Automating the search for a patent's prior art with a full text similarity search

PLoS One. 2019 Mar 4;14(3):e0212103. doi: 10.1371/journal.pone.0212103. eCollection 2019.

Abstract

More than ever, technical inventions are the symbol of our society's advance. Patents guarantee their creators protection against infringement. For an invention being patentable, its novelty and inventiveness have to be assessed. Therefore, a search for published work that describes similar inventions to a given patent application needs to be performed. Currently, this so-called search for prior art is executed with semi-automatically composed keyword queries, which is not only time consuming, but also prone to errors. In particular, errors may systematically arise by the fact that different keywords for the same technical concepts may exist across disciplines. In this paper, a novel approach is proposed, where the full text of a given patent application is compared to existing patents using machine learning and natural language processing techniques to automatically detect inventions that are similar to the one described in the submitted document. Various state-of-the-art approaches for feature extraction and document comparison are evaluated. In addition to that, the quality of the current search process is assessed based on ratings of a domain expert. The evaluation results show that our automated approach, besides accelerating the search process, also improves the search results for prior art with respect to their quality.

Publication types

  • Research Support, Non-U.S. Gov't

MeSH terms

  • Information Storage and Retrieval / methods*
  • Inventions
  • Machine Learning
  • Natural Language Processing
  • Patents as Topic
  • Search Engine / methods*

Grants and funding

This work was supported by the Federal Ministry of Education and Research (BMBF) for the Berlin Big Data Center BBDC (01IS14013A) and Berlin Center for Machine Learning BZML (01IS18037I), as well as the Institute of Information & Communications Technology Planning & Evaluation (IITP) grant funded by the Korea government (No. 2017-0-00451). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript. Pfenning, Meinig & Partner mbB provided support in the form of salaries for authors FB and TO, but did not have any additional role in the study design, data collection and analysis, decision to publish, or preparation of the manuscript. The specific roles of these authors are articulated in the ‘author contributions’ section.