Enhancing resolution: semantic analyses of the alignment between a patent's claims and description on different levels Online publication date: Wed, 03-Nov-2021
by Bennet Bruens; Martin G. Moehrle
International Journal of Intellectual Property Management (IJIPM), Vol. 11, No. 4, 2021
Abstract: There is need for a strong alignment between a patent's claim and description sections due to patent law. We enhance previous semantic analyses that were aimed at measuring this alignment. In addition to an analysis that compares the entire claim and description section, we suggest an analysis, which compares on the level of so-called claim elements. We test both analyses on a patent set concerning blockchain technology. We manage to suggest a new typology of different alignment patterns, separating between predominantly, consistently, and poorly supported patents. Furthermore, a combination of both analysis types leads to a higher resolution for the understanding of alignment. Practitioners may use the suggested alignment measurements to classify their own as well as third party patents in order to understand the application style. Furthermore, they can identify those independent claims within a granted patent or a patent application, which are not sufficiently supported by the description.
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