F.A.Q.

CREATION

Does Cloem draft or otherwise provide patent claims for my invention ?

No, we do not draft patent claims. We only create variations from claims we receive from you.

Where can I get patent claims ?

You have several options, comprising

a) you can write them on your own, or

b) you can have a patent professional drafting these for you (although we have preferred relationships with patent attorneys in exercice, we do not recommend any particular law firm at this time), or

c) you can use or adapt existing patent claims, for example those published on the EPO or USPTO websites, provided you make sure that these patent claims are not copyrighted (or in the latter case by making sure you receive the required authorizations to create derivative works).

I am not a patent professional. Can I draft claims on my own and submit them ?

We do not advise to start from "amateur" claims. You can do this, but at your own risks. Experience indicates you need a patent agent or patent attorney to get quality claims, that will in turn result in quality cloems.

I am a patent professional. Can I optimize my claims to better fit your system ?

When configuring your plan, we provide "Guidelines for writing base claims". This document is intended for patent professionals. When we review claims, we apply these guidelines (and more).

Can you review my claims before configuring my plan ?

Please contact us: we can optimize your patent claims to better fit our system.

What does Cloem optimize when performing a review of my claims ?

We optimize the form, not the substance. In other words, we optimize your claims from a grammatical and a vocabulary standpoint, and we do this in a very particular way, to better fit the strengths and limitations of our own system which we intimately know. On the substance, we do not check the adequacy between your submitted claims and your invention, and a fortiori with your projects. Only a patent professional can do that, by understanding your invention, competitive situation and needs. Again, we highly recommend you to consult a patent attorney.

What type of claims does Cloem handle ?

We focus our efforts on mechanics and software. We do NOT recommend that you submit claims on biology or chemistry (if you do, you know and agree that you will have bad results).

I have professional claims, do I still need Cloem to review claims ?

Cloem works with any patent claims, and more generally with any text. Now the better the seed, the better the results. In most cases, professional claims will work fine (in particular if our guidelines are followed). Now it can happen that professional claims can be poorly written. You have good doctors but you also have bad ones. Getting us to review your claims once again constitutes a double-check.

Do I need a NDA ? 

A NDA is not necessary, since we use technical measures of protection for your data (e.g. access rights to display contents or encryption of search queries). At the moment, this is not our policy to sign such an additional legal document. If you do not agree, you shall not do business with us. Read more here.

How many cloems will I get ?

Our current plans comprise at least 10 000 or at least 50 000 texts. We do not provide further information.

Why are so many cloems imperfect ?

Our technology has limitations. We work very hard to improve it (semantics, parsers, supervision, dictionaries, etc). Natural Language Processing is rocket science and progress is really hard. What you see is the best of our efforts. If you appreciate, please support us. If you don't like the results, don't buy a plan. You will not be disappointed.

What are the differences between the different plans ?

Please see our website for the latest and most accurate description.

Many cloems are nonsense. I am disappointed.

We encourage you to browse our databases before purchasing a plan. If you do not like our current results, do not buy. Please note that some cloems are correct (syntax and semantics): even if not visible at first, your goals or some of them can be reached ! For example, it may well exist in a series a version of a cloem which anticipates an adverse patent claim, your job is to find it out!

Can I upgrade or downgrade a plan ?

Currently not. We are studying whether we can offer upgrades (e.g. continuous creations, as new versions of Cloem are released). Stay tuned.

PUBLICATION

Is publication mandatory ?

Publication is ALWAYS optional. You decide if you want to publish or not. If you want to publish the cloems of your series, you can choose when to publish.

When can I publish the cloems of my series ?

Anytime after creation, at your choice. It generally makes sense to publish cloems when your associated patent claims are published by patent offices, 18 months after filing. Other timelines are possible (e.g. early publication, emergency, etc), consult a patent attorney.

Can I publish only a fraction the cloems of my series ?

With us, no. By default, you can either publish the entire series or nothing at all. Of course, you are free to publish a selection of cloems on your own website or in a printed publication of your choice: simply copy, paste and publish them. We only require that you include our copyright notice.

Why is cloem not publishing only a few selected cloems upon request ?

In future releases, we may offer this possibility. To date, we have to focus on the technology. By design, as we are striving to "reinvent defensive publishing", we think that a better approach is to massively publish around or just around a given invention. Publishing only a very small subset of the created contents makes little sense to us (but we can discuss).

Can I remove one or more of the cloems of my series ?

If they are not yet published, yes. If they are already published (i.e. you have instructed us to publish your plan), no. Publication, if any, is irrevocable. When you purchase a plan (when you use the service), this is a very clear contractual clause of the deal with us. If you do not want or like this principle, we urge you not to deal with us. It is a fundamental principle (and limitation) of the service.

What does "irrevocable publication" mean ?

It means that once published, a cloem will remain published (at the best of our ability, e.g. modulo temporary service interruptions such as maintenance tasks or unexpected network issues). We will strive to maintain accessibility to the public, even if you as a client ask us to remove some contents. Irrevocable publication is our top golden rule. The only exception to this (contractual) agreement is when a judge will ask us to remove a cloem (because it is considered harmful for example). Only a judge with a legal and enforceable and executory decision can force us to remove a content.

Why is publication irrevocable ?

Legal security comes first. From a business standpoint, our clients considered  altogether matter more than one individual user, be it also a client. Our system simply cannot work if we begin to withdraw contents upon request.

How long will cloems be published, i.e. accessible to the public ?

As for now, the different plans comprise one hosting period of 7 years. This duration corresponds to the observed life-cycle of patents or patent applications. A majority of patent assets is dropped after 7 years, mainly because of increasing fees but also because of technological obsolescence. We think that this obsolescence justifies to apply this lifetime to publications. Avoiding to accumulate obsolete contents has a positive impact on the latency of the search. We also cannot promise an eternal publication, no one can. So we have to put a limit. We propose cycles of 7 years.

What happens after the 7 years period of content hosting included in plans ?

After a 7 year period is expired, the corresponding cloems will no longer be available. We will withdraw them from the general index. Four months before expiration, you will be notified - by email only, make sure of your anti-spam filters and of the accuracy of your email address - and you will have two months to choose to renew hosting or not.

What is the cost of the renewal fee for another period of 7 years ?

At present, the renewal fee for 7 additional years is equal to 10% of the amount you paid for your plan, corrected by the inflation over the period. For example, if you do configure and pay a plan of 299$ today and if inflation is zero over the next seven years, the renewal fee will be 29$ (excluding EU V.A.T.) for another period of 7 years. Please note that we may slightly modify these terms in the future, but renewal fees will remain reasonable and, in any case, will amount for a small fraction of the creation cost.

What if I forget to renew hosting after 7 years ?

If for example, you do not get our email - for a reason or for another, we cannot reinstate your cloems. The reason is that we are required to ensure a continuity or a quasi-continuity of publication (modulo short service interruptions). If there are publication time gaps, for example one full year after the 7th year, the general public cannot know what is available to the public and what is not. With patents, if you fail to claim priority within 12 months, your right to claim priority is lost. We cannot offer any remedies as patent offices can do. So you have to pay attention to renewals. We assume that with current date management systems, which are well developed in IP, you can manage this additional expiration period.

I found an abusive or otherwise harmful cloem, what is the next step ?

Please let us know of the URL of the cloem in question. Notifications without a motivation or an explanation why the content is harmful will be ignored and considered as spam. As explained above, a decision of justice is required to force us to remove a content. If directly and unambiguously harmful (e.g. offensive, racist, sexist, etc) we will consider an inclusion in a black list. Since by design we control the vocabulary and the quality of cloems, we are pretty certain that such a situation will not happen.

I found an imperfect cloem, what I can do ?

You can perfect it and let us know.

Can I host and publish cloems myself ?

No, read about our data portability policy. Consider the fact that centralizing contents on our website is a way to have cloems more visible.

Can I get the data of my cloems ?

No, we do not offer data portability. We want the cloem website to be the only one to host contents. You have a limited license on the cloems of your plan. You can search, consult, print cloems for example. But the absence of data portability is a limitation of the license which is granted to you.

Can Cloem print cloems "in paper" ?

We are studying such a possibility of commercializing printed publications of cloems. As of today, this service is not available and if you want your cloems to be printed out, you will have to do it by manually (by inserting our copyright notice)

TIMESTAMPING

What is a timestamp ?

A timestamp is a (mathematical) token which associates - with a certain level of proof - a date to an object. 

What does a timestamp prove for a cloem ?

A timestamp "proves" a date of existence. The token indicates an early date in the past, at which the text of the considered cloem existed. Maybe the same text existed well before (but had not been timestamped). This date of proven existence can be considered as a reliable date, because of the underlying mathematics.

What does not prove a timestamp ?

It does not prove the date of publication. A token does not embed nor prove the transformation of digital data into effective analog signals reaching human eyes.

Why not prove the date of publication ?

No one can ! To our knowledge, a mathematical proof of publication is not reachable. It has taken us years to figure that out... This impossibility is equivalent to the "analog hole" in video rendering. Even if you have an end-to-end encryption chain of your digital content (for example a theatre movie delivered by secured video-on-demand systems), no one can prevent someone to re-capture and encode the analog stream displayed for real on the TV in front of your eyes. The same reasoning applies for ad-blockers, which is a huge topic (but discreet). There is necessarily a component which has the last word in the signal rendering. For example, even after the browser, the GPU may still remove an ad embedded in the signal. To get an end-to-end solution, one should enclosed the human retina in the DRM chain to make sure an advertisement has been effectively delivered. The same reasoning applies for publication of patents. We're not there yet...

Is a proof of the date of creation sufficient ?

That's the maximum we can do. If we could do better, we would. We are continuously investigating ways to further improve our level of proof. We have some undisclosed fallbacks, if necessary. We also are developing further alternatives (not better, just different).

Do other systems like printed publication offer better levels of proof ?

Other systems are different. They have pros and cons. One major legal criterion is "accessibility to the public". What matters is the possibility of access, not its effectivity. What matters is not to prove that somebody accessed a document (e.g. logs) but that someone could have had an access to the content (e.g. availability, even if restricted or paid content). Printed publications for example: analog rendering is effective but if it is not indexed, it does not exist in reality. What if you have a book whose existence is hidden ? In some cases, you may not even know for sure when the book has been printed out. Electronic publication presents pros (e.g. international and fast access, timestamping, etc) and cons (e.g. ephemeral publishing raises difficult questions, etc).

What kind of timestamp is used by Cloem ?

We use a plurality of techniques, in combination. The details are proprietary and confidential.

Can Cloem prove publication ?

Timestamping proves the date of creation. To our knowledge, publication of the created content cannot be proved mathematically, otherwise we would do it. To date, it can be presumed that we effectively publish our created contents, as soon as we are instructed to do so. This presumption is rather strong as it is our core business to publish contents. We are permanently investigating technological and institutional developments which may further improve this level of proof.

Can I get the timestamp associated with a cloem of one of my plan ?

In theory you could, but in practice this is not our business model to deliver timestamps. At least for now, these timestamps are not required by patent offices. Would they be become required in future, we may reconsider the question (but this would come for an additional fee in any way). Read our Terms of Service.

Can I get the timestamp associated with a cloem of a third party ?

An opposition to a patent or a litigation (e.g nullity proceedings) may require such timestamp indeed. Our Terms of Service detail if - and how - you can get communication of such a token.

Do I need the timestamp to be communicated to the patent office if I want to use a cloem ?

During prosecution (e.g. examination or opposition), it is not required (at least in Europe). There can be a presumption that we are publishing contents with diligence when instructed. If you need to use one or more cloems during a litigation, the timestamp may be required. Read our Terms of Service and contact us.

LEGAL

Are cloems considered "prior art" ?

We don't know in fine. We hope so. It may also depend on jurisdictions. In our opinion, the contents are made accessible to the public in a way which in line with legal requirements, at least in Europe. It is possible that some jurisdictions accept cloems as prior art while others will reject them. We are very impatient to know the motivation for their rejection, if any. We will make our best to adjust our systems if necessary.

What is the use of cloems if they are not considered or accepted as prior art ?

Would cloems be rejected as prior art, you still could do a lot with cloems. For example, you can explore our databases, identify valuable contents, adapt them if you want, and apply for regular patent applications without being anticipated by them (symmetrical situation). Or you can browse your series, to identify better versions of your own base claims, for example before filing them. Read our use cases in the "Benefits" section.

Are cloems belonging to the public domain ?

The answer is generally negative. For example, a cloem can absolutely fall within the scope of a third party patent (which is first presumed valid). You have to make sure of your own patent clearances. A cloem also can be "in-between" several different IP rights so you better consider - by default - that cloems are NOT free of IP rights.

Are cloems free of IP rights ?

No ! See above.

Are cloems "verified" ?

Each and every cloem is algorithmically tested but we cannot manually review each and every text. We do not promise anything with cloems. We tentatively create - as "intelligent" as possible - variations of your patent claims. Read our Terms of Service and disclaimers.

Can I implement a product described in a cloem ?

We strongly advise you do not. Even if a cloem is identified as being one of your plans, you still have to clear your product or service. If you do implement a system or a method as described in a cloem, you do it at your OWN risks. Read our Terms of Service.

Can I copy/paste a cloem ?

You can copy reasonable amounts of texts from our website and copy them on your own website for example, but you have to indicate its origin, i.e. "Copyright of CLOEM(R)" with a link to our website.

Can I modify a cloem ?

Yes. It may well be that your modified version already exist in our system (in such a case, we have the associated timestamp before you). If we don't, then your version may be the first one ever (maybe).

Can I implement a modified version of a cloem ?

It is your sole and exclusive responsibility to clear your own products or services, absolutely not ours. This can be an extremely complex and risky task.

I identified one cloem which seems to anticipate my own invention, what should I do ?

If cloems end up by being recognized as prior art in your jurisdiction, you are taken a risk if you do file your application. If cloems are not considered as prior art, you should be safe to file. It is your choice to let know the Examiner or not (this can have consequences). This website is not legal advice: consult a patent attorney.

I identified one cloem which seems to anticipate the invention of a competitor of mine, what can I do ?

In such a case, you are free to notify the Examiner and/or your competitor of the cloem you found. For example, you can file a "third party submission" (at the EPO and/or at the USPTO). You can share the URL or the QR code of the cloem. You also better explain why you think the cloem is novelty destroying (or denying inventive step when combined with another document or cloem). Optionally you also can explain why you think that the cloem is prior art indeed. This site is not legal advice: consult a patent attorney.

I identified several cloems which when combined seem to endanger the inventive step of a patent application. What can or should I do ?

See the responses above.

CORPORATE

Who is part of Cloem ?

We are a team of passionate patent engineers and computer linguistics scientists. Our exact names are not disclosed for now, because we want to remain focus on the development of our technology and avoid external perturbations (jobs, investors, press, etc). The name of our President is disclosed. She is an experienced person (French notary public).

How experienced is Cloem in patent matters ?

We gained unique experiences and patent skills in patent departments of industry world leaders. We also experienced private practice as well, in major law firms. On the NLP side, our skills are also specifically directed to the handling of large patent corpus. Cloem is the result of many years of intense and crazy hard work of a passionate and skilled team on patents.

Are Cloem team members qualified attorneys ?

No. We are NOT patent attorneys. We are NOT admitted to ANY bar. We do NOT do the work of patent attorneys. We do not file, prosecute, oppose nor litigate patents. We do NOT draft patent claims: we create variants of YOUR patent claims with NLP, crowd-sourcing and other undisclosed technologies. Cloem is a COMMERCIAL company, which publishes texts.

Is Cloem an independent company?

Yes. We are completely independent as of today. Our company is not controlled by any other entity and we have no financial interests of any kind in any entity of any kind. We have simple life, some savings (no stocks), no big cars (nor intents to get ones).

Are there possible conflicts of interest, for example between clients ?

As any business can have to mitigate. We have the same obligations as any other commercial company or individual can have. For example, we have an obligation not to disclose confidential information of our past employers, if applicable. We also are bound by confidentiality agreements with our clients, if any. We never review your base claims on the substance, but only with respect to grammar and vocabulary. We do not handle "stop words lists" or equivalents (using certain words for certain clients for example). First of all, this wouldn't be fair and ethical. We aim at the highest standard in the matter and want to gain trust from our customers.

What are the corporate values of Cloem ?

We love science and cherish transparency. We think these values can let us meet success. We aim at gaining your trust. We align our decisions to reach the highest standard possible to deserve the trust of the public in general and of the patent community in particular. For example, publication is irrevocable because legal security comes first. We are honest, workaholic and passionate persons.

What is the mission of Cloem ?

Our mission statement is to help to improve the patent system. We currently apply the latest and leading edge NLP technologies to patents and we will further develop our technologies and ideas. We dream of a better patent system and we have tons of ideas therefore.

Is "Cloem" a trademark ?

Yes. Cloem(R) is a registered trademark in several countries. The company Cloem S.A.S.U. provides texts known as Cloems(TM)

Can I use the word "Cloem" as I want ?

No. See above. "Cloem" is a registered trademark. If you want to use the word "cloem" (in a blog or in a press article for example), we require (and thank) you to state : "Cloem(R) is a registered trademark, visit cloem.com". Alternatively, you can just add the (R) at least once to "cloem" and provide a link to our website. If you want to use the word "cloems" you have to add the (TM), at least once in a page. Capital letters do not matter, yet you can not use "cloem" as a verb or as a noun. For example, you cannot write "you can cloemize your claims" or "I found an interesting cloem" (if you do not have indicated elsewhere on the page or article that cloem is a trademark). For example a proper use is "CLOEM(R) provides great defensive publishing tools and in particular can create variants of your claims which they call cloemsTM, in a few easy steps. The cloem company helps to raise the bar".