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Searching for patents can be hard and risky. Patent applicant often use a variety of technical terms to describe a common concept, and patent examiners can use inconsistent patent codes for inventions in a given area. It is not surprising that many relevant patents are missed.

But what if instead you could draw upon the expertise and knowledge of other patents searchers in the same area? They might have used different keywords and patent codes, and found different patents. They might have found different patents to what you have found - and these different patents may be what you are looking for. This would be like getting a second opinion - and at little cost to yourself.

This of course is the underlying promise of citation searching, which is the basis of AmberScope, our new patent searching tool. To demonstrate this, we might try with a patent filed by Swiss watch company Swatch in 1999 for a Radio telephone timepiece including a SIM card., being US patent 6224254. This has the first claim of: 

A radio telephone watch intended to be used in a mobile communication system, said watch including a case and a wristband allowing said watch to be worn on the wrist,

wherein the watch further includes:

a casing associated with a first strand of said wristband and capable of receiving, in a removable manner, a SIM card (Subscriber Identity Module) allowing access to said mobile communication system;

an electronic module arranged in said watch case and allowing access to data stored in said SIM card; and

electric connection means between said SIM card and said electronic module, integrated in said first strand of the wristband.

Given the current interest in Google watches and iWatch, this could be a very valuable patent. But putting aside this potential for now, what could AmberScope tell us about this patent? In the image below, we show the results of a search for US6224254 within AmberScope.

swatch-searched_drawings.gif

This image below shows the patents connected as forward and backward citations to US6242454, as well as a few of the potentially most important indirect citations (ghost patents, shown in a faded view). There are only 22 patents shown - it does not take that long to review them individually.

Among the ghost patents found is US4847818 for a 'wrist watch telephone', filed by Timex in 1988. 

Timex-watch-found_picture.gif

This was apparently missed by the examiner for the Swatch patent, but the examiner for US patent 5144599 filed by Junghans Uhren GmbH in 1990 for a Autonomous radio-controlled timepiece  did think that the Timex patent was worth considering. Of interest, this patent does not disclose a wrist phone at all, but instead a means of correcting the time displayed on the watch using a radio signal. This is a quite different invention.

Ordinarily, a patent searcher might say 'what value is this irrelevant patent?', but the value in this patent is that its examiner happened to find a relevant patent, namely the earlier Timex patent.

Since the Timex patent is so relevant, it is worth making this the centre of the network within AmberScope, using the 'more' button, which also shows that this patent has 135 additional forward or backward citations not shown in the map above.

 more.gif

 

If we start reviewing these patents with the "Next' button (the button on the bottom left of the screen that systematically works its way from the highest AmberScore value in the patent to the lowest), we soon come across US5889737 to Motorola (now owned by Google) filed in 1996.

motorola-phone-found_drawings.gif

And which discloses in part: 

The device 10 includes an electronic unit 12 intended to be worn, for example, on a user's wrist...The electronics necessary for making a watch, or for that matter, a portable cellular phone, two-way radio or selective radio receiver, such as a pager, are well known in the art, and may be incorporated into the electronic unit 12.

Or in other words, a watch phone. We could also refocus the network on this Motorola patent, but hopefully you have got the idea by now. As a matter of interest, this search was very fast, about 10 minutes start to finish.

Do this Motorola or Timex patent invalidate the Swatch patent? That is for other people to decide. But this point of this blog is that:

  • The examiner for the swatch patent US6224254 did a patent search, and found one set of results - which included the Junghen patent.
  • The examiner for the Junghen patent did another patent search, and found a second set of results, which included the Timex patent.
  • The examiner for the Motorola patent did a third search, and found a third set of results - which included the Timex patent.

Each set of search results is different - which for the Junghans patent is completely understandable, as it is for a very different invention. But the beauty of using AmberScope is that a patent searcher can quickly and easily benefit from all of these searches, and by doing so, benefit from the collective intelligence of the searchers in the network.

Or in other words:

AmberScope can help patent searchers avoid the risk of missing patents already found by other searchers

And who wants to be the patent searcher that not only misses relevant patents, but misses relevant patents already found by other searchers?

Using AmberScope, by the way, does not mean that you should give up your traditional keyword and patent code searches - these still can be valuable. Instead, AmberScope can be used to further explore the 'neighbourhood' of the most promising patents you find using conventional methods to provide a second opinion.

Or, in other words:

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On Jan 13 Florian Mueller, @FOSSpatents, wrote a blog post on the preliminary ITC ruling Motorola - Apple covering three patents, "including a strategically important one".

Having published an extensive report on the Smartphone Patent Wars in March 2012 (complimentary download available now) of course we were keen to understand how Network Patent Analysis (NPA™), which we had applied in the report, had ranked these patents by their strategic dominance or relative value. 

Florian Mueller writes "Whatever the reason for picking only three patents might have been, I believe two of those are less important than the third. The less important ones are U.S. Patent No. 5,379,430 on an "object-oriented system locator system" (yes, "system" appears twice in the title) and U.S. Patent No. 7,812,828 on an "ellipse fitting for multi-touch surfaces". The '828 patent is one of many patents Apple is asserting against Samsung in the United States, but it isn't nearly as essential to Apple's litigation strategy as another patent at issue in this preliminary ITC ruling and in use against Samsung in Apple's federal lawsuit in California: U.S. Patent No. 7,663,607 on a "multipoint touchscreen". The '607 patent is the broadest touchscreen-related hardware patent Apple has, and if the courts interpreted it as broadly as Apple would like them to, it would be extremely hard to work around."

 

So what did we find? The '607 "multi-touchscreen" patent referred to as a 'strategically important patent' was ranked as the single most dominant/ highest ranked patent in our analysis of the top  7,100 Smartphone patents, both within the technology cluster we identified as the "Touchscreen Cluster", as well as the overall Smartphone patent landscape. 

The '828 patent "Ellipse fitting for multi-touch surfaces", asserted by Motorola against Apple, and Apple against Samsung, ranked 9th in our report. (See the table to the left or report for further reference)

The only missing patent number of the three mentioned above was U.S. Patent No. 5,379,430 – which came in #361 in our ranking. This patent was regarded as ‘less important’ by FOSSpatents.

It is a great and encouraging result to have a strong alignment between our analysis and Florian’s analysis regarding the top ranked patent in the smartphone wars. 

 

 

Network Patent Analysis (NPA™) has been previously used to review an earlier hybrid car patent allegation against Toyota, where we were able to show how NPA™ patent analysis provided results consistent with litigation outcomes. The patent in question was ranked 2nd in our list of 60,000 hybrid car patents.



 

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