Technical intelligence in a dot.com milieu: A Dialog / Dialog ...acscinf.org/docs/meetings/226nm/presentations/226nm15.pdfDomain Name Disputes • Cybersquatting. “Bad Faith” registration

Technical intelligence in a dot.com milieu: A Dialog /

Dialog DataStar PerspectiveJames J. Heinis

Dialog CorporationJavits Convention Center 1E21

1:30-2.00September 7, 2003

[email protected]

9/25/2003JHeinis_ACS_NYC_20032

What is Technical Intelligence?

• The business behaves like an organism in an ecosystem.

• Technical Intelligence enables the organism to sense its

environment.


Information Aggregators provide methods which allow the business to sense its environment.


Overview of Technical Intelligence

• Information technology has led scientists to view literature as falling into three groups.

• Pre-information technology (I.e. pre-1970’s)

• Mainframe oriented technology era (1970’s-1990’s)

• W W W era (post 1995).

• One must reach “back in time” because science/engineering/intellectual property build on precedent. Sometimes, you need to “chase references.”


Technical Intelligence

• This presentation will illustrate how to use the strengths of Dialog and Dialog DataStar for technical intelligence.

• Finder files are used to identify relevant databases and to isolate synonyms to form a temporary search save. This search save can be executed in additional databases.

• Prior art information is generally found by searching scientificdatabases (well documented), industry specific databases and intellectual property databases.

• This paper will explain how to use the major databases in patents, trademarks, and domain name. Enterprise solutions can be used to deliver results from periodic database searches (alerts) to corporate intranets.


Choice of Database Aggregator Depends on Content

DataStar files identified by a four letter acronym. e.g. CPBM.

National origin = CH (Switzerland), ES (Spain), F (France), I (Italy), UK

CPBM, CPBA = Current Drugs Fast Alert

AINS, MIRA = Automobile Databases.

HSDB, HSLI, UFOR, ULIT =

Hazardous Substances Db.

FOFL = Food Launch in the UK.

LZMG = Lebensmittel Zeitung

DPMS = Pharma News Mktg. Ser.

GPGP = Gen Practitioner.

IOWA = IDIS Drug File

KOSM = Cosmetic Science

MART = Martindale

NAHL = CINAHL (Nursing)

NUTR = Nutraceuticals


When to choose Dialog vs Dialog DataStar?

Dialog for Intellectual property

Patents (15 files),

Trademarks (23 files)

US Copyright (1 file)

Dialog DataStar for European Content

and specific unique files.


Search Cycle

• Using an iterative search strategy, it is possible to take maximum advantage of the capabilities of the information aggregator’s system.

• This is done using a command line search methodology.

Object:

• Identify the files of interest

• Identify the synonyms and indexing terms which

achieve maximum retrieval

• Create and save a temporary search save.

• This temporary search save can be executed in other files.


Search Cycle on Dialog

•


Search Cycle on Dialog DataStar


Search Methodology: Identify Database using Finder Files

General Finder Files

B 411

SF FILE_GRP

RF

SAVE TEMP

B HITS

EXS

CROS

TERM

Follow Menus

..p 3 para 1-5

Search strategies are rarely optimal for finder files.


Isolate Synonyms for Chemical Substances

DIALOG


Isolate Synonyms for Chemical Substances

Dialog DataStar

ADRD (ADIS)

CSEM (Chem Source)

CHZZ (CA Search)

EMZZ, ENYY (Embase)

HSDB (Hazardous Substances Database)

IPIP (IMS Patent Focus)

PHAR (Pharmaprojects)

PRDR, PRFU (Prous Drugs of the Future)

Fewer files permit searching on CAS RN’s


Intellectual Property Files (Dialog)

• Patents – legal document between inventor and government.

Legal monopoly for a defined term is given in exchange for disclosing details of invention.

Patent files focus on utility patents (new and useful process, machine, manufacture or composition of matter).

Usual term (USA): 20 years (since June 8, 1995). Extensions are possible for pharmaceutically related patents.

USA, Canadian, Mexican patent law:

Patent is awarded to the first to invent.

Most countries: Patent is awarded to the first to file.


Patents in “Non-patent” databases

Patents may be found in

subject-specific files.

Can MAP between

files to gain detailed

information.


Patents in Dialog Patent Databases


Choice of Derwent vs INPADOC depends on coverage


Beilstein (390) is also a good source of pre-1979 chemical patents


Problem Areas in Patent Searching

• Patent databases use the Official Gazettes of the nations being covered as the source of their data. If the Official Guide does not cover patents of interest, they will not be retrieved. Less developed countries often accept patents which have been granted in France (Francophone) or Great Britain (Anglophone).

• Canada - Canadian Patent Gazette does not give information about Canadian Patents based on PCT applications.

• Japan and Taiwan Patents. Nomenclature differs between Kokai (Unexamined Application No): PN=JP EENNNNNN, Kokuku (Examined Application No): PN=JP YYNNNNNN (post 2000: YYYYNNNN). You still need to translate the documents because they are completely in Japanese script. Dialog1 has a module which takes this into account.

• Australia. The country code for Australia is AU, this is the same abbreviation as used for the Author field.

• Latin America. Patents are generally not covered extensively. Can find them through a Spanish site (www.oepm.es/internet/bases_datos/inven.htm)


Cross-File Searching takes Maximum Advantage of Database Design.


Pharmaceutical Patents have Specialized Coverage.

USA Approval lists are available on the web. (e.g. FDA

Orange Book)

Specialized files

(IMS Patent Focus 447)

focus on pharmaceutical patents and their term

extensions.


Post-issuance activity

• Maintenance fees are often required at 3.5, 7.5, 11.5 years after issuance to prevent patent lapse (USA). If fee not paid, patent is abandoned. The patent then goes into the public domain.

• USA Fee amounts are published in Federal Register (File 180).• USA maintenance fees: 3.5 y ($445/$910); 7.5 y ($1045/$2090); 11.5 y

($1610/$3220) (small entity/other than a small entity). Small entity = individual inventor, small business and nonprofit organizations

• There is a surcharge for not paying fees on time. Europe, UK: Fees are annual.

• Other information: Reissue, reassignments, security interests.• Security interests must be recorded with USA state authorities.• File 123 (Claims, Reassignments) for USA.• File 345 (INPADOC) for Western Europe, PCT members, WIPO (65

countries)• File 670 (Litalert): USA Patent Litigation.


Patent Litigation

• Litigated patents tend to be valuable patents (Allison et al., 2003).

• Litigation is most frequent for pharmaceuticals, information technology and communications.

• These also tend to have more divisions, continuations in part and take longer patent prosecution times (4.13 y vs 2.77 y)

• Allison, J.R., Lemley, M.A., Moore, K.A. and Trunkey, R.D. 2003. Valuable Patents. Georgetown Law Journal. Available on the Web at http://www.law.uchicago.edu/Lawecon/workshop-papers/lemley.patents.pdf


Where US Patents are Litigated


Dialog’s LITALERT from Derwent (File 670)

Patent and Trademark Lawsuits files in US District Courts and reported to the US PTO. Also included are records for thousands of suits filed since the early 1970s which have never been reported in the Official Gazette.

DIALOG (file 670), Questel.Orbit (file LITA) and Westlaw. • File 670:LitAlert 1973-2002/UD=200332? e pn=us 6294206

Ref Items Index-termE3 2 *PN=US 6294206

? t s1/9/1-21/9/1

DIALOG(R)File 670:LitAlert(c) 2003 Thomson Derwent. All rts. reserv.

00060041LitAlert Number: P2002-19-03Related LitAlert Numbers: P2002-09-01Record (Document) Type: Patent (Utility)Patent Title: Powered human milk fortifierPatent Number (Date): US 6294206 (20010925)Patent Assignee: Abbott Laboratories, Abbott Park ILCourt - Docket Number: Illinois, Northern Dist. - 02 C 0387Plaintiff: Abbott LaboratoriesDefendant: Mead Johnson & CompanyFiling Date: 20020116Subsequent Action Date: 20020408Action Taken: Minute order entered.

Using docket number, and court,You can obtain text using

http://pacer.uscourts.gov if you have account


Trademarks on DIALOG

Trademarks are words, slogans, designs or other symbols used by a business or other services to distinguish it from its competitors. Trademark activity

is important in competitive intelligence because they reveal potential business activity.

For a chemical searcher, searching the trademark files may give an insight into the composition of products, which are known by their trade names. This augments information, which is available in the chemical substance

name finder files (File 398 or CNAM) that have been previously discussed.

Trademark term length in the US was 20 years (pre-1989) which was changed to 10 years (renewable).

Most countries have a term length of 10 years.

In Canada, the term length is 15 years.

USA Trademark infringement lawsuits are given in Litalert (File 670).


Country Coverage for Trademarks

Coverage

Europe, North America,

Japan

Latin America, Australia, NZ, South Africa not covered


Madrid ConventionIn Madrid Convention countries, a trademark applicant can file a trademark with national office of home country and can request

registration in other countries through WIPO.USA implements

Madrid filings November 1,

2003


Trademark File Strategies on Dialog (22 files)

Search Strategies

Owner, Trademark Name, Design

Elements, Goods & Services, Class

Code(s)


Domain Names on Dialog

• The Domain Name database is unique to Dialog.

Domain names are

very important

for Internet commerce.


Domain Name Disputes

• Cybersquatting. “Bad Faith” registration of a domain name. Often the intention is to profit from goodwill of trademark belonging to someone else.

• A Victim of cybersquatting in the United States can sue under the provisions of the Anticybersquatting Consumer Protection Act (ACPA 15 USC Sec. 1128 (15 USC Sec. 1128 see http://uscode.house.gov/usc.htm)

• The Internet Corporation for Assigned Names and Numbers http://www.icann.org/udrp/udrp.htm governs domain name conflicts in the US.

• The World Intellectual Property Organization’s WIPO Arbitration and Mediation Center http://arbiter.wipo.int/domains/gtld/index.html (WIPO) also is involved in dispute resolutions.


Enterprise Solutions

• Data from periodic searches of database content (alerts) may be fed into corporate intranets. Data can be stored and searched (using search engine on database host or on customer’s site). Alternately, data can be fed into corporate site, examined by filter software and fed to users who are on corporate network.


Enterprise Solutions


Conclusions

A searcher must be aware of the content in a wide range of systems so he/she can select the appropriate databases.

By using Boolean Searching techniques, an understanding of database structure and taking advantage of iterative search strategies, a searcher can use these systems to isolate technical intelligence which may be otherwise overlooked.

Use of finder files is an essential part of a searcher’s arsenal.Once effective searches have been created, results from periodic

database scans (alerts) can be delivered through a corporate intranet as an enterprise-wide solution. After delivery, these Alert results can be searched using enterprise oriented search software (Lotus Notes) or by using a host’s native search language (PRIV and Dialog DataStar).

Documents

Technical intelligence in a dot.com milieu: A Dialog / Dialog ...acscinf.org/docs/meetings/226nm/presentations/226nm15.pdfDomain Name Disputes • Cybersquatting. “Bad Faith” registration