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ISSN : 2005-0461(Print)
ISSN : 2287-7975(Online)
Journal of Society of Korea Industrial and Systems Engineering Vol.38 No.2 pp.17-30
DOI : https://doi.org/10.11627/jkise.2015.38.2.17

Quantifying the Process of Patent Right Quality Evaluation : Combined Application of AHP, Text Mining and Regression Analysis

Janghyeok Yoon*, Jaeguk Song**, Tae-Kyu Ryu***
*Department of Industrial Engineering, Konkuk University
**Department of Economics and Statistics, Korea University
***Korea Institute of Intellectual Property
Corresponding author tkryu@kiip.re.kr
March 23, 2015 April 7, 2015 April 7, 2015

Abstract

Technology-oriented national R&D programs produce intellectual property as their final result. Patents, as typical industrial intellectual property, are therefore considered an important factor when evaluating the outcome of R&D programs. Among the main components of patent evaluation, in particular, the patent right quality is a key component constituting patent value, together with marketability and usability. Current approaches for patent right quality evaluation rely mostly on intrinsic knowledge of patent attorneys, and the recent rapid increase of national R&D patents is making expert-based evaluation costly and time-consuming. Therefore, this study defines a hierarchy of patent right quality and then proposes how to quantify the evaluation process of patent right quality by combining text mining and regression analysis. This study will contribute to understanding of the systemic view of the patent right quality evaluation, as well as be an efficient aid for evaluating patents in R&D program assessment processes.


특허권리성의 정량적 평가방법에 대한 연구 : AHP, 텍스트 마이닝, 회귀분석의 활용

윤 장혁*, 송 재국**, 류 태규***
*건국대학교 산업공학과
**고려대학교 경제통계학과
***한국지식재산연구원

초록


    1.Introduction1)

    The ability to create, diffuse and accumulate intellectual property is becoming the core activity in modern knowledgebased economies, because IP is a key source for the sustain able development and future competitiveness of nations [29]. Regarding this, social ecologists have declared the future to be a knowledge-based society and said intellectual property, such as patents, will become the most important asset in economic activity [11]. In practice, leading companies and nations are increasingly formulating intellectual property strategies to secure their place in today’s competitive technological environment [22].

    In Korea, patents produced by government-supported R&D programs, called national R&D programs, have rapidly increased from 7672 in 2006 to 17969 in 2010 [35]. Despite the quantitative increase of patents, the Korean government has recognized that national R&D programs need to be further improved in light of the quality of their patents, such as technology transfer rates and royalties, to make them comparable with patents of the United States, Canada, and the EU nations (<Table 1>). For this reason, the Korean government is now putting great emphasis on the quality of national R&D programs. Several studies have stated the importance of evaluating R&D programs [15, 37], and thus it is expected that the quality evaluation of an R&D program could promote the affected research institutes and researchers to create quality patents [23].

    Patents are considered to be a proxy of technological advancement, and accordingly evaluating the quality of patents produced by national R&D programs becomes an important process for qualitative evaluation of R&D programs. In particular, the patent right quality, which indicates excellence in the legal protection of a patent, has been used as a key factor for patent value assessment, together with marketability and utility [16]. The patent right quality has two main components : the patent right scope and patent right strength [23]. As the quality measures of a patent, the patent right scope indicates the legal and technological breadth of the patent right, and the patent right strength means the technological solidity of the patent right. In addition, in recent national R&D policies, evaluating the patent right quality of patents by R&D program could be a useful source by which to formulate a quality strategy for R&D programs at the government level.

    However, the current approach for evaluating the patent right quality of national R&D programs has relied mostly on the human experts, who may be expensive or unavailable. In addition, the number of national R&D patents in Korea is rapidly increasing by various national R&D programs and this is making the expert-based evaluation process costly and time-consuming. In this regard, quantifying the process of patent right quality evaluation could be an efficient aid for technology-oriented R&D policy making processes.

    Therefore, we suggest an approach to develop measures for patent right quality that exploit the analytic hierarchy process (AHP), text mining and multiple linear regression analysis (MLRA). The proposed approach 1) defines a systemic hierarchy of patent right quality and uses patent attorneys to evaluate the patent right quality according to the hierarchical structure using AHP, 2) extract values for the variables affecting patent right quality using text mining of patent data, and 3) applies MLRA to develop the models for patent right quality by incorporating the evaluation results by patent attorneys and the extracted values of explanatory variables. The proposed approach is illustrated using information technology (IT)-related patents from the Korean national R&D patent database. This study contributes to a systemic view of patent right quality and in addition, its models will become an efficient aid to assist human experts in evaluating patents for R&D program assessment.

    2.Groundwork

    The proposed approach is based on AHP, text mining, and MLRA, so this section provides overviews for those theoretical backgrounds.

    2.1.Analytic Hierarchy Process in R&D Management

    AHP is a method for multi-criteria decision making [39] and a structured technique composed of 1) decomposing a decision problem into a hierarchy of more easily comprehended sub-problems that can be analyzed independently, 2) evaluating various elements of the hierarchy by comparing them with respect to their effect on an element above them in the hierarchy, and 3) converting those evaluations to numerical values that can be processed and compared over the entire range of the problem [38]. Using AHP, decision-makers can identify a numerical weight or priority for each element in the hierarchy, which distinguishes AHP from other decision-making techniques [17].

    By considering problems in R&D management as decision-making problems and priority identification problems, AHP-based studies have addressed issues on selecting government sponsored R&D projects (using fuzzy AHP) [18], building technology roadmaps [13], identifying key factors to R&D program evaluation [19, 26, 44], estimating the value of several technologies [6], analyzing national competitiveness in the area of hydrogen energy technology [24], and measuring the research performance of national R&D organizations [2, 43].

    Although AHP has been widely adopted for R&D program selection and evaluation, little attention has been paid to its application for patent right quality. This study uses AHP to define the importance of elements in the hierarchy of patent right quality.

    2.2.Text Mining in R&D Management

    Text mining, also called text data mining, is a process to analyze high-quality information from textual data [7, 41]. Generally, text mining extracts and then interprets patterns and features from textual information [20, 46]. Text mining has been widely used for studies related to clustering, classification, and retrieval because it is an efficient tool to extract significant patterns from massive textual information [4].

    In patent analysis, many researchers have adopted text mining. Studies have been conducted to identify similarities between patent documents and scientific publications [27], to extract terms and vocabulary patterns in specific patent domains [30], and to identify significant keywords for efficient patent search and analysis [25]. Some text miningbased studies have suggested visualization tools for R&D planning by forecasting the patent landscape [47], identifying new business areas exploiting text mining and data envelopment analysis [40], identifying technological trends constructing subject-action-object based networks of patents [8, 49], and evaluating the risk of patent infringement [3, 33].

    As made apparent by the prior studies, text mining is an effective tool to quantify content analyses of massive patent data. Therefore, it is incorporated into our approach to develop measures to evaluate a patent’s legal protection capabilities.

    2.3.Multiple Linear Regression Analysis in R&D Management

    MLRA is an approach to model the linear relationship between a dependent variable and one or more explanatory variables [1] MLRA has been used in much research to analyze the economic effects of R&D and intellectual property. Such MLRA-based studies describe the incentive effects of R&D investment in research productivity and firm growth [28], identify R&D effects for firms’ market entry condition and new product development [42], analyze the relationship among R&D investment, innovation, and economic growth in the EU [5, 10], and measure the effects of R&D investment and specialization for labor productivity growth [34]. Other studies using MLRA have identified the effect of intellectual property by analyzing the determinants of knowledge production and their effects on regional economic growth [32], analyzing collaboration patterns among regions, nations, and international partners by patent transfer [31], identifying innovation trends in NAFTA nations by exploiting an econometric analysis of patent applications [36], developing a patent alert system based on linear regression analysis of patent information [12], and forecasting patent trends of biotechnology by comparing linear regression and Poisson analysis [21].

    MLRA has been widely used to identify various effects of R&D and intellectual property from macroscopic and microscopic views. In this paper, we combine MLRA with text mining to develop quantitative measures for patent right scope and strength, which are the main components of patent right quality.

    3.Expert Group

    For the hierarchy definition and evaluation of patent right quality, we organized an expert group of IT-related patent attorneys (<Table 2>) with experience (avg. 7.9 years) in the IT fields of communication and network technology, robot technology, electronic device technology, and display technology. They come from various organizations, including government institutes, private companies, universities, and patent and law firms. With the expertise and knowledge of this group, we constructed a hierarchy of evaluation factors constituting patent right quality and identified the relative importance of each factor.

    4.Research Framework

    The proposed procedure to develop the measures for patent right scope and strength (which together form patent right quality) is composed of 1) defining a hierarchical structure of patent right quality, 2) identifying the importance of each element in the hierarchy, 3) defining explanatory variables for patent right scope and strength, 4) extracting values for the explanatory variables, and 5) developing quantitative models for patent right scope and strength by incorporating human experts’ evaluation results and the explanatory variables’ values (<Figure 1>).

    4.1.Defining a Hierarchy of Patent Right Quality

    Each patent document includes all the information related to an invention and contains bibliographic information, patent specifications, and claims (<Figure 2>). The bibliographic information includes patent numbers, application dates, applicants, international patent classification (IPC), and so on. The patent specification presents a detailed description, figures, and implementation examples of the invention. The claims explicitly describe the main points for which an inventor claims legal protection [48]. According to our expert group, patent right scope is strongly related to the patent claims because the claims can be legally protected. Patent right strength is mainly related to the patent specification section, which describes technological details and supports patent right scope with detailed description, including background, implementation examples, and figures.

    Thus, we identified the evaluation factors for patent right quality and defined their hierarchical structure in meetings with our expert group. The group concluded that the hierarchy of patent right quality can be represented as three levels : Level 1 (2 factors), Level 2 (6 factors), Level 3 (12 factors) (<Table 3>). An interesting point made by the expert group was that the sub-evaluation factors and their hierarchical relationships are not restricted to technology domains; that is, the hierarchy is feasible for other domains. However, the relative importance of each sub-evaluation factor could vary by technology domain, including nanotechnology and biotechnology, so we collected experts’ pairwise comparisons among the evaluation factors.

    4.2.Identifying the Importance of Evaluation Factors in the Patent Right Quality Hierarchy

    Using the hierarchy of patent right quality (<Table 3>), this step collected pairwise ratings of the evaluation factors at each level. To this end, we provided each patent attorney in the expert group with a pairwise comparison survey form. We designed the form so individual patent attorneys could evaluate the relative importance of all pairs of evaluation factors at each level in the hierarchy.

    With respect to the pairwise comparison on each level of the decision-making hierarchy, the consistency index (CI) of each decision-maker’s pairwise comparison matrix should be less than the threshold value 0.1 to ensure that each decision-maker is consistent in assigning paired comparisons [39]. Otherwise, the comparison results for a decision-maker should be reconsidered or excluded in calculating the importance of evaluation factors [45]. This paper identified all experts’ CI values with respect to Level 2 of the hierarchy; Level 1 and Level 3 have only two evaluation factors with respect to the factor above them, so they do not require a consistency analysis. All of 10 patent attorneys were adequately consistent in assigning pairwise comparisons because their CI values were all less than 0.1 (<Table 4>).

    Thus, this step identified the importance of each evaluation factor in the hierarchy using the pairwise comparison matrices of individual experts and AHP. Generally, the pairwise comparison matrices of human experts at each level can be integrated into a pairwise comparison matrix for AHP using the geometric mean [45]. We identified the importance of the evaluation factors from a hierarchical perspective (<Table 5>). Patent right scope (0.725) was significantly more important than patent right strength (0.275) in Level 1. In Level 2, breadth of claims (0.379), ease of substantiation (0.215) and sufficiency of examples (0.133) were found crucial. In Level 3, the most important evaluation factor was appropriateness of claim contents (0.275). Thus the critical factor in patenting inventive knowledge is how broadly and properly the patent describes the claim points. On the other hand, the sufficiency of drawings (0.016) and sufficiency of description (0.030) were found to be less important. Overall, evaluation factors that pertain to patent right scope were found to be most important.

    4.3.Defining the Variables of Patent Right Scope and Strength

    Defining dependent variables and their explanatory variables is a prerequisite to constructing our quantitative measures. In this step, we defined the relevant explanatory variables for patent right scope and patent right strength. Explanatory variables need to be derived carefully by analyzing their relationship with the dependent variables. To this end, we defined the explanatory variables using the hierarchy of patent right quality.

    Related to the evaluation factors in Level 2 of the hierarchy, the expert group identified 10 explanatory variables (<Table 6>). The explanatory variables, including “the number of drawings,” “the number of independent claims,” “the number of dependent claims,” and “depth of the claim hierarchy tree,” are all extractable by computational analysis of patent documents. Some variables, for example “the number of independent claims” and “depth of claim hierarchy tree,” can be identified by textual analysis, and some, such as “remaining period of a patent” and “the number of priorities,” can be directly identified from patent bibliographic information. The expert group found that each explanatory variable relates to one or more evaluation factor in the hierarchy (<Figure 3>). Some variables, such as “the number of independent claims,” directly affect both patent right scope and strength, and some, such as “the number of drawings,” relate only to patent right strength. Although “the number of citations” has been widely used for patent analysis, we do not use citations because their use is not mandatory in Korean patents.

    4.4.Extracting Values for the Explanatory Variables

    This step extracted values for the explanatory variables by analyzing patent information such as bibliographic information, patent specification, and claims. Generally, the information in patent documents available online can be stored in an electronic format, such as a text file or a Microsoft Excel file, from the patent database. Some explanatory variables, including “remaining period” and “the number of priorities,” could easily be identified by simple computation of numerical information, whereas other variables, such as “the number of detailed descriptions,” and “depth of claim hierarchy,” could be identified by the analysis of textual information (<Table 7>).

    4.5.Developing Quantitative Models

    In this step, we collected values for the dependent variables, patent right scope and strength, through expert evaluation of the sample patents. To this end, the 10 experienced patent attorneys of our expert group were asked to evaluate the patent right scope and strength for the sample patents on a scale from 1 to 9. Then we calculated the average evaluation scores for the sample patents (<Table 8>). We then used those scores as the dependent variable to develop the measures for patent right scope and strength.

    We then used MLRA to construct the quantitative models for patent right scope and strength using the values of the independent variables and the experts’ evaluations. For MLRA of the models, we summarized the distribution of the variables (<Table 9>) and conducted a correlation matrix examination (<Table 10>). The matrix suggested that the explanatory variables are not highly inter-correlated; generally, correlation of 0.7 to 0.8 indicates a strong positive correlation, 0.5 to 0.6 is normal positive correlation, and below 0.4 is weak correlation [14].

    The regressions for the patent right scope and strength turned out to be proper : an adjusted R2 of 60.9% for patent right scope (<Table 11>) and an adjusted R2 of 54.4% for patent right strength (<Table 12>). Next, the general F-test for the model significance rejected the null hypothesis on the effect of all explanatory variables in each MLRA model, so the two models were found significant.

    In the analysis of the patent right scope, we found that all 6 explanatory variables were significant (<Table 11>). The only variable with a negative effect on patent right scope was “the average number of words in independent claims” : when that variable increases 1, the patent right scope decreases by 0.007. Some of the explanatory variables had strong positive effects on patent right scope : “the number of priorities” (0.8661), “the number of independent claims” (0.2798), and “depth of claim hierarchy tree” (0.2227). Of particular note, “depth of claim hierarchy tree” was newly introduced as an explanatory variable in this research, and its effect suggests that a deep and wide claim hierarchy is significantly positive for patent right scope.

    In the analysis of patent right strength (<Table 12>), we found that all 7 explanatory variables were significant. “The number of drawings,” “the number of words in detailed description,” and “depth of claim hierarchy tree” all had positive relations with patent right strength. “The number of priorities” and “depth of claim hierarchy tree” were important factors in both patent right scope and patent right strength. “The number of words in background description,” “the number of restrictive expressions,” and “the average number of words in independent claims” had a negative effect on patent right strength. Among the variables, “the number of priorities” had the strongest positive relation (0.8404) and “the number of restrictive expressions” had the strongest negative relation (-0.0293).

    The linear models for patent right scope and strength are used as the measures to estimate the legal excellence of national R&D patents.

    5.Evaluating the Patent Right Quality of IT-Related National R&D Programs

    The developed models for patent right scope and patent right strength can be used to evaluate the intellectual property dimension of national R&D programs. To introduce an application of the developed models, we chose 10 national R&D programs that produced many patents. Then we used textual processing of patent descriptions and claims to extract the values for our explanatory variables for patent right scope and strength from 203 patents. By putting the values into the measures, we calculated the patent right scope and strength for each patent and compared the evaluation results among the R&D programs; the average patent right scope score was 5.121, and the average patent right strength score was 5.253 (<Table 13>).

    Among the programs, the legal protection scope of patents in the R&D program “E-3G based multimedia convergence technology” was found to be the widest. In fact, according to the in-depth examination of patent attorneys, the program’s patents were overall evaluated as well maximizing their legal protection scope by making full use of broad language and the fewest possible terms in their claims. Furthermore, the patent right scope-related numerical factors of the program’s patents were definitely superior to those of other programs: independent claims = 2.56 (average = 2.25), dependent claims = 10.31 (average = 7.59), and depth of claim hierarchy = 2.63 (average = 3.46). From an aspect of patent right strength, the R&D program “the fourth generation mobile communication technology was found to be the most solid. Numerically, the average number of its patents’ drawings (5.82) was similar to the average number of drawings (6.06) of all R&D programs, but patents of the program had a large number of priorities of 0.20 (average = 0.15). Interestingly, the program “Mobile WiMAX” was relatively high-ranked in patent right scope but low-ranked in patent right strength. This suggests that, in an overall sense, patents of that program are somewhat weak in supporting their claims by concretizing the relevant inventions with textual descriptions and drawings; in that program’s patents, the number of words in detailed description was 1674.7 (average = 1809.6), the number of drawings was 5.02 (average = 6.06), and the depth of claim hierarchy tree was 2.2 (average 3.46).

    In the case study, we compared only the average excellence among some national R&D programs from the views of patent right scope and patent right strength because the number of patents produced by each R&D program varied.

    However, the measures of this research have the potential to quantify the evaluation of the legal protection capability of patents, so they contribute by assisting experts, including patent attorneys and technology experts, as they deal with massive patents in the R&D program evaluation process.

    6Conclusions and Challenges Remaining

    The patent right quality of patents produced by national R&D programs is obviously considered a leading indicator to assess the quality of program outcomes because the patents can be the only legal mechanism to secure the economic and technological value of R&D programs’ final results. Through this research, we learned some lessons in designing and evaluating patents for better R&D outcomes.

    First, scientists and engineers should take a slightly different approach to protecting their inventive knowledge. According to our analysis, patent right scope was much more important than patent right strength. In IT-related patents, more specifically, the broadness of patent rights was 2.64 times more important than their technological solidity. This result provides inventors with a significant implication in patenting their inventive knowledge. Many researchers in science and engineering fields tend to be technologically detailed, but our results suggest that they should change their approach. For example, under the “all elements rule,” each claim is anticipated only if a single reference discloses each and every claimed element. According to the rule, claims must be written well with broad language and an appropriate minimum of technological terms to broaden the patent right scope.

    Second, the hierarchical structure of evaluation factors for patent right quality holds, but their importance may vary by technological field. Despite the need to evaluate patent right quality of national R&D patents, little attention has been paid to defining the evaluation factors constituting the hierarchy of patent right quality and identifying the importance of the factors for better intellectual property evaluation. Because the current evaluation process has relied only on the knowledge of experts, evaluating patents has been subjective and biased. In this aspect, this research has a contribution in that it defines a detailed structure of patent right quality in a hierarchical way. However, although the hierarchical structure can apply in various technology domains, the relative importance of the sub-evaluation factors in the hierarchy may vary by field, including nanotechnology, biotechnology, environment technology, and space technology. Although identifying the importance of evaluation factors in a patent right quality hierarchy helps experts’ R&D program evaluations to be balanced and nonbiased, expert-based evaluation is still time-consuming and costly. Thus, our measures for patent right scope and strength of patent right quality can be used as an efficient tool in the experts’ patent evaluation process.

    Quality evaluation of national R&D programs can contribute to the creation of high-quality intellectual property. Therefore, we developed measures for patent right scope and strength, which constitute patent right quality, using AHP, text mining and regression analysis. Our research contributes to a systemic view of patent right quality and our measures will become an efficient tool to assist human experts in evaluating patents for R&D program assessment. Furthermore, it holds the potential to become a basis for quantifying the process of patent evaluation.

    Despite its contribution, there still exist some challenges in this research. First, the AHP results of the proposed method can be applied only to evaluating patents of IT-related R&D programs. In fact, the importance of evaluation factors in the patent right quality can vary according to technology fields, so future research will need to identify the importance of the evaluation factors in other fields. Second, the method did not use patent citation information, which has been widely adopted as an important factor for patent quality, because Korean patents do not require citing patents, and the sampled patents for our analysis were too recent to be cited by other later patents. Therefore, using U.S. patents in future research will identify the significance of the number of forward citations and further develop the measures for patent right quality. Finally, although this paper extracted values for some explanatory variables by using the number of words, future research will introduce natural language processing technology for more accurate textual analysis.

    Figure

    JKISE-38-17_F1.gif

    Overall Research Procedure

    JKISE-38-17_F2.gif

    Patent Sections Related to Patent Right Quality

    JKISE-38-17_F3.gif

    Links between Evaluation Factors and Explanatory Variables

    Table

    Technology Transfer Rates and Royalties of National R&D Patents in 2008 [3]

    Patent Attorneys for the Expert Group

    The Hierarchical Structure of Patent Right Quality

    Consistency Indexes of Patent Attorneys

    Importance of Evaluation Factors of Patent Right Quality

    Explanatory Variables

    Part of the Extracted Values of Explanatory Variables by Patent

    Part of Patent Right Scope and Strength Scores Rated by Experts

    Means and Standard Deviations

    Pearson’s Coefficient Matrix

    *Significant at 10%,
    **Significant at 5%,
    ***Significant at 1%.

    Regression Result for Patent Right Scope

    F(6, 93) : 26.700, Prob > F : 0.000, R-squared : 0.633, Adj R-squared : 0.609.

    *Significant at 10%,
    **Significant at 5%,
    ***Significant at 1%.

    Regression Result for Patent Right Strength

    F(7, 92) : 17.900, Prob > F : 0.000, R-squared : 0.577, Adj R-squared : 0.544

    *Significant at 10%,
    **Significant at 5%,
    ***Significant at 1%.

    Quantified Evaluation of the Selected National R&D Programs

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