| First Software Application for USPTO Rules Compliance
(Sacramento) October 18, 2007 – PatentCafe, the global leader in Latent Semantic Analysis (LSA) patent search engine technology and patent management tools, announced the availability of the Beta Version of 37CFR.com, the first of its kind integrated search and report workflow software. The web-based application enables fast, cost-effective compliance with US Patent and Trademark Office (USPTO) rules and search requirements in HR1908 and S.1145, the proposed Patent Reform Act.
The Patent Office Rules, which take effect on Nov. 1, 2007, introduce a new requirement for patent applicants to prepare an Examination Support Document (ESD) for patent applications containing 5 or more independent claims, or 25 or more total claims.
The ESD requirements are complicated, and require the patent applicant to:
• Identify the most closely related US patent classifications for every claim.
• Search every claim to identify the prior art references “deemed most closely related”.
• Identify in the cited prior reference any limitations to each claim in the applicant’s patent.
• Explain the patentability of the current claim over the cited reference.
• And compile the detailed report, along with the required USPTO forms.
37CFR.com is a robust ESD report workflow application, unique in that the software also incorporates PatentCafe’s international patent database. The integrated patent search engine uses artificial intelligence to reliably speed the classification of each patent claim, and to instantly identify the “most closely related” patent prior art.
Andy Gibbs, PatentCafe’s CEO says “PatentCafe’s advanced LSA technology cuts search time by almost 40%, and using artificial intelligence, it identifies non-obvious, but closely related prior art that keyword search engines can’t find. This is especially important following the Supreme Court’s ‘obviousness’ ruling in KSR v. Teleflex.”
Industry has cited rejection rates of up to 80% for patent applications filed under the USPTO’s Accelerated Examination program. However, the majority of “AE” denials (30%) were the result of various mechanical deficiencies, and not rejections based on the merits of the application. In other words, the applications did not comply with the complex preparation guidelines.
PatentCafe’s new ESD report workflow makes it nearly impossible to miss a step in a complicated patent search and report preparation process.
The Company’s new software walks applicants through the entire ESD Report process, from opening a new case and reporting common inventor information under 37 CFR §1.78, to semi-automated classification and prior art searching, automated IDS reference list development, patentability explanation, and final, printable ESD report creation, following the 37 CFR §1.265 requirements.
The USPTO estimated the incremental cost of complying with the new rule at $2,500 per patent application. The American Intellectual Property Lawyers Association (AIPLA) and other industry experts estimate the incremental cost to be between $4,200 and $13,000.
Gibbs states: “With the significant cost savings provided by the 37CFR software, the incremental costs become little more than an ‘increased cost of business’ that should be easily justifiable, provided the patent applicant believes that there is sufficient market opportunity that requires the protection of a strong, defensible patent.”
PatentCafe’s core LSA search technology was first deployed by Grumman at the Pentagon in 2002. Building upon its proven LSA patent search technology, PatentCafe’s 37CFR software uses the full text of the patent claims as a natural language search query. The initial search results are returned in less than 1 minute, which is 5-10 minutes faster than a skilled researcher can even develop their first keyword search query. Alone, this efficiency can cut hours off of the ESD report process.
Attorneys and IP professionals from Fortune 500 companies, Small to Medium Businesses, and prominent intellectual property law firms have already signed up on the wait list for access to the Beta version of 37CFR. Others interested in signing up for free access to the Beta Version of the 37CFR Software prior to November 1st, should submit their requests from www.37CFR.com.
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