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Knowledge Representation Support for Substantive Patent Law Precedents

Authors:
Sigram Schindler

Keywords: SPL (Substantive Patent Law); KR Based IES Prototype; Emerging Technologies; Supreme Court’s KSR/ Bilski/Mayo Decisions; Inventive Concept; Preemptivity; Abstract Idea; CAFC’s Recent Precedents

Abstract:
The paper outlines a KR (Knowledge Representation) based IES (Innovation Expert System), for testing a claimed – classical as well as emerging – technology invention under the SPL (Substantive Patent Law) of any NPS (National Patent System), in particular under the 4 §§ 101/102/103/112 of 35 USC (United States Code), as interpreted by the Supreme Courts’ KSR/Bilski/Mayo decisions. Already the IES prototype is capable of indicating the amazing power of the “Patent Technology” induced by this US Highest Courts’ SPL precedents as to such tests for a claimed invention. It works semi-automated when testing in explorative mode and fully automated/real-time when testing in confirmative mode. Developing this powerful Patent Technology has been enabled by performing substantial Mathematical KR research about recent US Highest Courts’ patent precedents – published by Mathematical KR research papers and Amicus Briefs sub-mitted to the US Supreme Court and the US CAFC (Court of Appeals for the Federal Circuit) as to KR insights so obtained into the problems of SPL precedents, e.g., when dealing with claimed emerging technology inventions, in particular CIIs (Computer-Implemented Inventions).

Pages: 7 to 16

Copyright: Copyright (c) IARIA, 2014

Publication date: March 23, 2014

Published in: conference

ISSN: 2308-4375

ISBN: 978-1-61208-329-2

Location: Barcelona, Spain

Dates: from March 23, 2014 to March 27, 2014