Understanding Patent Lineage and Tools for Creating Patent Lineage Diagrams
A group of interconnected patents form a patent family. These families often cover related inventions or enhancements. For example, an inventor might file an initial patent application for an early version of an invention and a subsequent application for an improved version.
Understanding these relationships is vital for creating an effective global patent strategy, as they have legal consequences. Child applications benefit from their parents and the prior art used against a patent family can impact the inventions' features, among other considerations.
Patent practitioners, innovators, IP owners, investors, and licensees must understand these relationships to optimize their patent portfolios. One method to expedite this process is through a patent family tree, which visually illustrates the relationships between patent family members.
Patent family tree generators are a recent category of tools that automatically create patent family trees. Historically, patent lawyers or paralegals would manually construct a family tree by reading a patent's priority claims, a time-consuming and error-prone process.
Nowadays, patent family tree generators like Patentscope, Espacenet, and Triangle IP automate this process, making it more efficient. These tools can also generate various visualizations, making it quick and straightforward for observers to grasp patent family information.
A patent family consists of patent applications and patents with interconnected priority claims. A priority claim allows a later-filed application to utilize the filing date of an earlier-filed application for prior art reference purposes.
To understand the significance of a priority claim, consider an example. If you file a patent application that claims Feature A, start marketing your product with Feature A, and then invent an improved version of the product with Feature A+, in the US, the Feature A+ could be considered patentable as it was not known or obvious with the knowledge available on the filing date. However, the patent application and product with Feature A could be used as prior art against the application with Feature A+ if it has an earlier filing date, protecting the new feature from being considered obvious.
Different types of priority claims exist, including continuation applications, continuation-in-part (CIP) applications, divisional applications, non-provisional applications based on provisional applications, and US National Stage applications based on international or foreign applications. Each of these types of claims creates a new patent family member.
To determine which applications are part of a patent family, one must understand the various types of claims that can be found in a patent application. In the US, a patent application can claim the priority of an earlier-filed patent application that was still pending on the later-filed application's filing date.
Visualizing members of a patent family can be done by starting with the earliest-filed application, the parent application, and tracing relationships through divisional, continuation, CIP, and national stage applications. These relationships determine the family structure, and each application's priority claims identify familial relationships.
While priority claims are usually included in a patent application when it is filed, it's essential to note that the applicant can modify these claims during the application's pendency, adding new priority claims or deleting existing ones. Additionally, missing priority claims can be added at a later stage if the patent examiner requires or if the applicant realizes an oversight.
When examining the history of a specific patent, a patent family tree allows you to instantly research other patents and applications in the family, providing valuable insights into the evolution of the invention.
Patent family tree visualizations can take two forms. The first, a traditional patent family tree, uses a genealogical layout, with each box representing a separate patent or application, placed on a horizontal time scale that shows each application's filing date. Parent applications are usually positioned at the top, and children below them.
The second type, a Gantt family tree, displays each patent application as a bar representing its filing date and expiration date or anticipated expiration date. This type of visualization is helpful for identifying the pendency of each application within the family and the family members filed during the period to create a valid priority claim.
Additional information about a patent application in a family tree can be accessed through pop-ups or links that provide bibliographical information such as serial numbers, filing dates, the names of the inventors, and abstracts.
Patent family trees offer valuable benefits for inventors, patent lawyers, corporations, and patent licensors. They can help:
- Assess the strength or value of a patent portfolio by evaluating its validity, breadth, interconnectedness, and lifespan.
- Identify potential competitors or partners by understanding the inventions in other companies' patents.
- Identify potential licensing opportunities or infringing products by examining the patent landscape and identifying areas for collaboration or infringement prevention.
- Track and maintain a patent portfolio by visualizing applications, identify gaps, and ensure compliance with maintenance requirements.
Three free patent family tree generators are available to automate the creation of patent family trees. These tools use databases like the US Patent Office's Public PAIR and INPADOC to generate family trees, ensuring their accuracy and reliability. They also run entirely online, eliminating the need for expensive dedicated servers. The available tools include Patentscope, Espacenet, and The TIP Tool from Triangle IP, which generates detailed patent family tree visualizations.
- A patent family, composed of patent applications and patents with interconnected priority claims, is instrumental in crafting an effective global patent strategy due to its legal implications.
- Child applications have the benefit of their parents' priority dates, while the prior art used against a patent family can impact an invention's features.
- Patent family tree generators, such as Patentscope, Espacenet, and Triangle IP, automate the creation and visualization of patent family relationships, making the process more efficient and accurate.
- Priority claims, like continuation applications and non-provisional applications based on provisional applications, create new patent family members, shaping the family structure.
- To determine a patent family's members, one must analyze various types of claims found in a patent application in the US, which may claim the priority of an earlier-filed application still pending on the later-filed application's filing date.
- Visualizing a patent family can be done using traditional patent family trees or Gantt family trees, providing valuable insights into the evolution of the invention and offering benefits for inventors, patent lawyers, corporations, and patent licensors.
- These benefits include assessing the strength or value of a patent portfolio, identifying potential competitors or partners, discovering licensing opportunities, and tracking and maintaining a patent portfolio effectively.
