Using Patent Classification To Discover Chemical Information in a

Dec 17, 2015 - Developing skills for searching the patent literature is an essential element of chemical information literacy programs at the universi...
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Using Patent Classification To Discover Chemical Information in a Free Patent Database: Challenges and Opportunities Stefan Har̈ tinger*,† and Nigel Clarke*,‡ †

Joint Cluster Pure and Applied Organic Chemistry, European Patent Office, D-80298 Munich, Germany EPO Online Products and User Support, European Patent Office, P.O. Box 90, A-1031 Vienna, Austria

‡

ABSTRACT: Developing skills for searching the patent literature is an essential element of chemical information literacy programs at the university level. The present article creates awareness of patents as a rich source of chemical information. Patent classification is introduced as a key-component in comprehensive search strategies. The free Espacenet patent search interface and classification browser are used in a case study related to the chemistry of graphene. Step-by-step instructions are provided on how to identify search concepts, retrieve classification symbols with keywords, and iteratively refine the chemical concept based search. Instructional material for the use in chemical literature courses is proposed.

KEYWORDS: Upper-Division Undergraduate, Graduate Education/Research, Chemoinformatics, Curriculum, Inquiry-Based/Discovery Learning, Internet/Web-Based Learning, Problem Solving/Decision making, Applications of Chemistry, Materials Science, Nanotechnology

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DECIPHER THE BODY OF CHEMICAL INFORMATION CONTAINED IN PATENTS Efficient and effective searches for patent literature require a basic knowledge of the patent system and of the organization of information contained in patents in databases.12 This section highlights important aspects related to the description of an invention, the patent claims, and the bibliographic information pertaining to a patent. Another aim of this section is to enable novice and expert searchers to identify, analyze, and interpret the chemical information contained in patents. These skills are essential to perform a targeted search in the patent literature. It is a fundamental requirement of patent law13 that a patent has to disclose the details of the invention in such detail that a person with ordinary skills in the field can reproduce it. Every patent document contains a description. It reflects the stages encountered in scientific research and often has a structure similar to what is described in this Journal14 as the inquiry wheel. The information in the patent description is typically presented in the following order: • the investigation of the known (“prior art”), • the definition of a problem arising from observations that generated a research question, • the conduct of evidence-based investigations (“embodiments of the invention”), • the interpretation of results optionally with a figure, and

he current chemistry education guidelines for Bachelor’s degree programs in the United States1 and in Europe2 define chemical literature and information management skills as a key-competency. An important goal is to develop abilities to retrieve primary information through searches in online data sources and to extract relevant chemical information for answering chemical questions. Although patents are recommended as a study object1,3 few accounts4−8 exist on how to successfully integrate patents in scientific literature education programs. The present article is dedicated to raising awareness for patents as a valuable source of chemical information. The international patent database on Espacenet,9 which has been recommended for use in developing information competencies for chemistry undergraduates,3 will be used to freely access the more than 90 million patent documents from all over the world related to all fields of technology. The concept of patent classification is presented as a means for organizing in-depth chemical and technological information. Using graphene as an example of a chemical research topic, we demonstrate how patent classification allows access and exploitation of the wealth of chemical information contained in patents. It will be shown that free patent classification search tools10−12 overcome the challenge of being patent retrieval and chemical subject expert simultaneously in order to delve into patent literature which is known to span hundreds of thousands of documents. The present article concludes by suggesting the classification-based search approach as a teaching activity in the literature education curriculum for both novice, and more advanced searchers with a reasonable level of chemical knowledge. © XXXX American Chemical Society and Division of Chemical Education, Inc.

Special Issue: Chemical Information

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• the communication of how benefits and the technical effects arising from the invention may add to what is already known. It is not uncommon that major parts of the description are written by the inventor. The text of the description adheres to scientific standards. Typically, neat and systematic terminology is used for describing experiments and the chemistry involved. In certain fields, patents may contain more detailed information than in peer-reviewed articles.8 Obviously, the patent description contains chemical information of interest to scientists and researchers in the field. It is therefore this part of a patent document which should be targeted by appropriate searching strategies. Because patents are legal documents which seek to prevent others from exploiting the inventors’ contributions made over the prior art, one or more patent claims are appended to the description. A patent claim defines the invention in as broad as possible terms. Claims are drafted by legally qualified professionals. Chemistry patents may contain a claim for a chemical compound or material, a synthetic method, an analytical technique, a technical or medical use, and many more aspects which the inventor considers important to be protected. Apart from systematic terminology, the chemistry may be presented in generic form (e.g., “metal” instead of “polycrystalline nickel”), as a functional description (e.g., “graphene precursor compound” instead of “methane”) and broadly descriptive terms (e.g., “film forming conditions”). Technical details may be deliberately left out, new meanings ascribed to words or even novel terminology created.15 All of this adds to the challenges of the novice patent searcher which is described by Hill (ref 5, p 225): The average student confronted with a typical chemical patent will probably, at first, be able to make neither head nor tail of it. The language seems confusing... Of course the reason for his confusion is that the patent is a legal document and is couched in the best legal terminology that the patent attorney can devise. Since the claims can also be seen as a condensed presentation of the concepts of the underlying invention, it is advisable to screen this section of the patent and to be alert to words, expressions, or chemical concepts which later may become useful in setting up a search strategy. The patent application document is made of the description, one or more claims, and optionally a figure, which are submitted to and further processed by a national or international patent authority. An important task of every patent office is to publish the patent application together with a front page displaying the “bibliographic information”. The publication number serves to identify the document. Further administrative data related to the inventor, the time of filing and publication of the patent, the title, and a summary of the invention are included. A further information element is the listing of “classification symbols”. For every technological aspect found in the claimed invention, the patent examiner assigns an alphanumeric code according to strict rules.10,12 Current classification systems contain several hundreds of thousands of classification symbols, each representing one technological concept. The reliable and in-depth allocation of classification symbols to every patent application adds significant value because classification codes are independent of language and not biased by the terminology used in a patent document. As it will be shown in a separate section in this article, classification

systems are of great help in retrieving groups of patents for a given subject without having advance knowledge of their actual content nor the precise terminology used. This package of bibliographic information is typically stored in searchable fields of a patent database. Reading patents in one’s field of personal interest is probably the best approach for developing patent literacy skills and understanding field-specific terminology. Given the deliberate linguistic constructions used in many patent documents, success in retrieving chemical information from patents critically depends on the ability to locate the finite but enormously important content which relates to specific embodiments of the invention. The next section will show how the grouping of specific chemical ideas into a chemical concept and the further translation into a patent classification symbol helps to accomplish this task.

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HOW TO USE PATENT CLASSIFICATION IN SEARCHING FOR CHEMICAL INFORMATION

Cooperative Patent Classification Scheme

The term “classification” generally refers to the categorization of information. It plays a central role in chemistry in organizing knowledge and making predictions about the properties of chemical compound known to belong to a specific category of materials. The most widespread classification schemes for the categorization of patents are the International Patent Classification (IPC)12 and the Cooperative Patent Classification (CPC).10,16 CPC is the scheme common to the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). CPC and IPC use the same hierarchical structure which divides all fields of technologies in broad sections as the highest hierarchical level (see Box 1). Box 1. CPC classification scheme. The highest level divides all fields of technologies in nine sections which are designated by one of the capital letters A to H and Y. Section A: Human necessities Section B: Performing operations transporting Section C: Chemistry and metallurgy Section D: Textiles and paper Section E: Fixed constructions Section F: Mechanical engineering, lighting, heating, weapons, blasting Section G: Physics Section H: Electricity Section Y: General tagging of new technological developments or of cross-sectional technologies spanning over several sections of the IPC Each section is divided into classes, which are further subdivided into subclasses, main- and subgroups (see Figure 1). Some patents may not have CPC classes if they were not published by the USPTO or EPO; therefore, comprehensive search strategies should consider both CPC and IPC schemes. Many chemical concepts are classified in Section C with classes selected from 20 broad chemical disciplines including inorganic chemistry (C01) and organic chemistry (C07). Figure 1 illustrates the hierarchical dependency of the graphene subgroup C01B31/0438. This tree-like classification hierarchy can be generated for all aspects of technology by the free classification browser implemented in Espacenet.10 B

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Figure 1. CPC classification tree for graphene. A schematic view of the CPC hierarchy is shown on the left side.

Understanding of the hierarchical structure is important for several reasons: • the claimed invention will only be classified at the lowest level of the classification hierarchy which describes best the underlying technology (“last place rule”), • a classification symbol is “not cumulative”, which means that the set of patents which is classified at a higher level of the hierarchy does not include patents which are classified at a lower hierarchical level. To illustrate this point, we consider patents relating to specific methods of graphene preparation. The identification of the relevant classification symbol follows the chemist’s understanding of this material. Graphene is an allotrope of carbon (C01B31) which is a nonmetallic element (C01) formally classified in inorganic chemistry (C01). Drilling down the CPC classification tree, the subgroup C01B31/02 in Figure 1 is identified as a suitable entry point for a deeper classification. This CPC symbol would be allocated to a patent which concerns general aspects of the preparation of carbon. Figure 1 shows further subdivisions of this subgroup according to the allotropes of carbon, namely graphite or graphene (C01B31/ 04) and diamond (C01B31/06). Considering the C01B31/04 branch, further subdivisions become evident. The CPC symbol C01B31/0438 concerns specifically graphene. According to the “last place rule”, only this symbol, but not any of the symbols at higher CPC levels, would be the correct code for the sample patent. Since this classification symbol is “not cumulative”, a search for patents with the C01B31/0438 symbol will only retrieve patents having exactly this CPC symbol. But no patent would be retrieved which with a CPC code at a different hierarchical level, such as C01B31/02.

Admittedly, the identification of a suitable CPC group can be challenging because the scientific organization of chemical concepts does not necessarily match with the CPC structure. Chemical ideas are not only classified in the chemistry section C but can be located in other sections. For instance, certain uses of chemicals may have a CPC class in section A, chemical processes and nanotechnology in section B, semiconductors in section H, or green chemistry in section Y. For all topics of interest, it is therefore advisable to consider first a general concept related to a specif ic fact or idea and subsequently to identify the relationships which link the concept with the subdivisions in the CPC scheme. The next section explains how to translate these findings into a search strategy which uses classification symbols. Searching with Patent Classification Symbols

The outline of a typical approach to searching patents with classification symbols is given in Box 2. Free-to-use Internet resources, like the Espacenet classification browser,10 the IPCCAT and STATS categorization tools,12,17 or the PatentClassifier,11 assist the patent searcher in finding the most appropriate subgroups. They calculate potentially useful classification symbols on the basis of a keyword describing the topic of interest. Alternatively, the CPC and IPC schemes may be consulted directly. Whatever the method used, the searcher has to decide on a class. Due to the “not cumulative” nature of classes and the “last place rule”, the decision may not be straightforward. Considering Figure 1 and the previous example related to the preparation of graphene, a search with the C01B31/0438 CPC symbol might appear as a good choice because the “last place rule” would suggest that this subgroup describes probably best the topic of interest. However, a search with this symbol would not retrieve patents which are classified at a different CPC C

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The article describes how a nickel foil (Ni) is used to decompose isopropyl alcohol (IPA) as a carbon precursor of graphene. Experimental details of CVD are given. The properties of the resulting graphene are characterized by spectroscopic and physical methods.

Box 2. How to plan a classification search • Define the topic of the search • Find suitable entry points in the classification scheme • Decide on one or more CPC or IPC classes which cover the topic of the search • Perform a first database search in a classification search field • Identify one or more relevant patents in the hit set obtained from the search • Scan the front page of relevant patents for alternative and/or more precise classes and keywords • Refine the database search with more suitable classes and keywords • Record suitable classes and keywords for a more focused search whenever encountered

Formulation of a Concept Based Search Strategy

The approach18 taken by Jacobberger et al. raises a number of inquiry elements for which the students will need to find additional information (Box 3). We show how patent literature Box 3. Additional research questions which may arise from ref 18 • What is the function of Ni in the formation of graphene? • Would alternatives to IPA work as the carbon precursor with Ni? • How can the processes be influenced to give homogeneous films? • Which techniques are suitable to form large graphene layers? • How can graphene films be separated from metal surfaces?

levels, such as C01B31/04 or C01B31/02, although they might be equally relevant for the search question. The reason is that the ambiguity of the terminology or the spreading of technical detail over patent claims and the description may have prevented the patent examiner from giving a more precise CPC class. As the searcher has a priori no knowledge of such circumstances, it is not always advisable to select a classification symbol at the “last” possible place in the scheme, but to include in the search a class at a higher hierarchical level. A comprehensive search for the previous example should therefore not only be made with C01B31/0438 but also may include symbols one or two levels higher in the CPC hierarchy. It follows from Figure 1 that relevant chemical information may be retrieved from patents which are classified with a C01B31/ 0438 symbol or a C01B31/04 symbol or a C01B31/02 symbol. A more convenient way to specify all classes below a certain classification hierarchy is the use of the “/low” operator which is appended to the classification symbol. For the above example, C01B31/02/low would be the correct expression. In general, the “/low” operator brings advantages for the searcher. One is that there is no need for knowing the exact and most precise classification in order to retrieve relevant patents. A further advantage arises from the possibility to define broad and narrow concepts with classification symbols that may be combined. For instance, a search with B82/low would retrieve all patents in the broad field of nanotechnology. This broad concept may be combined with a precise class of a different section. A search with B82/low and C01B31/0438 would consequently retrieve patents, which disclose aspects of nanotechnology and graphene-like graphene nanotubes. The next section demonstrates how Espacenet can be used to identify appropriate classification symbols and how to implement a structured search with classification symbols.

may contribute to the task of finding chemical information in patents which answer these research questions. The Espacenet “Classification search”10 is a convenient starting point for the identification of CPC and IPC symbols. The main elements of the user interface are shown in Figure 2. The input window “Search for” (see marker A) accepts up to 10 keywords or classification symbols. Choose the words graphene synthesis chemical vapor deposition followed by a click on the “Search” button. At this stage, no patent records are displayed. The results pertain to a ranked list of possibly relevant classes that are displayed in a table. The first entry in the table is marked with C in Figure 2. From right to left are displayed a descriptive text of the CPC symbol, the CPC symbol, a tick box for selecting the CPC class, the relevancy of the CPC class expressed with up to five stars, and a triangular button. The latter serves to toggle between a compact (downward triangle) and the extended classification information (see the upward triangle selected for the C01B31/00 group immediately below the marker C in Figure 3 and the expanded view of the tree-like CPC hierarchy). The primary task at this stage consists in selecting the most appropriate classes representing the two search concepts. The ranking system with stars assists the searcher. More stars indicate a higher relevance of the class. The C23C16/00 class listed first in Figure 2 has two stars and indicates CVD in the descriptive text. As this represents one of the main concepts of our search, a click on the square box next to the CPC symbol inserts “C23C16/00/low” in the “Selected classifications” field (E in Figure 2). The search qualifier “/low” is automatically appended to include all lower ranking subgroups in the patent search. If only the exact CPC symbol should be considered a click on “/low” changes the entry to “/exact”. The same selection procedure would apply for the second concept “C01B31/00” listed in the area below the marker C. However, it is a good practice to briefly check the taxonomy by clicking on classification symbol or the triangle button. The displayed information is essentially the same as shown in Figure 1. For the reasons explained above, a search with “C01B31/00/ low” would also find all patents with a hierarchically lower class,

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CASE STUDY: THE PREPARATION OF GRAPHENE Graphene has previously been proposed as a study object in various chemical education settings.18,19 Excellent reviews of this versatile chemical material with a fascinating range of properties are available.20−22 The article by Jacobberger et al.,18 published as an educational activity, will serve as a case study for searching chemical information in patents. The title “Simple Graphene Synthesis via Chemical Vapor Deposition” indicates two major chemical concepts. • Concept 1: graphene as a chemical material • Concept 2: its synthesis by chemical vapor deposition (CVD) D

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Figure 2. Classification browser accessible from ref 10. Markers A−E and frames are added as a reference to key-elements of the user interface. The buttons at the marker B can be activated or deactivated to adjust the display format. The third and fourth button toggle between an indented dot hierarchy or a tree structure, the latter being used throughout this article. Source: http://worldwide.espacenet.com/classification?locale=en_EP#!/ q=graphene%20synthesis%20chemical%20vapor%20deposition.

classes and the title “Graphene synthesizing apparatus” point to the relevance of the patent. All information is hyper-linked. A click on the title opens the “Bibliographic data” of the patent (Figure 4). As neither abstract nor title contains text which reflects the CVD concept, a mere text-based search in the bibliographic information would probably not have retrieved this document (A in Figure 4). The patent was, however found because this concept is present in codified form through the C23C16 classes. The “Original document” option in section B of Figure 4 gives access to the complete publication for a thorough analysis of the chemical information content. US2015307358 discloses with much detail the influence of CVD process parameters on the quality of a graphene film, thereby addressing a first inquiry element listed in Box 3 above. The document teaches that carbon-containing compounds are dissociated by the metal which acts as a catalyst. A range of

such as “C01B31/0438” for graphene. However, the classification tree indicates that not all classes at a level below C01B31/00 are relevant. It is therefore advisable to tick the box next to the C01B31/04 symbol. The “/low” operator is appended by default and all 12 entries at a level below that of C01B31/04 will automatically be selected (see D in Figure 2). Once all relevant classes are selected a click on “Find patents” (E in Figure 2) starts the search in the millions of patent documents stored in Espacenet. The results are shown in Figure 3. The “Result list” indicates that 424 patents are retrieved (A in Figure 3), all having at least CPC symbols matching with the classes used for searching. It is advisible at this stage to quickly scan through the bibliographic information in order to confirm the relevance of search results. To illustrate this point, the patent application US2015307358 listed in second place is looked at more closely (C in Figure 3). The highlighted CPC E

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Figure 3. First page of the results retrieved by the classification search. Markers A−D and frames are added as a reference to key-elements of the user interface. The order of patents depends on the selected sorting criteria (see B). The results may be further refined by using additional or alternative classes and keywords (see D). Source: http://worldwide.espacenet.com/searchResults?DB=EPODOC&ST=advanced&locale=en_EP&CPC= C01B31/04/low%20C23C16/low.

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INCORPORATING PATENT LITERATURE IN LITERATURE LITERACY PROGRAMS Deep indexing of chemical concepts in classification schemes requires competent chemical knowledge in order to be able to identify appropriate classification symbols. Research has shown that the successful use of classification schemes to solve problems in chemistry depends on the student’s ability to clearly identify relevant features, that differentiate groups or classes.23 Undergraduate chemistry students may lack the particular combination of patent search instinct and chemical knowledge required. Therefore, the development of patent searching skills by classifications seems to be advantageous in the curriculum of upper-grade students. A reasonable working knowledge with patents is considered to be sufficient for the science instructor or librarian. Excellent teaching material has been compiled by major patent offices,12,15,24,25 of which the “Intellectual property Course design manual”25 and “Patent teaching kit”15 deserve highlighting as they provide a unique collection of ready-to-use, freely editable presentation slides, speaking notes and background information. The material is a collection of topics, indepth learning material, and case studies from different fields, including chemistry, from which a selection can be assembled to fit with the requirements of virtually any literature or chemical information program. A video tutorial26 on classification

metals may serve as an alternative to nickel, such as copper or iron. Many carbon-containing compounds are proposed as graphene precursors, such as carbon monoxide, methane, or ethanol. All of this chemical information complements the article18 at the start of the inquiry wheel. Development of Further Search Strategies

A search strategy is a plan for looking for relevant information.12,15 It is a good habit to draft a table with a separate column for every search concept where appropriate classification symbols and keywords are noted as soon as they are encountered. The concrete actions necessary depend on the research questions which remain unanswered by the documents already retrieved in the initial search attempt. Analyzing more patents in the results list (Figure 3) will lead to alternative or more precise classification symbols. Also the field-specific terminology becomes apparent from scanning titles or abstracts (Figure 4). Useful words, including synonyms and generic expressions, can be collected for every search concept. Although there is no single best way to search patents, combinations of classification symbols, narrow or broad, with keywords, specific or generic, are essential elements of every concept based, iterative search.12 Various options for refining the search are available in Espacenet (see marker D in Figure 3). F

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Figure 4. Bibliographic data for US2015307358 and related patents of the same patent family. Markers A and B and frames are added. For foreign language patents, a machine-translated English text may be generated (see marker A). The full text of the patent and original patent publication are retrievable (see marker B). Source: http://worldwide.espacenet.com/publicationDetails/biblio?DB=worldwide.espacenet.com&II=0&ND= 3&adjacent=true&locale=en_EP&FT=D&date=20151029&CC=US&NR=2015307358A1&KC=A1. (4) Tomaszewski, R. A Science Librarian in the Laboratory: A Case Study. J. Chem. Educ. 2011, 88, 755−760. (5) Hill, W. S. The Chemist and the Patent. J. Chem. Educ. 1944, 21, 225−227. (6) MacMillan, M.; Shaw, L. Teaching Chemistry Students How To Use Patent Databases and Glean Patent Information. J. Chem. Educ. 2008, 85, 997−999. (7) MacMillan, D. Patently Obvious: The Place for Patents in Information Literacy in the Sciences. Res. Strat. 2005, 20, 149−161. (8) Seeber, F. Patent searches as a complement to literature searches in the life sciences − a ‘how to’ tutorial. Nat. Protoc. 2007, 2, 2418− 2428. (9) White, M. J. Electronic Resources Reviews. esp@cenet Europe’s Network of Patent Databases. Issues in Science and Technology Librarianship 2006, 47. DOI: 10.5062/F4F47M2H. http://www.istl. org/06-summer/electronic3.html (accessed Nov 2015). (10) Espacenet: Cooperative Patent Classification. http://worldwide. espacenet.com/classification (accessed Aug 2015). (11) The Intellogist Blog: PatentClassifier Has Arrived! https:// intellogist.wordpress.com/2015/01/15/patentclassifier-has-arrived/ (accessed Aug 2015). (12) WIPO Guide to Using Patent Information. http://www.wipo. int/edocs/pubdocs/en/patents/434/wipo_pub_l434_03.pdf (accessed Aug 2015). (13) US: 35 U.S.C. § 112; European Patent Convention: Articles 83 and 84 EPC. (14) Robinson, W. R. The Inquiry Wheel, an Alternative to the Scientific Method. J. Chem. Educ. 2004, 81, 791−792. (15) Patent teaching kit, European Patent Office, Munich, 2011; http://www.epo.org/learning-events/materials/kit.html (accessed Aug 2015). (16) Cooperative Patent Classification − Table. http://www. cooperativepatentclassification.org/cpcSchemeAndDefinitions/table. html (accessed Aug 2015). (17) WIPO International Patent Classification. http://www.wipo.int/ classifications/ipc/en/ (accessed Nov 2015).

schemes and their use in patent searches complements the instructional material to support the strategies presented in this article. Teaching patent literature literacy and searching techniques can be achieved through different methodologies. We suggest involving students in self-study activities, such as reading patents and analyzing the chemical information content, before giving more specific search tasks as assignments. The concepts we have presented here in relation to graphene are also successful in other areas of chemistry. Although Espacenet has been presented as a user-friendly patent search resource, the strategies can be implemented with other patent search interfaces.8

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AUTHOR INFORMATION

Corresponding Authors

*E-mail: [email protected]. *E-mail: [email protected]. Notes

The authors declare no competing financial interest.

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REFERENCES

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