Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

A Deep Learning Model for Automatic Citation Document Recommendation in Non-Obviousness Judgment: Using BERT-for-patents and Contrastive Learning

1Patent Attorney, Kim & Chang, Republic of Korea
2Patent Attorney, Department of Industrial Engineering, Seoul National University, Republic of Korea
These authors contributed equally to this work as first authors.

Correspondence to Dongkun Yoo, E-mail: dongkun.yoo@kimchang.com
Correspondence to Jiheon Han, E-mail: jihh0301@snu.ac.kr

Volume 20, Number 1, Pages 119-143, March 2025.
Journal of Intellectual Property 2025;20(1):119-143. https://doi.org/10.34122/jip.2025.20.1.5
Received on January 21, 2025, Revised on February 07, 2025, Accepted on February 27, 2025, Published on March 30, 2025.
Copyright © 2025 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

Patent laws in various countries stipulate that inventions identical to or easily derivable from prior art lack novelty and non-obviousness, rendering them ineligible for registration. To assess these criteria, prior art searches are conducted. The evaluation of non-obviousness is challenging because of the difficulty in assessing obviousness and the possibility of utilizing multiple citation documents. Therefore, an artificial intelligence (AI) model that can preliminarily filter prior art references relevant to non-obviousness determination would enhance the efficiency and speed of prior art searches. To address this need, this study proposes a deep learning model that automatically recommends additional citation documents corresponding to the remaining elements of an invention when provided with some elements and the corresponding citation documents. The United States Patent and Trademark Office (USPTO) patent data rejected because of a lack of non-obviousness were preprocessed. Six models were trained based on the bidirectional encoder representations from transformers (BERT), and the performances were compared. The model TRP-Pat, trained using a contrastive learning approach with BERT-for-patents, demonstrated significantly superior performance. These results suggest that TRP-Pat can contribute to more efficient prior art searches by expediting the process. An example of applying the TRP-Pat model to prior art search tasks is also presented.

Keywords

Non-obviousness, Citation documents, Prior art search, Deep learning, Contrastive learning, Bert-for-patents

Notes

Conflicts of Interest

The authors declared no conflicts of interest.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Section