at least one known component class is selected from a plurality of known component classes disclosed by the known information database system. A selection function for newly selecting and a subclaim class editing function for creating a subclaim class including the newly selected public component class and the main claim class are provided. (See FIG. 21).

  An application document preparation client of the invention described in claim 29 is the application document preparation client according to claim 27, wherein the selection function for selecting at least one new component class included in the main claim class, New component subclass editing function for creating a new component subclass which is a subclass of the selected new component class, and at least one new component class included in the main claim class is replaced with the new component subclass A subclaim class editing function for creating a subclaim class is provided (see FIG. 22).

  The application document preparation client of the invention described in claim 30 is the application document preparation client according to claim 28 or 29, wherein at least one known component from a plurality of known component classes published by the known information database system. It includes a selection function for selecting a new class, and a subclaim class editing function for creating a subclaim class including the newly selected public component class and the subclaim class. (See FIG. 23).

  The application document preparation client of the invention described in claim 31 selects at least one new component class or new component subclass included in the subclaim class in the application document preparation client according to claim 28 or 29. A new component subclass editing function for creating a new component subclass that is a subclass of the selected new component class or new component subclass, and at least one included in the subclaim class And a subclaim class editing function for creating a subclaim class in which one new component class or a new component subclass is replaced with the newly created new component subclass (see FIG. 24). .

  Further, the application document preparation client of the invention described in claim 32 is the application document preparation client according to any one of claims 27 to 31, wherein at least the claim including the main claim class and the specification and application are included. The present invention is characterized in that an application function for transmitting an application document file including the application document file to the receiving government server is provided (see FIG. 25).

  Further, the application document preparation client of the invention of claim 33 is the application document preparation client of any of claims 28 to 31, wherein the main claim class and the sub claim class are included in the claims and the description thereof. An application function for transmitting an application document file including at least a certificate and an application to the receiving government server is provided (see FIG. 26).

  In addition, the receiving office server of the invention described in claim 34 recognizes the international application date based on the description of the application contained in the application document file received from the application document preparation client described in claim 32 or claim 33. Check whether the requirements are satisfied, and if it is confirmed that the requirements for international filing date recognition are satisfied, the international filing date recognition function for certifying the date of receipt of the application as the international filing date, It is characterized by a transmission function for transmitting the application document file to the international secretariat server managed by the international secretariat (see FIGS. 27 and 28).

  The receiving office server of the invention described in claim 35 has an acceptance file storage function for storing the application document file received from the application document preparation client described in claim 32 or claim 33, and an application related to the application to be examined. The present invention is characterized in that it has a screening object transmission function for transmitting a document file as a screening object to an application screening client having authority to use by an examiner who belongs to the receiving government office (see FIGS. 29 and 30).

  In the invention described in claim 36, the application examination client in claim 35 is a client computer to which the examiner belonging to the receiving Office, the examiner belonging to the International Searching Authority or the International Preliminary Examining Authority is authorized to use. It is characterized by being. As provided in the Patent Cooperation Treaty, if more than one international search authority exists before the establishment of a single international search authority, each receiving Office shall conduct an international search for the international application. Identify one or more international search organizations that will have jurisdiction (PCT Article 16 (2)).

  An international secretariat server according to claim 37 includes a priority date confirmation function for confirming a priority date based on a description of an application included in an application document file received from the receiving office server according to claim 34, and the acceptance date. A public information database system in which the main claim class included in the application document file received from the government server and the sub claim class, if any, are disclosed after a predetermined period of time has elapsed from the priority date. And a transmission function for transmitting to (see FIG. 27 and FIG. 28).

  Further, the public information database system of the invention described in claim 38 is a class including the main claim class received from the international secretariat server described in claim 37 and the sub claim class, if any, as the known component class. It is characterized by having a function of publishing a library (see FIGS. 27 and 28).

  The application examination client of the invention described in claim 39 is a client computer to which the examiner belonging to the receiving office has the authority to use, and browses the contents of the examination object received from the receiving office server described in claim 35. Access to the examination object for the examination, and the international filing date or priority date of the examination object (if there are two or more priority claims, the basis for each priority claim) And a browsing function for browsing the contents of other applications filed prior to the date of application (see FIG. 29).

  The invention described in claim 40 is a patent document that automatically searches the other application belonging to the main claim class or the sub claim class included in the scope of the claim to be examined in the application examination client according to claim 39. A search function is provided (see FIG. 30).

  In addition, the examiner client of the invention of claim 39 or 40 is authorized by the examiner belonging to the receiving Office, the examiner belonging to the International Searching Authority or the International Preliminary Examining Authority. It is the client computer which has.

  The receiving office server according to claim 42 searches the receiving office server according to claim 37 for a prior application belonging to the main claim class related to the examination object, and the result is the application document according to claim 32 or 33. An agent function for transmitting to the creating client or the application examination client according to claim 39 or 40 is provided (see FIG. 32).

  The receiving office server of the invention described in claim 43 is the receiving office server described in claim 34 or 35, and is the receiving office of the Japan Patent Office, European Patent Office, United States Patent and Trademark Office, or other countries or regions. Is a server that is managed jointly or independently by each agency or international secretariat.

  The invention according to claim 44 is the receiving government server according to claim 42 or 43, wherein the agent autonomously moves between a plurality of receiving government servers, and the other agent existing in the same server as the own agent. It has one of a function of autonomously calling an agent and exchanging information with each other, and a function of autonomously calling an agent existing on a server different from the local agent and exchanging information with each other. (See FIG. 33).

  The program of the invention described in claim 45 is an application document preparation client in the application document preparation support system described in any of claims 10 to 16, or an application document preparation client described in any of claims 27 to 33. It is a program that makes a computer function.

  Further, the program of the invention described in claim 46 is the receiving government server in the application document preparation support system described in any of claims 15 to 18, and the program of any of claims 19, 22, 23, 24, 25. A program that causes a computer to function as a receiving government server in the application examination support system or a receiving government server according to any of claims 34 or 35.

  A program according to a 47th aspect is the public information database system according to the 10th, 11th, 13th, 17th, or 18th aspect of the application document creation support system according to the 10th aspect, or the known information database system according to the 38th aspect. As a feature of the present invention, it is a program that allows a database system having a computer and a mass storage device to function.

  The program of the invention described in claim 48 is a program that functions as an agent in the application examination support system according to claim 24 or 26 or an agent in the receiving government office server according to any of claims 42 to 44. It is a feature.

  A recording medium according to a 49th aspect of the present invention is a computer-readable recording medium that records the program according to any of the 45th to 48th aspects.

  It is possible to accurately (objectively) determine whether or not the invention is novel by eliminating human involvement as much as possible. It is possible to efficiently create a claim using the description of a publicly known technique disclosed in an application.

Embodiments of the present invention will be described below.
FIG. 1 is a block diagram showing a configuration example of an application examination support system according to the present invention. The application examination support system 100 includes a publicly known information database system 200, a receiving government office system 300, an international secretariat system 400, and an application document preparation client 500 that are communicably connected to each other via the Internet 600.

  At least one known information database system 200 exists on the earth. This system 200 is managed and operated by an international organization defined by the Convention.

  There is at least one receiving government office system 300 on the earth. This system 300 is managed and operated jointly by the Japan Patent Office, the European Patent Office, the United States Patent and Trademark Office, and other national or regional receiving offices, or independently by each office or the International Bureau. In this embodiment, it is assumed that a receiving office system 300 is provided in each of the Japan Patent Office, the European Patent Office, and the United States Patent and Trademark Office, and the receiving office system 300 of the Japan Patent Office is mainly described.

  There is at least one international secretariat system 400 on the earth. This system 400 is managed and operated by the International Bureau.

  Many application document preparation clients 500 exist on the earth. The application document creation client 500 is a personal computer installed in, for example, a patent attorney office, an intellectual property department of a company, or an individual (inventor) house.

  The known information database system 200 includes a class library server 210 and a database 220. The receiving government office system 300 includes a receiving government server 310 and a database 320. The international secretariat system 400 includes an international secretariat server 410 and a database 420. The class library server 210, the receiving government server 310, and the international secretariat server 410 are mutually connected by a VPN (Virtual Private Network). A plurality of receiving government office servers 310 are also connected to each other by VPN. The class library server 210 and the receiving government server 310 are also mutually connected by VPN. Needless to say, instead of VPN, connection may be made by using a safer means such as a dedicated line.

  The class library server 210 publishes the class library 230 stored in the database 220. The class library 230 includes an enormous number of known constituent element classes (see FIG. 2, FIG. 3, etc.). The access authority to the class library server 210 includes the receiving government server 310 and its subordinate computer (examiner client) 330, the international secretariat server 410 and its subordinate computer (examiner client) 430, and the preparation of application documents. The client 500 has.

  The class library 230 has a hierarchical structure composed of an enormous number of known component classes. Here, the known component class is represented by ClassC (X-Y-Z). In this case, only one known component class is specified by four numerical values (C, X, Y, Z). “C”, “X”, “Y”, and “Z” are data (numeric values) having a predetermined number of bits such as 128 bits (or bytes), 256 bits (or bytes), and 512 bits (or bytes), respectively. The data sizes of “C”, “X”, “Y”, and “Z” need not be the same. "C", "X", "Y", "Z", instead of a numerical value, a character string corresponding to each value (for example, C: automobile, X: gasoline engine, Y: front and rear wheels Can be driven simultaneously, Z: have a civil engineering machine, etc.). “C” represents a top-level category (major classification) such as elementary particles, substances, shapes, numbers, organisms, devices, methods, automobiles, airplanes, and computers. “X”, “Y”, and “Z” represent subcategories (small classifications) in each category. “X-Y-Z” represents one point in the subcategory space represented by the X, Y, and Z axes orthogonal to each other. “C-X-Y-Z” represents one point in the entire space including the subcategory space (“X-Y-Z”) represented by the X axis, the Y axis, the Z axis, and the C axis that intersect each other.

  By using the class library 230, a claim having any arbitrary content can be created. The content of the claim can be made freely. Theoretically any object can be expressed. Moreover, as long as it does not violate rules (description rules, etc.) for creating a claim, the method of expressing (defining) the claim is also free. In other words, there is no single method for expressing (defining) a subject as a claim. Claims that are substantially synonymous can be created in different ways.

For example, when it is necessary to express "water (liquid)" as a constituent element of the invention, examples of the definition method include the following methods (1) to (3).
(1) “Substance class” is selected from the class library 230, “Liquid” is specified as a phase, “H (hydrogen)” and “O (oxygen)” are specified as elements, and “2” is specified as an element abundance ratio. : 1 "is specified.
(2) “Liquid class” is selected from the class library 230, “H (hydrogen)” and “O (oxygen)” are designated as elements, and “2: 1” is designated as the abundance ratio of elements.
(3) Select “water class” from the class library 230 and designate “liquid” as the phase.

  Any substance or object, not limited to water, can be expressed (defined) by starting from "elementary particle class", "element class" or "molecule", aggregating them appropriately, and specifying attributes. .

A procedure for creating a claim using the class library 230 will be described with reference to FIG.
In the example of FIG. 3, three known component classes Class1-1A (XYZ), Class2-2A (XYZ), and Class19-98A (XYZ) among a plurality of known component classes disclosed by the known information database system 200 are used. Is selected. Then, by designating the X, Y, and Z values of the selected three known component classes, three new component classes NewClass1-1A (XYZ) and NewClass2-2A ( XYZ) and NewClass19-98A (XYZ) are created. And the main claim class Main (NewClassC1 (XYZ)) = Main (NewClass1-1A (XYZ), NewClass2-2A (XYZ), NewClass19-98A (XYZ)) containing the three new component classes created as components Creating.
In the example of FIG. 3, one known component class Class4-4A (XYZ) is newly selected from a plurality of known component classes disclosed by the known information database system 200. Then, one new component class NewClass4-4A (XYZ) is created by designating X, Y, and Z values of the newly selected known component class. And the newly created new component class NewClass4-4A (XYZ) and sub claim class Sub (Main (NewClass1-1A (XYZ), NewClass2-2A (XYZ)) including main claim class Main (NewClassC1 (XYZ)) , NewClass19-98A (XYZ)), NewClass4-4A (XYZ)).
In the example of FIG. 3, the sub-claim class Sub (Main (NewClass1-1A (XYZ), NewClass2-2A (XYZ), NewClass19-98A (XYZ)), NewClass4-4A (XYZ))
One new component class NewClass1-1A (XYZ) is selected from the four new component classes included in, and a new component subclass NewNewClass1 that is a subclass of the selected new component class NewClass1-1A (XYZ) -1A (XYZ) and include this new component subclass NewNewClass1-1A (XYZ) instead of the original new component class NewClass1-1A (XYZ) sub claim class Sub (Main (NewNewClass1-1A (XYZ) , NewClass2-2A (XYZ), NewClass19-98A (XYZ)), NewClass4-4A (XYZ)).
In the example shown in FIG. 3, one of the three new component classes included in the main frame class Main (NewClass1-1A (XYZ), NewClass2-2A (XYZ), NewClass19-98A (XYZ)) is added. Select component class NewClass2-2A (XYZ), create a new component subclass NewNewClass2-2A (XYZ) that is a subclass of the selected new component class NewClass2-2A (XYZ), and create this new component subclass NewNewClass2 -2A (XYZ) is one new component class of the above subclaim class Sub (Main (NewNewClass1-1A (XYZ), NewClass2-2A (XYZ), NewClass19-98A (XYZ)), NewClass4-4A (XYZ)) Create a sub claim class Sub (Main (NewNewClass2-2A (XYZ), NewClass2-2A (XYZ), NewClass19-98A (XYZ)), NewClass4-4A (XYZ)) to include instead of NewNewClass1-1A (XYZ) Yes.
In this specification and claims, the description “replace A class with B class” can be read as “including A class instead of B class”.

  The application document creation client 500 includes at least one public component class ClassC1 (XYZ) from a browsing function for browsing the public contents by the public information database system 200 and a plurality of public component classes published by the public information database system 200. ), A new component class editing function for creating a new component class NewClassC1 (XYZ) that is a subclass of the selected public component class ClassC1 (XYZ), and a new component class And a main claim class editing function for creating a main claim class Main (NewClassC1 (XYZ)) including NewClassC1 (XYZ) (see FIG. 20). Here, the subscript “1” of “C” in “ClassC1” is added for convenience in order to avoid confusion with the newly selected known component class ClassC (X-Y-Z). In the example of FIG. 20, Class3-1B (X-Y-Z) corresponds to ClassC1 (X-Y-Z).

  In order to select a known component class, the value (or character string) of “C” must be specified (see FIG. 3). That is, the value (or character string) of “C” is an indispensable designation (selection) item. On the other hand, “X”, “Y”, and “Z” are not mandatory specification items. You can specify only one or two of them (for example, "X" and "Y" only). When X = X1 and Y = Y1 are specified, all the objects existing on the straight line represented by “X1-Y1-Z (arbitrary)” are specified (selected) (partial inheritance of the specified category). . When X = X1 is designated, all objects existing on the plane represented by “X1-Y (arbitrary) -Z (arbitrary)” are designated (selected) (partial inheritance of the specified category). When none of "X", "Y", and "Z" is specified, the entire category specified by the value of "C" (all targets included in that category) has been specified (selected) (Complete inheritance of the specified category).

  The application document preparation client 500 has a selection function for newly selecting at least one known component class ClassC2 (XYZ) from a plurality of known component classes ClassC (XYZ) disclosed by the known information database system 200. , To create a sub-claim class Sub (Main (NewClassC1 (XYZ), C2 (XYZ))) including the newly selected publicly-known component class ClassC2 (XYZ) and main claim class Main (NewClassC1 (XYZ)) (See FIG. 21.) In the example of FIG. 21, Class2-1A (XYZ) corresponds to ClassC2 (XYZ).

  Further, the application document preparation client 500 has a selection function for selecting at least one new component class Main (NewClassC1 (XYZ)). E1 (xyz) included in the main claim class Main (NewClassC1 (XYZ)), New component subclass editing function to create a new component subclass NewMain (NewClassC1 (XYZ)). E2 (xyz) that is a subclass of the selected new component class Main (NewClassC1 (XYZ)). E1 (xyz) And at least one new component class Main (NewClassC1 (XYZ)). E3 (xyz) included in the main claim class Main (NewClassC1 (XYZ)) to a new component subclass NewMain (NewClassC1 (XYZ)). E2 (xyz) ) To create a subclaim class Sub (Main (NewClassC1 (XYZ)). ((Main (NewClassC1 (XYZ)). E3 (xyz) = NewMain (NewClassC1 (XYZ)). E2 (xyz))] It has a sub-claim class editing function (see Fig. 22), where "e" is an element "X", "y", and "z" are the elements of "X", "Y", and "Z", respectively, and the subscripts "1", "2", "e" “3” is given for convenience in order to avoid confusion, in which case “e1” and “e3” may be the same value (e1 = e3), and the class definition expression “(Main (NewClassC1 (XYZ)). E3 (xyz) = NewMain (NewClassC1 (XYZ)). E2 (xyz)) The symbol “=” in “means” means substitution (substitution). In the example of FIG. (XYZ) corresponds to Main (NewClassC1 (XYZ)). E1 (xyz) and Main (NewClassC1 (XYZ)). E3 (xyz), and NewClass3-1B + β (XYZ) corresponds to NewMain (NewClassC1 (XYZ) ) .e2 (xyz) In this specification, α, β, γ, etc. are arbitrary values, and 3-1B + β is an attribute or condition added to the class specified in 3-1B. It does not represent a calculation formula. “3”, “-”, “B”, “+”, etc. are displayed in half-width, whereas “α”, “β”, and “γ” are displayed in full-width. I wanted to display half-width, but I couldn't.

The application document preparation client 500 has a selection function for newly selecting at least one known component class ClassC3 (XYZ) from a plurality of known component classes ClassC (XYZ) disclosed by the known information database system 200. The newly selected public component class ClassC3 (XYZ) and subclaim class
Sub (Main (NewClassC1 (XYZ), C2 (XYZ))
Or
Sub (Main (NewClassC1 (XYZ)). ((Main (NewClassC1 (XYZ)). E3 (xyz) = NewMain (NewClassC1 (XYZ)). E2 (xyz))
Subclaim class containing
Sub (ClassC3 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ)))
Or
Sub (ClassC3 (XYZ), Sub (Main (NewClassC1 (XYZ)). ((Main (NewClassC1 (XYZ)). E3 (xyz) = NewMain (NewClassC1 (XYZ)). E2 (xyz)))
And a sub-claim class editing function (see FIG. 23). Here, “C1” and “C3” may be the same value (C1 = C3). In the example of FIG. 23, Class7-1A (XYZ) corresponds to ClassC3 (XYZ).

In addition, the application document creation client 500 has a subclaim class.
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ)))
Or
Sub (ClassC3 (XYZ), Sub (Main (NewClassC1 (XYZ)). ((Main (NewClassC1 (XYZ)). E3 (xyz) = NewMain (NewClassC1 (XYZ)). E2 (xyz)))
At least one new component class or new component subclass included in
NewClassC1 (XYZ),
NewMain (NewClassC1 (XYZ)). E2 (xyz), Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ))). E4 (xyz),
Or
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ)). (NewMain (NewClassC1 (XYZ)). (Main (NewClassC1 (XYZ)). E3 (xyz)) = NewMain (NewClassC1 (XYZ)). E2 ( xyz))). e5 (xyz)
A selection function for selecting
A new component subclass that is a subclass of the selected new component class or new component subclass, ie
NewClassC1 (XYZ) .e6 (XYZ),
NewMain (NewClassC1 (XYZ)). E2 (xyz)). E7 (xyz),
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ))). E4 (xyz)). E8 (xyz),
Or
Sub (Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ)). (NewMain (NewClassC1 (XYZ)). (Main (NewClassC1 (XYZ)). E3 (xyz)) = NewMain (NewClassC1 (XYZ)). e2 (xyz))). e5 (xyz)) e9 (xyz),
New component subclass editing function to create a new,
Subclaim class
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ)))
Or
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ)). (NewMain (NewClassC1 (XYZ)). (Main (NewClassC1 (XYZ)). E3 (xyz)) = NewMain (NewClassC1 (XYZ)). E2 ( xyz)))
At least one new component class or new component subclass, for example,
NewClassC1 (XYZ),
NewMain (NewClassC1 (XYZ)). E2 (xyz),
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ))). E4 (xyz),
Or
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ)). (NewMain (NewClassC1 (XYZ)). (Main (NewClassC1 (XYZ)). E3 (xyz)) = NewMain (NewClassC1 (XYZ)). E2 ( xyz))). e5 (xyz)
The newly created new component subclass
NewClassC1 (XYZ) .e6 (XYZ),
NewMain (NewClassC1 (XYZ)). E2 (xyz)). E7 (xyz),
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ))). E4 (xyz)). E8 (xyz),
Or
Sub (Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ)). ((Main (NewClassC1 (XYZ)). E3 (xyz) = NewMain (NewClassC1 (XYZ)). E2 (xyz))). E5 (xyz)). e9 (xyz)
Subclaim class replaced with, for example,
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ) .e6 (XYZ), C2 (XYZ))),
Sub (ClassC2 (XYZ), Sub (NewMain (NewClassC1 (XYZ)). E2 (xyz)). E7 (xyz), C2 (XYZ)))
And a sub-claim class editing function for creating (see FIG. 24).
Here, Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ) .e6 (XYZ), C2 (XYZ))) is Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 ( This is a result of replacing the new component class NewClassC1 (XYZ) included in XYZ))) with the newly created new component subclass NewClassC1 (XYZ) .e6 (XYZ).
Sub (ClassC2 (XYZ), Sub (NewMain (NewClassC1 (XYZ)). E2 (xyz)). E7 (xyz), C2 (XYZ))) is Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ))) is included in the newly created new component subclass NewMain (NewClassC1 (XYZ)). E2 (xyz)). E7 (xyz) This is the result of replacement.

In the example of Figure 24, NewClass3-1B (XYZ) is
NewClassC1 (XYZ),
NewMain (NewClassC1 (XYZ)). E2 (xyz), Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ))). E4 (xyz),
Or
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ)). (NewMain (NewClassC1 (XYZ)). (Main (NewClassC1 (XYZ)). E3 (xyz)) = NewMain (NewClassC1 (XYZ)). E2 ( xyz))). e5 (xyz).
Also, NewClass3-1B + γ (XYZ) is
NewClassC1 (XYZ) .e6 (XYZ),
NewMain (NewClassC1 (XYZ)). E2 (xyz)). E7 (xyz),
Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ), C2 (XYZ))). E4 (xyz)). E8 (xyz),
Or
Sub (Sub (ClassC2 (XYZ), Sub (Main (NewClassC1 (XYZ)). (NewMain (NewClassC1 (XYZ)). (Main (NewClassC1 (XYZ)). E3 (xyz)) = NewMain (NewClassC1 (XYZ)). e2 (xyz))), which corresponds to e5 (xyz)) e9 (xyz).

  The class definition method used in the above description is used for the sake of convenience. There are many "()" and "." In the definition formula, and "()" has a multiple nested structure, which makes it very difficult to understand. There is no need to worry about handwriting input. By using the application document creation client 500, it is possible to create a claim without being conscious of the complicated definition formula as described above.

  The application document creation client 500 also includes an application document file including at least a claim (data) including a main claim class (Main (NewClassC1 (XYZ)), etc., and a description (data) and an application (data). An application function for transmitting to the receiving government server 310 is provided (see FIG. 25).

  Further, the application document preparation client 500 includes a main claim class (Main (NewClassC1 (XYZ)) etc.) and a subclaim class (Sub (Main (NewClassC1 (XYZ), C2 (XYZ)) etc.). Data) and an application function file for transmitting an application document file including at least the specification (data) and application (data) to the receiving government server 310 (see FIG. 26).

  On the other hand, the receiving office server 310 receives (receives) an application document file transmitted from the application document preparation client 500 and the database 320 receives the application document file received from the application document preparation client 500 as a copy for the receiving office. Based on the description of the application contained in the application document file received from the application document preparation client 500 and whether or not the international filing date certification requirement is met. If it is confirmed that the requirements for certification are satisfied, the international application date recognition function that recognizes the date of receipt of the application as the international application date and the application document data received from the application document preparation client 500 And a transmission function for transmitting to the international secretariat server 410 (FIGS. 27 and 2). , See FIG. 29, FIG. 30). This transmission function may have a function of transmitting only the application document data approved for the international filing date to the international secretariat server 410.

  Further, the receiving agency server 310 extracts an application document file relating to an application to be examined from a large number of application document files stored in the database 320, and transmits the file to the application examination client 330 as an examination object. Other applications filed prior to the transmission function and the international filing date or priority date of the subject examination (or the date of the application on which each priority claim is based, if more than one priority claim is involved) (I.e., a prior application data transmission function for transmitting a claim, its description, and a drawing if it exists) to the application examination client 330 (see FIG. 29).

  The international secretariat server 410 is based on a record original storage function for storing the application document file received from the receiving office server 310 as a record original in the database 420 and a description of the application included in the application document file received from the receiving office server 310. A priority date confirmation function for confirming the priority date, and the main claim class included in the application document file received from the receiving office server 310 and the sub claim class if it exists, for a predetermined period from the priority date (for example, And a transmission function for transmitting to the class library server 210 after elapse of 18 months from the priority date (see FIGS. 27 and 28).

  The class library server 210 has a function of publishing the main claim class and the subclaim class received from the receiving government server 310 as publicly known component class ClassC (X-Y-Z).

  The application examination client 330 has an examination object browsing function for browsing the contents of the examination object received from the receiving office server 310 and an international application to be examined that is stored in the database 320 by accessing the receiving office server 310. To view the contents of other applications (prior applications) filed on or before the priority date (or the date of the application on which the priority claim is based if more than one priority claim is made) The prior application browsing function is provided (see FIG. 29).

  Further, the application examination client 330 has a prior application search function for automatically searching for other applications (prior application) belonging to the main claim class and the subclaim class included in the scope of claims to be examined (see FIG. 30). ).

  In addition, the receiving office server 310 searches for other applications (prior applications) belonging to the main claim class and the subclaim class included in the claims of the application (including provisional application) or the application requested for examination. An application search function and a search result notification function for notifying the application document creation client 500 or the application examination client 330 of a search result by the prior application search function are provided (see FIG. 31).

  In the receiving agency server 310, there is an agent having an earlier application search function and a search result notification function (see FIG. 32). The agent has the function of autonomously moving between multiple receiving government office servers, the function of autonomously calling other agents existing on the same server as its own agent and exchanging information with each other, and the agent existing on a server different from its own agent. It has one of functions for autonomously calling and exchanging information with each other (see FIG. 33). An agent is an instance (thing) that can be processed on various computers, and is composed of a combination of data and a program. The agent may be present in the application examination client 330.

  An application document creation support program is installed in the application document creation client 500 (see FIG. 34). When the application document creation support program is started (program execution), an initial screen (basic menu screen) is displayed on the monitor of the application document creation client 500. Various selection buttons such as a class browsing button and a claims creation button (claim creation button) are displayed on the initial screen. When the class browsing button is clicked, the screen is switched to a class library browsing screen stored in the class library server 210. Click on the Create Claim button to switch to the Edit Claim screen. It is possible to browse the class library at any time on the claim edit screen. It is also possible to move from the class library browsing screen to the complaint editing screen. In addition, during the display of the claim edit screen, a claim scope description program (claim editor program) and a claim correspondence diagram automatic creation program included in the application document creation support program are executed. When you click the complaint correspondence button on the complaint editing screen, the content (components and their interrelationships) of the complaint (source) being edited on the source editing screen of the complaint editor program is shown as a diagram (block diagram, flow diagram, class diagram, Etc.) The complaint correspondence diagram screen to be displayed is displayed. Clicking the claim edit button on the claim correspondence diagram screen returns to the claim edit screen. On the claim correspondence diagram viewing / editing screen, not only can the claim correspondence diagram be browsed, but the claim correspondence diagram can be directly edited by a mouse operation. The content edited on the claim correspondence diagram viewing / editing screen is reflected on the complaint (source) being edited on the source editing screen. There are various schemes (specifications) for plotting, but it is desirable to adopt a scheme (specifications) that conforms to an internationally standardized modeling language such as UML.

  By using this application document creation support program, a known component class is selected from the class library, a main claim class and a subclaim class inheriting the known component class are created, and those main claim class and subclaim are created. A claim can be created that includes a class. Then, an application document file including the created claims, the description and application, and the abstract and drawings can be transmitted (filed) to the receiving office server 310. The application document preparation support program can handle not only international applications but also domestic applications.

In the international application system, an application accepted as an international application is the subject of the search (subject to prior art search, subject to judgment of novelty) and a survey on judgment of novelty when processing the application. There is a method to carry out (primary examination). In the former case, the receiving office server 310 accepts all applications if the application format is ready, and in the latter case, it accepts only when it is determined that there is novelty.
There are two methods for domestic applications: the one currently in Japan, that is, the one that examines only the applications that have been requested for examination within a predetermined period (for example, within three years) after the application, and the novelty when processing the application. There is a method of conducting an examination (preliminary examination) regarding the presence / absence judgment. In the former case, the receiving office server 310 accepts all applications if the application format is ready, and in the latter case, it accepts only when it is determined that there is novelty.

  The application document creation support program rejects a request to create application data if a claim contains a main claim class or sub-claim class that is simply a combination of multiple known component classes. To do. For example, it is eliminated as a grammatical error by a claim description program.

As described above, the claim description program has a function of generating a main claim class and a subclaim class inheriting a known component class selected from a class library.
For example, the main claim class Main (New car (--)) that selects the well-known component class Class car (--) (completely inheriting the car category) and specifies the material of the combustion chamber partition of the engine and the angle of the spark plug For example, the user describes the following class definition.

Main (New car (--)) {
{Engine //-Specify the engine from the components and attributes of the car (-) //
{Combustion chamber //-Specify combustion chamber from engine components and attributes //
{Partition wall} //-Specify the partition from the components and attributes of the combustion chamber //
{Material} //-Specify the material from among the components and attributes of the bulkhead //
{Composition ratio {Substance A: Substance B: Substance C = x: y: z wt%}} /-Specify the composition ratio from the constituent elements and attributes of the material //
}
{Ignition plug //-Specify the ignition plug from the components and attributes of the combustion chamber //
{Position {}} //-Specify the position of the spark plug (unspecified) //
{Number {}} //-Specify the number of spark plugs (unspecified) //
{Angle {15-18 degrees with respect to the opposite surface}} //-Specify the angle of the spark plug //
}
}
The part from "//-" to "//" in the above class definition expression is a comment.

  The above description format is merely an example for facilitating understanding, and in reality, a stricter class definition description format is adopted. The Main (New car (-)) part in the above example may be a MainClameclass extends Class car (-) following the description format of an object-oriented programming language such as Java (registered trademark) or C ++.

  If the source code of the Main (New car (-)) is converted (compiled) into an application format, the description content is converted into application format data (conceptual data) if there is no description violation (error). Then, an application document file including the application form data as a part of the scope of claims is transmitted to the receiving office server 310 and transmitted from the receiving office server 310 to the international secretariat server 410. After a predetermined period (for example, 18 months) has elapsed since the priority date, the application format data is transmitted from the international secretariat server 410 to the class library server 210, registered in the database (concept database) 220, and released.

If the description target is the same, the conceptual data JD obtained by compiling the source code written in the Japanese language claim description language also compiles the source code written in the English language claim description language. The concept data ED obtained in this way is the same as the concept data FD obtained by compiling the source code written in the French language claim description language (JD = ED = FD).
For example, if the same ashtray is expressed in the Japanese, English, and French version of the claim description language, the conceptual data obtained by compiling the respective source codes are all the same. This is because when Japanese, American, and French look at the same ashtray and express it in their own language, the words (words) that are uttered differ depending on the language used, The objects expressed by are equivalent to the same ashtray. In other words, no matter what language the same ashtray is expressed, the meaning (= concept) of each word should be the same as long as the expressed object is the same.
Here, Japanese means a person who understands only Japanese, American means a person who understands only English, and French means a person who understands only French.
The content of the concept data (JD = ED = FD) can be browsed by any language version of the class browsing program.
In other words, if the Japanese version of the class browsing program is used, it is displayed in Japanese. If you use the English version of the class browsing program, it will be displayed in English. If you use the French version of the class browsing program, it will be displayed in French.
By using the class browsing program, the contents of any known component class registered in the known information database system can be browsed. That is, the known component class is registered in the known information database system 200 as concept data (compiled data).

  The application examination client 330 is prepared in advance when the receiving office server 310 or the agent automatically searches for other applications (prior application) belonging to the main claim class and the subclaim class included in the scope of claims to be examined. Use containment relationships between classes strictly defined by class definition rules. Measures are taken so that exceptions can be handled when there are some inconsistencies.

  If the claim expression (definition) format that is different for each application can be unified internationally and an internationally shared conceptual database (class library) can be constructed, the novelty of the invention can be automated at the international level. . The conceptual database here is conceptually the same for objects expressed in different languages (things, functions, behaviors, emotions, properties, attributes, etc., expressed in languages (characters, symbols)). If it is (highly similar), it is a database that transcends (absorbs) language differences that are handled internally as the same (similar) objects. This is a database of knowledge that can be developed permanently. This database makes it possible to overcome the difficulty of understanding the inventions of other country applications caused by differences in language.

  The present invention implements the conceptual database as the public information database system 200. According to the present invention, the determination of the novelty of the invention can be automated at the international level. The present invention will greatly contribute to the realization of a single international search agency. Perhaps the identity of a single international search agency that may be realized may be a group of examiner agents ubiquitous on a global computer network. It's like a world expressed in the movie “Matrix”.

  In the above embodiment, the case where the application examination support system of the present invention is applied to a system adapted to an international application has been described. However, the application examination support system of the present invention can also be applied to a system adapted only to a domestic application. is there. In the case of a system adapted only to a national application, the public information database system 200 and the receiving government system 300 are managed and operated by a national government office (a patent office in Japan). The international secretariat system 400 is not necessary. However, it is necessary for the receiving agency server 310 to have the functions of the international secretariat server 410 (priority date confirmation function, transmission function).

  The claim creation support system of the present invention can also be applied to a system that is used in a limited manner within a company. In this case, the public information database system 200 is managed and operated by the company. The receiving agency system 300 and the international secretariat system 400 are not required.

Block diagram showing a system configuration example of the present invention Illustration of class library in the system and method of the present invention Explanatory diagram illustrating the procedure for creating a claim using the class library Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Flow chart of claim creation support method of the present invention Class diagram of claim creation support method of the present invention Class diagram of claim creation support method of the present invention Class diagram of claim creation support method of the present invention Class diagram of claim creation support method of the present invention Class diagram of claim creation support method of the present invention Explanatory drawing of the class library in the claim creation support method of the present invention Explanatory drawing of the class library in the claim creation support method of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Functional block diagram of the application document preparation support system of the present invention Screen transition diagram showing an operation example of the application document creation support program of the present invention

Explanation of symbols

100: Application examination support system 200: Public information database system 210: Class library server 220: Database 300: Receiving agency system 310: Receiving agency server 320: Database 330: Examiner client 400: International secretariat system 410: International secretariat Server 420: Database 430: Examiner client 500: Application document creation client 600: Internet

Claims (15)

A system that uses a computer to support the preparation and examination of patent application documents ,
A public information database system for storing and disclosing a plurality of public component classes;
An application document preparation client that can access the public information database system;
A receiving office server managed by the receiving office of the patent application;
An application examination client to which an examiner belonging to the receiving Office has the authority to use , and
The known information database system includes:
Publish a class library consisting of multiple known component classes related by object-oriented inheritance and aggregation relationships,
The application document preparation client
And browsing function for browsing the contents of the known information published class library Ri by the database system,
A selection function for selecting at least one known component class on the class library browsing screen by the browsing function ;
A new component class editing function for creating a new component class that is a subclass of the selected public component class using object-oriented inheritance or an aggregation relationship ;
A main claim class editing function for creating a main claim class including the new component class (a class defining an invention according to one claim) according to a predetermined description rule using inheritance or aggregation relation in object orientation ;
An application function for transmitting an application document file including at least a claim including the main claim class and a description and an application thereof to a receiving office server ;
The receiving government server is:
An acceptance file storage function for storing the application document file received from the application document creation client;
Other applications that include the main claim class included in the claims of the application to be examined in the claims, and that have been filed before the international filing date or priority date of the application to be examined ( A prior application search function for searching for prior applications based on the inclusion relationship between classes,
A patent application document creation / application examination support system comprising: a search result notification function for notifying the application document creation client and / or the application examination client of a search result by the prior application search function . The application document preparation client
A selection function for newly selecting at least one known component class on the class library browsing screen by the browsing function ;
A subclaim class editing function for creating a subclaim class including the newly selected public component class and the main claim class by using object-oriented inheritance or an aggregation relationship ;
Wherein comprises a application function to transmit at least includes application documents file the specification and application form claims including the main claims class and the sub-claims class to the receiving Office server, a patent application according to claim 1, wherein Document creation and application examination support system. It further includes an international secretariat server managed by the international secretariat,
The receiving government server is:
Based on the description of the application contained in the application document file received from the application document preparation client, it is checked whether or not the international filing date recognition requirement is satisfied. An international filing date recognition function for acknowledging the date on which the application was received as the international filing date;
A transmission function for transmitting application document data received from the application document creation client to the international secretariat server,
The international secretariat server is
A priority date confirmation function for confirming the priority date based on the description of the application contained in the application document file received from the receiving Office server;
And a transmission function for transmitting to said known information database system the main claim classes in the application documents file received from the receiving Office server after a lapse of a predetermined period after the priority date,
The known information database system includes:
And has, patent document production, application audit support system according to claim 1, wherein comprising a Application Publication ability to expose the main claim class received from the International Bureau server as the known component class. It further includes an international secretariat server managed by the international secretariat,
The receiving government server is:
Based on the description of the application contained in the application document file received from the application document preparation client, it can be checked whether or not the application satisfies the international filing date recognition requirement, and it can be confirmed that the international filing date recognition requirement is satisfied. If so, an international filing date recognition function that recognizes the date of receipt of the application as the international filing date,
A transmission function for transmitting the application document file received from the application document creation client to the international secretariat server,
The international secretariat server is
A priority date confirmation function for confirming the priority date based on the description of the application contained in the application document file received from the receiving Office server;
And a transmission function for transmitting to said known information database system the main claims class and the sub-claims classes included in the application documents file received from the receiving Office server after a lapse of a predetermined period after the priority date,
The known information database system includes:
The main claims class and patent application paperwork, application audit support system of claim 2 wherein has a Application Publication ability to expose the subclaims class as the known component class received from the International Bureau server. The receiving government server is:
An acceptance file storage function for storing the application document file received from the application document creation client;
An examination object transmission function for sending an application document file relating to an application to be examined to the application examination client as an examination object;
The other application when the specification and claims (prior application) and it is present a prior application data transmitting function of transmitting and drawings in the application examination client,
The application examination client
An examination object browsing function for browsing the contents of the examination object received from the receiving government office server;
By accessing the receiving Office server, patent document production, application examination according to any of the other application claims and a, a browsing function for browsing the contents of a (prior application) 1 to 4 Support system. The receiving government server includes:
The patent application document creation / application examination support system according to any one of claims 1 to 5, wherein an agent having the prior application search function and the search result notification function exists (old claim 8) . The agent has a function of autonomously moving between a plurality of receiving government office servers, a function of autonomously calling another agent existing on the same server as the own agent and exchanging information with each other, and a server different from the own agent The patent application document creation / application examination support system according to claim 6, which has any one function of autonomously calling an agent and exchanging information with each other. The receiving office server is a server that is jointly managed by the Japanese Patent Office, the European Patent Office, the United States Patent and Trademark Office, and other national or regional receiving offices, or independently managed by each office or the International Bureau. A patent application document preparation / application examination support system according to any one of claims 1 to 7 . 5. The patent application document creation / application examination support system according to claim 1, wherein the description format of the main claim class is a description format of an object-oriented programming language . 5. The patent application document creation / application examination support system according to claim 2, wherein the subclaim class description format is a description format of an object-oriented programming language . A program for causing a computer to function as an application document preparation client in the patent application document preparation / application examination support system according to claim 1 . A program that causes a computer to function as a receiving government office server in the patent application document creation / application examination support system according to claim 1 . A program for causing a database system having a computer and a mass storage device to function as a known information database system in the patent application document creation / application examination support system according to claim 1 . A program that functions as an agent in the patent application document creation / application examination support system according to claim 6 or 7 . The recording medium which recorded the program in any one of Claims 11-14 .