Patenting the uses of the DICOM medical image standard

In a prior post, I described how the uses of standards can be patented, using DICOM as an example. DICOM (Digital Imaging and Communications in Medicine) is being actively promoted as a universal and exclusive standard for all medical images.

This blog examines one instance, in some detail, of a patent related to a common use of the DICOM standard.

U.S. Patent 6,725,231 is entitled "DICOM XML DTS/schema generator". This patent was filed March 27, 2001 by Jingkun H and Kwok Pun Lee and assigned to Philips Electronics. The patent was awarded on April 20, 2004.

The methods covered by a patent are enumerated in a list of patent claims. Claim 1 (of 15 claims) for this patent is:

"1. A method for mapping a DICOM specification into an XML document, comprising: mapping each entry of a DICOM table of the DICOM specification into a corresponding XML element of a plurality of XML elements, outputting each XML element of the plurality of XML elements to the XML document, in an output format that conforms to at least one of: an XML document-type-definition and an XML Schema. "

The reach of a patent is extended if it is awarded in both U.S. and International Patent Offices. The same application, has been awarded by the World Intellectual Property Organization, (WIPO), WO/2002/077896 DICOM XML DTS/schema generator.

Even after a patent has been awarded, it can sometimes be successfully argued, in court, that the claims are obvious or non-original and cannot be asserted against a user.

How do scientists demonstrate that an idea is original and non-obvious? They publish their work in a respected journal in their field of work. Journals are expected to reject submissions that are obvious or for which prior art (earlier publications) exist. For centuries, scientists have used publications as evidence of the validity, originality and scientific value of their work.

Jingkun H and Kwok Pun Lee published three original papers in the Journal of the American Medical Informatics Association (JAMIA), that are contemporary with their patent applications, and that describe methods related to their patents.

Zhao L, Lee KP, Hu J.
Generating XML schemas for DICOM structured reporting templates.
J Am Med Inform Assoc. 2005 Jan-Feb;12(1):72-83.

Lee KP, Hu J.
XML Schema Representation of DICOM Structured Reporting.
J Am Med Inform Assoc. 2003 Mar-Apr;10(2):213-23.

Tirado-Ramos A, Hu J, Lee KP.
Information object definition-based unified modeling language
representation of DICOM structured reporting: a case study of
transcoding DICOM to XML.
J Am Med Inform Assoc. 2002 Jan-Feb;9(1):63-71.

These described steps exemplify the way that the uses of a standard were patented. As shown previously, many uses of the DICOM standard have been included in current patent applications.

Having multiple image standards provides users an "out" when one standard becomes excessively encumbered. As discussed in a prior post, there are times when using a specification, rather than a standard, facilitates the the free, unencumbered exchange of annotations and image binary data.

-Jules Berman

tags: DICOM, intellectual property, medical images, patents, specifications, standards

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The uses of free standards can be patented

In a prior post, I described several ways in which data standards can become encumbered with intellectual property. One of these involves patenting the way that a standard is used. Even when a patent is free, there is nothing to stop an inventor from patenting uses for the standard.

DICOM (Digital Imaging and Communications in Medicine) exemplifies a standard that has a patented use. DICOM is a widely used image standard for radiologic images. Currently, there is an effort to have all medical specialties adopt DICOM as the exclusive format for all medical images.

U.S. Patent 6725231 , issued Apr 20, 2004, to Jingkun Hu and Kwok Pun Lee and assigned to Koninklijke Philips Electronics N.V., has the following claim.

"1. A method for mapping a DICOM specification into an XML document, comprising: mapping each entry of a DICOM table of the DICOM specification into a corresponding XML element of a plurality of XML elements,outputting each XML element of the plurality of XML elements to the XML document, in an output format that conforms to at least one of: an XML document-type-definition and an XML Schema."

A similar patent by the same parties sits at the European Patent Office (EPO).

Informaticians will note that teasing the data elements from a data object and porting them into XML is the bread-and-butter of modern informatics. A patent claim that covers this basic use of DICOM may be highly problematic.

SDOs(Standards Development Organizations) cannot stop inventors from patenting new and useful applications of their standards. However, there are easy ways for SDOs to reduce the risk of inventors patenting the common, expected uses of their standards. These will be described in a future post.

-Jules Berman tags: biomedical informatics, converting to xml, data standards, DICOM, embedded patents, european patent office, medical images, patent claims, radiology images, sdo, uspto, xml, science

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