For anyone who attended the PIUG conference in Denver earlier this month, you may have left Denver with the impression that patent analytics and patent data mining are well on their way to supplanting more traditional approaches to searching and reviewing patent information. It's apparent that some businesses have certainly succumbed to the hype. And it's easy to see why. It seems these days that a variety of analytic programs are popping up with the promise of reducing, if not eliminating, the labour intensive task of searching patent information and having to review each patent document one by one.
The promise of patent analytics certainly looks appealing. The ability to cluster the data, understand the relationship between the nodes in citation maps or create patent family trees without having to review hundreds if not thousands of records can be a time saver when looking for trends. It can provide a useful overview before embarking on a particular R&D direction, but it will not tell you whether the particular outcome of R&D (i.e. the invention) is novel.
When one attempts to work with these patent analytic programs, one discovers that the data needs to be cleaned and categorized and that this endeavour takes time. And it takes time to understand and interpet the data output and then transform that understanding into something the CEO will understand. Not to mention convincing the CEO to pay the hefty price tag attached to some of the analytic tools out there.
Even if a contour map shows you "white space", how can you be certain that there isn't an unbeknownst patent lurking in that supposed white space that could pose a real patent infringement risk? It's foolish to assume that just because the map says there is nothing that there really is nothing. It all boils down to the strategy used to collect the data in the first place. As it currently stands, the patent analytic tools can handle the structured data of patents, such as patent assignee, but what about contextually understanding the unstructured data such as the description, where the patent applicant can make up or use whatever phrases it so chooses. You need a human to mentally draw the connections and understand whether the phrase "fastener" in the patent claim can mean a staple, VELCRO or a safety pin.
So until a computer can think for itself like a human, it appears that macro analysis of patent information will not supplant the micro analysis of patent information. There will still be a need for those patient souls who dutifully look through patent records one by one for that killer art or the "oh, oh, that could pose a serious problem" patent.
Don't you agree?
18 Comments
Hide/Show CommentsMay 30, 2012
Frazer McLennan
Hi "N"
Although we may use a semantic search to draw together a list of relevant publications, there will always be a need for a human in the latter stages to make a final determination. Necktop computers are far more able to distinguish semantic notions than any other type of computer. It's just that we do it much more slowly.
May 30, 2012
Henry Chang
Hi Frazer,
I fully agree with your view point. Patent analysis is an art rather than a skill. Computer software can only do sorting, counting and graphical presentation. Only human can read and think and imagine, which is the true value of human.
Henry
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Muchiu (Henry) Chang, PhD. Cantab
Patent Competitive Intelligence Researcher
Monte Carlo Modeling Simulation Expert
henry.chang212@gmail.com
May 30, 2012
Kristian Luoto
Hi there;
It is just a fact that the amount of documents to be searched increase with a pace that it sometimes, or even often, it does not matter how good your seach profile is, it still retrieves too many documets to be reasonably browsed necktop (nice word, like it..;0), at least for "routine" searches. The obvious remedy is to add new restrictions to the search that reduces the recall.
In view of this, alternative strategies, e.g. using semantic searching for potentially first broadening the search base, and then apply analysing tools for doing the "drill-down" (instead of adding sketchy boolean manipulations), need to be taken seriously. It may be the same kind of paradigm shift when we abandoned manual searcing if favour of online. Also then similar concerns were rised about how to gain a deeper understanding of things just from a flickering screen? But tools got better, and they continue to do so.
However, patent analytics is no magic stick. Thorough knowledge of searching, indexing and classification will never get old-fashioned. Beware of "one-click" analyses! It is also of importance to select a tool that is not too much of a "black box", but is still easy to use. The learning threshold is otherwise lurking behind the corner.
One need to use discretion of course. Finding "white holes" is indeed more difficult than to spot the black ones. I would use sanity checking to complement such searches, looking into NPL and internet. After all, if there are no products out there, then why not let it have a go? A relatively new and useful feature I've seen is the capability to compare search results, and thus also portfolios. Licensing seem to gain importance, and there are more high-profile litigation cases out there than I remember seeing before. Analytics tools are indeed making progress in the areas they were originally intended for - to show the CEO you are worth listening to!
Cheers,
Kristian
May 30, 2012
Henry Chang
Hi Kristian,
To my personal experience, analyzing a patent is just like analyzing a resume. An experienced HR only spends 15 seconds on one resume. I believe this is just the amount of time that an experienced patent analyst needs to surf the USPTO full-text search results to obtain the first round screening list. Computer software can do better than those inexperienced people, but cannot compete with experienced analysts.
When I worked for the Region of Peel government in Canada, I proposed and worked out an initiative to match the professional expertise of highly educated immigrants with employers' patent competences. Therefore, I compared the job seekers' resumes with employers' patents and tried to find the potential matches. This is an intellectual activity. No computer program can do this.
Henry
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Muchiu (Henry) Chang, PhD. Cantab
Patent Competitive Intelligence Researcher
Monte Carlo Modeling Simulation Expert
henry.chang212@gmail.com
May 30, 2012
Henry Chang
Hi "N"
I don't believe there will be any human-made machine can do what human can do in thinking, imaging and all kinds of intellectual activities. If there were such machine, it will be a paradox.
Henry
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Muchiu (Henry) Chang, PhD. Cantab
Patent Competitive Intelligence Researcher
Monte Carlo Modeling Simulation Expert
henry.chang212@gmail.com
May 30, 2012
Rex Yeap
Hi Henry,
>I don't believe there will be any human-made machine can do what human can do in thinking,
>imaging and all kinds of intellectual activities. If there were such machine, it will be a paradox.
Just like trips to the moon, smashing atoms, non carbon-based life-forms, many other inventions/discoveries were seemingly impossible (with paradoxes) in the past, so is the vision of artificial intelligence.
A review in the developments of AI technologies would probably surprise most people and like many inconceivable inventions/discoveries of the past, this too shall be achieved in time to come. Instead of a paradox, I see artificial intelligence (in 3001 or sooner) as complementary to sentient life - evolution, with blessings from higher powers.
Have a good week ahead.
May 30, 2012
Henry Chang
Thank you Rex,
Just like Cynthia said, computer and software is nothing but a tool. I have seen smart people doing research by only a pen and a piece of paper. This is what I called intellectual capability. AI is always artificial, and won't become real intelligence, otherwise, human will be terminated by the machine they created.
Henry
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Muchiu (Henry) Chang, PhD. Cantab
Patent Competitive Intelligence Researcher
Monte Carlo Modeling Simulation Expert
henry.chang212@gmail.com
May 30, 2012
Rex Yeap
>computer and software is nothing but a tool.
Ouch.
>AI is always artificial, and won't become real intelligence, otherwise, human will be terminated by the machine they created.
I will reserved the discussion on the philosophy of artificial intelligence for another day, in another place.
May 30, 2012
PIUG Member-N
The need for manual micro-level analysis for patentability, infringement, validity and other types of research and analysis is not going away within our lifetimes. I find it frustrating that even very experienced people in this field seem to think that the manual efforts will be replaced soon by text mining and data visualization tools. All I can say is they may need a reality check. The tools currently have extremely limited application (only to a few very specific questions high-level that arise) and they do not even touch on the large majority of questions relating to the need for and usage of patent information.
(I did not make the original post.)
May 30, 2012
Cynthia Barcelon Yang
I agree with most of Kristian Luoto's comments. I would like to add that patent analytics tools are just that - tools. These analytics tools are not going to replace human manual analysis. Advances in computing technologies have made these patent analytics tools available to facilitate processes that we have been doing mostly manually for decades. As Rex Yeap said, "having great tools definitely help".
While most the analytics tools available today look at the macro-level analysis (counting, sorting, etc.) based on structured meta data like patent assignee, patent country, etc., micro-level types of analytics tools are becoming available that uses semantic/natural language processing technologies (eg, contextual and conceptual analysis). Of course, they are not perfect, but progress is being made. Who knows, someday analytics tools may be one of our routine desktop tools just like the computer....which started out as a special government project to "crunch numbers" in a "huge, big black box" and has gone through decades of development and innovation..and is now a "must have" tool that we all depend upon for our daily work.
May 30, 2012
Henry Chang
Yes, Cynthia,
Computer or software is only a tool. It should not replace the role of human. It is just like a knife to a chef. No knife can take the position of a chef.
Henry
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Muchiu (Henry) Chang, PhD. Cantab
Patent Competitive Intelligence Researcher
Monte Carlo Modeling Simulation Expert
henry.chang212@gmail.com
May 30, 2012
Cynthia Barcelon Yang
That's true, Henry. I like your kitchen analogy.
Therefore, rather than "burying our heads in the sand" and deriding the usefulness of current state of these tools (which are not perfect...yet), I would encourage that we take advantage of these tools, learn how to use them, and find ways to work with vendors and our clients on how to apply and improve these tools. In the long run, I believe they will benefit all of us.
May 30, 2012
Rex Yeap
1. Patent mapping / text mining / data mining / landscape are top-down activites.
2. Prior art searches / infringement searches / validation-invalidation searches are bottom-up activities.
Neither is going away anytime soon. Having great tools definitely help.
Happy researching - Past, Present and Future.

May 30, 2012
James D Johnson
Well, you just knew that this was going to be a lively discussion.
I like to tell people that I'm a greedy, self-centered user and that tools that make my job easier are good tools. And patent analysis tools can make part of my job easier. For me, these tools are able to crunch through raw data (from simple inventor counts to landscapes) that are really be too large or diverse for me to get through in any kind of timely fashion. Once the tools have done their job, it's time to do mine. I generally find the results from patent analytics to be the jumping off point for me to ask the best questions. Why is this grouping or segment so large? Who are these players and how are they using this technology? Why is this space so empty? Once I have my questions lined up, I start to dig into the specific patents, companies or people and see what answers I get. Not surprisingly, those so-called answers just lead me on to other questions. Also not surprisingly, I tend to use the word iterative a lot.
So, as a number of people have already stated, the human mind is still the most important tool we have. This is true not only in being able to make connections, decisions and more related to patent information, but even more so in that we do not live or operate in a vacuum. Patents and patent information need to be viewed in terms of company strategies, tactics, markets - unmet consumer needs - how unrelated technologies are developing - cost issues - and on and on.
Maybe one day we'll get to the point where creepy HAL / Dave conversations are happening, but I'm not worried about it yet........hey, would someone open up this door? Anyone?
May 30, 2012
Rex Yeap
>Maybe one day we'll get to the point where ... HAL / Dave conversations are happening,
>but I'm not worried about it yet........hey, would someone open up this door? Anyone?
Open sesame: http://www.loebner.net/Prizef/loebner-prize.html
In brief, we are not there (yet).
May 30, 2012
Kristian Luoto
Wow - a good discussion going on! I like James's HAL comparison - but to all of you, this is not the point, is it?
Like machine translations, also the analytics tools gain in intelligence - they are adaptive, they learn, they crunch millions of documents behind the scenes.. they will finally get you! But... the issue is not to compete with them, like with HAL in the end - but to use them to beat the s..t out of your competitors!
Sorry, I cannot help I'm seeing the good old NIH attitude here and there. But never mind, time will show. Meanwhile, I will keep my eyes and mind open for new and improved tools. And if you read my first comment, you'll see the word "disrcretion" there... but some tools make automatic claim charts as well... Boo!
Cheers,
Kristian
May 30, 2012
David Shobe
I don't think the patent analytics software is supposed to replace "traditional" searching or what you call micro analysis of individual documents.
However, it seems that patent analytics is becoming a mandatory part of a search professional's toolkit. In that sense, it is the future (or even the present) of patent searching.
Unfortunately (and this is somewhat of a tangent for further discussion), if computers get better at semantic processing (remember Watson, the current Jeopardy champion?), computers may be able to replace us as searchers/analyzers in the not too distant future...even if they don't, on a metaphysical level, truly "understand" either the content of the documents being searched or the question asked by the end user. Just as most people use search engines to acquire general information from the internet, without consulting a human search specialist for that task.
--David Shobe
May 31, 2012
Rex Yeap
"Creative destruction is the observation noted by Joseph Schumpeter (1883-1959) that a capitalistic economy is inherently driven by innovations, which are intertwined with the destruction of old parts of the economy and the creation of new... More to the point of the economy, innovations are inherently better than existing activity. That's what makes them innovations. Being better, they eventually replace existing activity. Cars replace horses. Airplanes replace trains. Computers replace typewriters. MP3 players replace CD players. Incandescent light bulbs replace candles. As production of the new increases, production of the old necessarily declines."... source: http://www.amosweb.com/cgi-bin/awb_nav.pl?s=wpd&c=dsp&k=creative+destruction
We need to stop worrying or worry less (at this moment) about the possibility of great software replacing humans.
Let's focus on the half full glass of water.