CA2911065A1

CA2911065A1 - Method and system for promoting, offering for sale/license and selling/licensing national and regional patent application rights associated with published unexpired pct patent applications

Info

Publication number: CA2911065A1
Application number: CA2911065A
Authority: CA
Inventors: Philip Brian Kerr; Juergen Fuchs; Robin Timothy Crouch
Original assignee: Pctxs Inc
Current assignee: Pctxs Inc
Priority date: 2015-05-22
Filing date: 2015-11-03
Publication date: 2016-11-22

Abstract

A method and system for promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published PCT patent applications are provided. A server computer is connected to the Internet. A patent application database is connected to the server computer. The patent application database has stored therein PCT patent application information associated with published PCT patent applications. The server computer generates data indicative of an interactive Internet website for promoting, offering for sale/license and selling/licensing the national and regional phase patent application rights associated with the published PCT patent applications. The interactive Internet website enables communication between the server computer and users of client computers connected to the Internet. The server computer receives from a first user, via the Internet website executed on a first client computer, a first request for providing information indicative of published PCT patent applications based on user selected search criteria presented to the first user via the Internet website. The server computer searches the patent application database in dependence upon the request and provides the information to the first client computer. The information comprises sale/license information indicative of at least a country or region for which the national and regional phase patent application rights associated with the published PCT patent application are offered for sale/license. The first client computer displays the information in a human comprehensible form via the Internet website executed thereon.

Description

METHOD AND SYSTEM FOR PROMOTING, OFFERING FOR SALE/LICENSE AND
SELLING/LICENSING NATIONAL AND REGIONAL PATENT APPLICATION RIGHTS
ASSOCIATED WITH PUBLISHED UNEXPIRED PCT PATENT APPLICATIONS
FIELD OF THE INVENTION
The present invention relates a method and system for promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published PCT patent applications, and more, particularly, to a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet.
BACKGROUND OF THE INVENTION
Every year, approximately 200,000 new PCT patent applications are filed on a world-wide basis, legally reserving potential patent rights in over 140 countries around the world for up to 30/31 (or 42 in case of Canada) months (referred to herein collectively as the "30/31 month deadline".
However, at the end of the 30/31 month deadline, these potential rights expire to the extent that he owner does not "enter" the "national phase" (or in some cases, the "regional phase") in one or more countries ("entering the national phase" means converting the PCT patent application into a national patent application in a country).
In other words, when a person files a PCT patent application, that patent application does not itself result in patents in each of the -PCT member countries, it merely gives the owner the right to convert the PCT patent application into one or more national patent or regional patent applications (that directly or indirectly cover the PCT member countries). The PCT patent application itself does not continue to be processed after the 30/31 month deadlines expire, its usefulness expiring at the conclusion of the 30/31 month deadlines.

Converting a single PCT patent application into national applications in each of the PCT member countries is extremely expensive (the fees per country generally include local government fees, local attorney charges, where applicable, domestic attorney charges, and where required, translation charges.
As a practical matter, owners often tend to choose fewer than 5 to 10 countries or regions, the remaining countries and regions being relatively too expensive for that owner, as a result of which potential patent rights expire in a very large number of countries and regions, unless these potential patent rights are sold prior to the expiration of the 30/31 month deadline to a party interested in completing the national/regional phase entry for that/those countries in order to capitalize on the patent rights in that/those countries.
By way of example only, in 2013, more than 200,000 PCT patent applications were filed on a worldwide basis.
In that same year, of the approximately 200,000 possible national phase patent application filings in Canada, only a small fraction of the possible national phase patent applications were filed in Canada.
In order to finance their research, universities or large research and development firms offer their technology to the public by way of auction and/or the Internet. Furthermore, some patent law firms offer their client's technology for sale, for example, by advertising the same on their website.
One such tool is FlintBox developed in 2003 by the University of British Columbia and acquired by Wellspring in 2010 enabling marketing of: new technologies, creative works, course materials, and innovative ideas. FlintBox provides a potential buyer or investor with a bulletin board style search of posted short descriptions of new technologies, creative works, course materials, and innovative ideas.

However, FlintBox does not provide a potential buyer with the means for searching based on a buyer's specific queries only technology that is available for sale on a country by country basis.
In particular, FlintBox , as well as other similar tools, is not capable of relevant, focused querying of technology that is subject of an unexpired PCT patent application and that is: in a specific technology classification such as, for example, patent classifications; and/or; for which PCT patent application the owner is offering for sale the national phase rights in a country or countries; and/or; where at least one of the claims in the PCT patent application is considered patentable according to the Written Opinion of the International Search Authority.
It is desirable to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet.
It is also desirable to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a potential buyer to access the relevant information using simple or sophisticated queries.
It is also desirable to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a potential buyer to access the published PCT patent application, the Search Report, and the Written Opinion.
It is also desirable to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a seller to post the relevant information in a substantially quick and simple fashion.
SUMMARY OF THE INVENTION

Accordingly, one object of the present invention is to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet.
Another object of the present invention is to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a potential buyer to access the relevant information using simple or sophisticated queries.
Another object of the present invention is to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a potential buyer to access the published PCT patent application, the Search Report, and the Written Opinion.
Another object of the present invention is to provide a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a seller to post the relevant information in a substantially quick and simple fashion According to one aspect of the present invention, there is provided a method for promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published PCT patent applications. The Method provides a substantially user-auto-populatable and fully searchable internet-based marketplace advising the world of the availability for sale/license, and asking price, for PCT patent application rights in countries around the world. The method also provides the potential buyer with links or access to the actual PCT patent application as filed with the International Patent Office, the Search Report and Written Opinion of the International Search Authority (where available), and the opportunity to . link to promotional video, images, or animations that are relevant to the technology (the -Written Opinion of the International Search Authority is a formal and written assessment and analysis of whether the technology claimed in the PCT patent application, in the opinion of an independent and respected Authority, is patentable). This gives potential buyers an unbiased 3rd party assessment of the likelihood that the technology in the PCT Patent application is patentable. The technology is fully, and easily searchable (by owner, or technology, or classification, or inventor, or patent application, and other useful/relevant criteria). This includes search analysis tools that will allow the user to identify relevant opportunities where the owner clearly has faith in the technology, but hasn't fully converted the opportunity (for example, whether the owner has chosen to enter the US, Europe (expensive), and Japan (expensive), but has not chosen Canada, or Australia, or India, indicating potentially attractive opportunities in those markets).
According to one aspect of the present invention, there is provided a method for promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published PCT patent applications. A server computer is connected to the Internet. A patent application database is connected to the server computer.
The patent application database has stored therein PCT patent application information associated with published PCT patent applications. The server computer generates data indicative of an interactive Internet website for promoting, offering for sale/license and selling/licensing the national and regional phase patent application rights associated with the published PCT patent applications. The interactive Internet website enables communication between the server computer and users of client computers connected to the Internet. The server computer receives from a first user, via the Internet website executed on a first client computer, a first request for providing information indicative of published PCT patent applications based on user selected search criteria presented to the first user via the Internet website. The server computer searches the patent application database in dependence upon the request and provides the information to the first client computer. The information comprises sale/license information indicative of at least a country or region for which the national and regional phase patent application rights associated with the published PCT patent application are offered for sale/license. The first client computer displays the information in a human comprehensible form via the Internet website executed thereon.

According to another aspect of the present invention, there is provided a system for promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published PCT patent applications. The system comprises a patent application database having stored therein PCT patent application information associated with published PCT patent applications and a server computer connected to the Internet and to the patent application database. The server computer generates data indicative of an interactive Internet website for promoting, offering for sale/license and selling/licensing the national and regional phase patent application rights associated with the published PCT
patent applications.
The interactive Internet website enables communication between the server computer and users of client computers connected to the Internet. The server computer receives from a first user, via the Internet website executed on a first client computer, a first request for providing information indicative of published PCT patent applications based on user selected search criteria presented to the first user via the Internet website and searches the patent application database in dependence upon the request. The server computer provides the information to the first client computer for displaying the same in a human comprehensible form via the Internet website executed thereon. The information comprises sale/license information indicative of at least a country for which the national and regional phase patent application rights associated with the published PCT patent application are offered for sale/license.
The advantage of the present invention is that it provides a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet.
A further advantage of the present invention is that it provides a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a potential buyer to access the relevant information using simple or sophisticated queries.

A further advantage of the present invention is that it provides a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a potential buyer to access the published PCT
patent application, the Search Report, and the Written Opinion (where available).
A further advantage of the present invention is that it provides a method and system for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet that enables a seller to post the relevant information in a substantially quick and simple fashion.
BRIEF DESCRIPTION OF THE DRAWINGS
A preferred embodiment of the present invention is described below with reference to the accompanying drawings, in which:
Figure 1 is a simplified block diagram illustrating a system for promoting, offering for sale and selling national and international patent application rights and patent rights in inventions according to a preferred embodiment of the invention;
Figure 2a is a simplified flow diagram illustrating provision of PCT patent application information for viewing in a method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figure 2b is a simplified flow diagram illustrating posting of PCT patent application information in the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figure 3a is a simplified block diagram illustrating a homepage of an interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figures 3b to 3e are simplified block diagram illustrating webpages for searching and viewing PCT patent applications of the interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figures 3f to 3h are simplified block diagram illustrating webpages for posting and managing posted PCT patent applications of the interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT
patent applications by means of the Internet according to a preferred embodiment of the invention;
Figure 3i is simplified block diagram illustrating a webpage for viewing promotional information associated with a PCT patent applications of the interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figures 3j and 3k are simplified block diagram illustrating webpages for creating and managing seller and buyer portfolios, respectively, of the interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figure 31 is a simplified block diagram illustrating another homepage of an interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figure 3m is a simplified block diagram illustrating a webpage for creating and managing an account with the interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figure 3n is a simplified block diagram illustrating a start page of an interactive Internet website of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention;
Figures 4a to 4j are screenshots of various pages of an implementation of the method for promoting, offering for sale and selling national and international patent application rights and patent rights in inventions according to a preferred embodiment of the invention.
DESCRIPTION OF THE PREFERRED EMBODIMENT
Unless defined otherwise, all technical and scientific terms used herein have the same meaning as commonly understood by one of ordinary skill in the art to which the invention belongs.
Although any methods and materials similar or equivalent to those described herein can be used in the practice or testing of the present invention, the preferred methods and materials are now described.
It is noted the preferred embodiments hereinbelow are with reference to selling and/or licensing national and regional phase patent application rights associated with published unexpired PCT
patent applications by means of the Internet. Seller and buyer may agree to terms of the sale/license such as, for example, preventing the exportation of products from that jurisdiction, or importation into another jurisdiction (such as the seller's jurisdiction). The license may be exclusive, non-exclusive or sole, and may be a "lump sum" or royalty fee based, duration based, or any combination or other standard license with legal language to protect against grey marketing.
Referring to Figure 1, a system 100 for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a preferred embodiment of the invention is provided. The system 100 comprises a patent application database 104 having stored therein patent application information associated with the inventions and a server computer 102 connected to the Internet 10 and to the patent application database 104 for operating an interactive Internet website and enabling access to the patent application database 104 via the interactive Internet website. The server computer 102 when executing executable commands stored in a non-transient storage medium such as, for example, a hard drive, performs the tasks of a method for promoting, offering for sale and selling national and international patent application rights and patent rights in inventions by means of the Internet, preferred embodiments of which will be described hereinbelow, with the main tasks comprising:
generating and operating an interactive Internet website; managing posting of or uploading of patent applications and related information; querying the patent application database;
establishing communication links; managing user accounts; managing payments; managing posting of advertisements; and, optionally, providing machine translations of readable text files.

The database 104 is, preferably, generated and operated using a standard SQL
based database management system such as, for example, MySQL, PostgreSQL, Oracle, or Sybase.
The server computer 102 is, preferably, a standard server computer capable of executing a web server application such as, for example, the widely used web server software "Apache HTTP Server".
Optionally, the server computer 102 comprises multiple processing modules with each processing module being associated with the processing of a specific task such as, for example, database management module 106, account management module 108, payment module 110, and advertisement module 112. The multiple processing modules may be implemented software based ¨ multiple software platforms - or hardware based ¨ multiple processors.
The interactive Internet website is, preferably, created as a dynamic website employing widely used software systems such as, for example, PHP Hypertext Processor ,Common Gateway Interface (CGI), Java Servlets, or Java Server Pages. The webpages of the interactive Internet website are provided based on widely used Graphical User Interface (GUI) technology enabling the user to interact, for example, by clicking on selected icons, selecting from scroll down menus, and enter text into text fields. In one embodiment, the interactive Internet website enables provision of "multimedia" such as, for example, audio, video, and animation, employing widely used Web browser plugins such as, for example, Adobe Flash, Adobe Shockwave, Microsoft Silverlight, and applets written in Java, or HTML 5 which includes provisions for audio and video without plugins. Further preferably, the interactive Internet website is adapted to enable communication with users of various different types of client computers having Internet 10 connectivity such as, for example, desktop and laptop computers 20.1 having monitor 22.1 and keyboard 24.1, tablet computers and Personal Digital Assistants (PDAs) 20.2 having touchscreen 22.2, and smartphones 20.3 having touchscreen 22.3. Further preferably, the interactive Internet website is adapted to enable access to information such as, for example, promotional information, of a patent application that is available from a different Internet domain 30 than the server 102 - such as, for example, the web server of a company posting patent applications for promoting, offering for sale and selling national and international patent application and patent rights, video sharing websites such as YouTube, or the patent database of the World Intellectual Property Organization WIPO - connected to the Internet 10 using, for example, widely used hyperlinking technology.

Referring to Figures 2a, 2b, and 3a to 3k, a method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to a first embodiment of the invention is provided. The server computer 102 generates ¨
210 - data indicative of an interactive Internet website for promoting, offering for sale/license and selling/licensing the national and regional phase patent application rights associated with the published PCT patent applications. The interactive Internet website enables ¨

communication between the server computer 102 and users of client computers 20.1-20.3 connected to the Internet 10. When accessing the interactive Internet website via one of the client computers 20.1-20.3, the user is presented with a homepage, as illustrated in Figure 3a, enabling:
a potential buyer to select the 'Search and View' option for searching and viewing posted unexpired PCT patent applications, sale/license information, and other relevant information; and, a seller to select the 'Post' option for posting unexpired PCT patent applications, by clicking on the button associated with the respective option.
After clicking on the 'Search & View PCT Patent Applications' button, the user is presented with a webpage such as illustrated in Figure 3b providing various search options for searching the patent application database 104 such as, for example, selecting a country or countries for which the national and international patent application and patent rights are offered for sale from countries listed - for example, in alphabetical order in a scroll down menu ¨
optionally selecting a technology from different technologies such as "automotive", "construction", "electronics", etc.
listed - for example, in alphabetical order in a scroll down menu - and by using keywords. For example, the user may select one or more countries, a technology, and further refine the search by entering one or more keywords. Further search options may include searching based on patent classifications (such as, for example IPC); and/or; for which PCT patent application the owner is offering for sale the national phase rights in a country or countries; and/or;
for which PCT patent application the owner is not offering for sale the national phase rights in a country or countries;
and/or; where at least one of the claims in the PCT patent application is considered patentable according to the Written Opinion of the International Search Authority.

Optionally, the user is enabled to choose further predefined database search criteria such as:
i) Geographic availability or non-availability with the latter being differentiated whether the seller chose not to make it available ¨ indicating seller confidence and likely entry into national patent application by the seller ¨ vs. non-availability due to sale of the national patent rights to an interested third party and indicating confirmation that the third party has provided some confirmation of its value;
ii) Name of applicant; and, iii) Time to end of 30 or 31 month deadline.
After clicking the "Submit" button, the search request is provided to the server computer 102.
After receipt ¨ 230 - of the search request the server computer 102 searches ¨
240 - the patent application database 104 in dependence upon the search query, as illustrated in Figure 2a, and provides ¨ 250 - the search results to the client computer where they are displayed in a new webpage or window, illustrated in Figure 3c, by listing the found patent applications, for example, sorted by country, or in order of the date of posting (or the date of the expiration of the national entry, or another user defined ordering) in a scroll down menu. The user is then enabled to select one or more of the listed patent application(s) for viewing by clicking on the respective patent application in the list.
After receiving the request for providing PCT patent application information related to a specific user selected PCT patent application the server computer retrieves the information associated with the user selected PCT patent application and provides the same to the client computer where it is displayed via the interactive Internet website displaying a new webpage or window, illustrated in Figure 3d. The displayed information ¨ 260- comprises, for example: PCT patent application number; PCT publication number; international filing date;
earliest priority date; title;
IPC; abstract; representative drawing; applicant(s) name(s); inventor(s) name(s); agent(s) name(s); a 30 month and a 31 month expiration date of availability of the national and regional phase patent application rights; and, 270 - an asking price for each country or region the national and regional phase patent application rights associated with the published PCT
patent application are offered for sale/license (which may also include terms of sale/license to be agreed to by the buyer).

Optionally, the webpage displays a number of claims considered in the Written Opinion to meet all three requirements for patentability or that at least one of the claims meet these requirements -271.
Further optionally, the webpage displays and unexecuted, partially pre-populated pro forma patent application rights assignment agreement document and a seller's pre-acknowledgement of a willingness to enter into an assignment agreement in this form with any successful purchaser -272.
The webpage also enables the user to view: the published PCT patent application; the Search Report of the International Search Authority; and, the Written Opinion of the International Search Authority (if available) by clicking on the respective button - 280.
The webpage also enables the user to send a message to the seller's agent of the national and regional phase patent application rights associated with the published PCT
patent application ¨
290 ¨ by clicking the 'Contact Agent' button. The agent's contact information may be obtained from the seller when posting the published PCT patent application or from the agent, for example, when signing up to the Internet website.
Preferably, after clicking the 'Contact Agent' button the webpage displays a menu, illustrated in Figure 3e, enabling the user to: provide contact information; indicate country_(countries) and/or region(s) for which the user intends to buy/license the patent application rights associated with the published PCT patent application ¨ 290A; and, provide a message to the agent. The information is then sent to the agent by clicking on the 'Send' button. In one embodiment of the invention, the Contact Agent button also triggers a "pay per click" feature to which the agent has subscribed, the trigger charging the agent an amount for each click of the "Contact Agent"
button.
Optionally, the server computer 102 tracks the number of times a particular published PCT patent application was the subject of a displayed search result, as well as the number of times a particular published PCT patent application information page was displayed.
The information is then displayed to all viewers of the published PCT patent application to show the interest in the published PCT patent application.
Referring to Figures 2b, 3f and 3g, a seller is enabled to post a published PCT patent application.
After clicking ¨ 310 - on the 'Post PCT Patent Applications' button on the webpage illustrated in Figure 3a, the seller is presented ¨ 320 - with a webpage such as illustrated in Figure 3f prompting and enabling the seller to provide information indicative of one of a PCT patent application number and a PCT publication number associated with the published PCT patent application. After entering one of a PCT patent application number and a PCT
publication number in the respective field and clicking the 'Auto-Populate' button, the server computer 102 retrieves ¨ 330 - from the WIPO website connected to the Internet the PCT
patent application information in dependence upon the one of a PCT patent application number and a PCT
publication number. The PCT patent application information comprises the other of a PCT patent application number and a PCT publication number; international filing date;
earliest priority date;
title; IPC; abstract; representative drawing; applicant(s) name(s);
inventor(s) name(s); and, agent(s) name(s). The server computer 102 provides ¨ 340 - the PCT patent application information to the patent application database 104 for storage therein and ¨
350 - to the client computer for displaying the PCT patent application information in a human comprehensible form via the Internet website executed thereon. The server computer 102 also determines ¨ 360 - a 30 month and a 31 month expiration date of availability of the national and regional phase patent application rights.
In case retrieval of the PCT patent application information associated with a PCT patent application number is unsuccessful, the server computer 102 generates a message for display on the seller's client computer, the message indicating to check if the PCT
patent application is correct and if it is correct that the PCT patent application has not yet been published, suggesting filing a publication request.
The server computer 102 further establishes ¨ 370 - access to: the published PCT patent application; the Search Report of the International Search Authority; and, the Written Opinion of tire International Search Authority. Access to the published PCT patent application and the , Search Report is provided by the server computer 102 generating a hyperlink to the published PCT patent application information on the WIPO website. The Written Opinion is uploaded by the seller or the seller's agent.
After, or while, displaying the PCT patent application information the seller is provided with a webpage as illustrated in Figure 3g prompting and enabling the seller to upload the Written Opinion (if unavailable from the WIPO website) and ¨ 380 - to provide information indicative of an asking price for selling/licensing the national and regional phase patent application rights associated with the published PCT patent application. For example, the seller is provided with a list of PCT member countries and associated fields for entering the respective asking price for selling/licensing. The PCT patent application is then posted by clicking the 'Submit' button.
Optionally, a scroll down menu is displayed ¨ 380A - for selecting countries or regions and for entering a respective asking price with the asking price of at least a portion of the countries or regions provided in a pre-populated fashion. For example, the seller enters an asking price for a region which is then used to pre-populate the countries of this region.
Alternatively, the pre-population is done based on the asking prices of a PCT patent application previously posted by the seller.
Optionally, the webpage prompts and enables the seller to provide information ¨ 381 - indicative of a number of claims considered in the Written Opinion to meet all three requirements for patentability or that at least one of the claims meet these requirements.
Optionally, the webpage prompts and enables the seller to provide the number of references in categories 'X' and 'Y' cited in the International Search report using, for example, a scroll down menu which will be displayed, for example, together with the number of claims considered in the Written Opinion to meet all three requirements for patentability.
Optionally, the server computer 102 generates an unexecuted, partially pre-populated pro forma patent application rights assignment agreement document and provides the same to the client computer ¨ 382. The client computer displays the patent application rights assignment agreement document in a human comprehensible form via the Internet website executed thereon and enables the seller to pre-acknowledge a willingness to enter into an assignment agreement in this form with any successful purchaser and provides the pre-acknowledgement to the server computer 102 for storage in the patent application database 104.
Optionally, the user is prompted to provide an indication for display to potential buyers that the user believes in the technology. For example, the user provides an indication that he has filed national or regional patent applications in Japan, Europe and/or other very expensive countries/regions. Alternatively, the user provides information regarding the investment into the implementation of the invention.
Referring to Figure 3h, the seller is enabled to edit an already posted PCT
patent application. For example, the seller is presented with the webpage illustrated in Figure 3h, enabling editing the sale/license information or to deactivate the posted PCT patent application.
The seller is presented with this webpage, for example, by entering the PCT patent application number of the already posted PCT patent application on the webpage illustrated in Figure 3E
Optionally, the seller is enabled to provide promotional information associated with the posted PCT patent application for being presented to potential buyers, for example, using a link on the search result page illustrated in Figure 3d to a new webpage, illustrated in Figure 3i, displaying the promotional information using at least one of: text; image; audio; video;
and, animation.
Preferably, the server computer 102 compares the 30 month expiration date of availability of the national and regional phase patent application rights with a present date and if the comparison is indicative of elapse of availability removes the countries and regions associated with the 30 month expiration date from the sale/license information. Optionally, a notification of the removal is sent to the seller, for example, a predetermined time interval prior to the removal.
The same is repeated for the 31 month expiration date of availability of the national and regional phase patent application rights. Optionally, the server computer 102 determines if Canada is designated as a country for which the national and regional phase patent application rights associated with the published PCT patent application are offered for sale/license. If Canada is not designated as a country for which the national and regional phase patent application rights associated with the published PCT patent application are offered for sale/license, the server computer 102 generates a message indicating that Canada has a 42 month expiration date of availability of the national phase patent application rights and can still be offered for sale/license and provides the same to the seller's client computer.
Optionally, users are enabled to create and manage seller and buyer portfolios, as illustrated, for example, in Figures 3j and 3k, respectively. The portfolios list the posted/selected PCT patent application, the dates ¨ for example, of posting/selecting or expiration dates ¨ the status ¨ for example, active, deactivated and allow the user to edit entries, for example, to change the status., by clicking on the respective button under 'EDIT'.
Preferably, the interactive Internet website prompts users to agree to the 'Terms and Conditions' of the website, for example, prior enabling a potential buyer to select the search criteria and prior enabling a seller to provide the PCT patent application number or the PCT
publication number.
In one embodiment, the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet as described hereinabove all functions are freely accessible without creating an account with the website.
In a second embodiment of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT patent applications by means of the Internet according to the invention, the interactive Internet website has two levels of access. A public access level enables the user to freely search the patent application database 104 for posted PCT patent applications and view the posted PCT patent applications, while posting PCT patent applications is accessible for account holders only. The account may be free or charged, for example, on an annual basis. For example, the homepage, illustrated in Figure 31, enables free access for searching and viewing by clicking on the 'SEARCH & VIEW' button. For other functions such as posting a PCT
patent application the user can 'Login' if he/she is an account holder or 'Create an Account', as will be described hereinbelow, by clicking on the respective buttons.
Alternatively, the user is allowed to freely search and view the PCT patent applications, but is prevented from contacting the agent unless the user is an account holder.
Further alternatively, the user is allowed to freely search and view the PCT
patent applications with limited search criteria such as, for example, keyword search of title and abstract, technological field, and countries the PCT patent application rights are offered, and display of only promotional information, but is prevented from viewing the PCT patent application information, contacting the agent, and posting a PCT patent application unless the user is an account holder.
Further alternatively, also the searching and viewing of the PCT patent applications is only available for account holders.
Referring to Figure 3m, the user is presented with the "Create/Manage Account"
webpage after clicking on "Create Account" on the homepage or "Manage Account" after Login.
The "Create/Manage Account" webpage enables the user to provide user account information such as First Name and Last Name of a user name, Affiliation, Address, Country, and Email Address.
Further, the user is enabled to provide a Password for accessing the account.
Preferably, the user is prompted to provide a 'strong' password in a conventional manner. Changes to any of the fields represented by the respective icons are saved by clicking the "EDIT"
icon. The account may be free or charged, for example, on an annual basis.
Optionally, the "Create/Manage Account" webpage further comprises a payment section enabling the user to make secure online payments in a conventional manner via, for example, credit card or PayPal by clicking on the "Select Payment Method/Make Payment" icon.
Clicking on the "Accounts Payable" icon presents the user with a list of the charges the user is required to pay such as, for example, account renewal fee, portfolio management fee, and posting fee, as will be described hereinbelow.
After clicking on the "Login" icon on the webpage illustrated in Figure 31, the user is provided with a typical Login window requesting provision of, for example, the account holder's user name and a password. After successful Login the account holder is presented with, for example, the webpage illustrated in Figure 3n displaying the icons: "Search & View Patent Applications";
"Post a Patent Application"; "Manage Account"; "Manage Portfolio"; and, "Notification", providing the user full access to the interactive Internet website, as will be described hereinbelow.
After clicking on the "Notification" button the user is presented, for example, with a list of technologies and a list of countries using conventional scroll down menus on which the user clicks on the selected technology and country. The server computer 102 then sends a notification email to the email address provided by the user on the "Create/Manage Account"
webpage. For example, the user is provided with an email message such as:
NOTICE TO SUBSCRIBER: The National Research Council of Canada technology titled ANTENNA DEVICE, in the field of radio electronics, is available for sale in Japan and Australia. Originally not available for sale in Canada, USA and Europe. As of the date of this NOTICE, it is not available for sale in Canada, USA, Europe and China.
There are various possibilities for the interactive Internet website to generate revenue. In one embodiment all features of the website are available for free, while revenue is generated by displaying advertisement on at least one of the webpages. For example, when displaying selected PCT patent applications banner ads of law firms are displayed therewith with the banner ads having a 'pay-per-click' feature resulting in a payment from the law firm to the website when the ad is clicked on and an internal ad appearing or a link to the law firm's homepage. For example, the banner ads are displayed in dependence upon a country chosen by the user.
Further revenue may be generated with the 'Contact Agent' button in Figure 3d and/or the 'Send' button in Figure 3e having a 'pay-per-click' feature where for each click a payment is made by the seller's agent to the website. Optionally, server computer determines the 'pay-per-click' payment dependent on one of:
the number of countries chosen by the first user;
the identity of a country or countries chosen by the first user;
a total asking price of countries chosen by the first user; and, the number of click-throughs already experienced on the PCT patent application (reflecting the demand, or lack thereof, for the technology).
Further sources of revenue are provided by features of the website prompting and enabling a user to provide payment information for payment of various services such as, for example:
a posting fee prior to providing the posting information;
a buyer's portfolio fee, for example, on an annual basis;
a seller's portfolio fee, for example, on an annual basis;
an account fee, for example, on an annual basis;
a notification fee, for example, on an annual basis; and, a transaction fee to be paid by purchaser at time of sale.
As is evident to one skilled in the art, there are numerous possibilities for combining the various options of the method for worldwide promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published unexpired PCT
patent applications by means of the Internet according to the invention with the different levels of access and the different means for generating revenue.
Referring to Figures 4a to 4j, an example implementation of the method for promoting, offering for sale and selling national and international patent application rights and patent rights in inventions by means of the Internet according to a preferred embodiment of the invention is provided. Figure 4a illustrates the 'start/home' page of the website called `PCTxs'. Looking at the 'search' page, illustrated in Figure 4b, the search criteria are entered in the left hand column, while the search results are presented in the right hand column after clicking the GET RESULTS
button and/or are presented immediately and are constantly updated as additional search terms are added. Clicking on the right arrow associated with a specific search result, or title thereof, immediately takes the user to the detail search 'results' page, illustrated in Figure 4c. Clicking the BACK TO SEARCH button takes the user back to the 'search page'. An interested buyer is enabled to establish communication by clicking the CONTACT AGENT button -which may have implemented the pay-per-click feature as described hereinabove - leading to the 'contact the agent' page, illustrated in Figure 4d, providing information about the contact agent as well as enabling the user to select countries of interest and to send a message to the contact agent. The seller is enabled to post patent rights for sale in a PCT patent application using the `PCT
Lookup', illustrated in Figures 4e and 4f. After entering the PCT application number in the 'Lookup' page, illustrated in Figure 4e, the respective PCT patent application information comprising PCT numbers, publication date, title, applicant, inventor is retrieved and displayed on a new webpage, illustrated in Figure 4f, after confirming and clicking the AUTO-POPULATE
button the respective PCT patent application and data associated therewith is retrieved from a database by. For example, access to the PCT patent application and data is established by providing a hyperlink to the respective PCT patent application at the WIPO
website, the contact agent has established a database containing the PCT patent applications of his clients, or the PCT
patent application is retrieved manually using the `Patentscope' search engine on the WIPO
website. Successful retrieval is confirmed and the PCT application and data are presented on the `PCT Preview' page, illustrated in Figure 4g. Using the 'input your PCT sales information' page, illustrated in Figure 4h, the seller is enabled to input the asking price for various countries. For example, the countries are presented by regions such as North America.
Clicking on a region then presents the different countries of the region. The page may comprise a default prepopulate feature. For example, the seller provides an asking price for the region, which is then used to prepopulate all countries of the region with this asking price. The seller then may or may not change the preset asking price for one or more countries. Optionally, the page is prepopulated using asking prices previously provided by the seller for a different patent application. Further optionally, a running total for each region is calculated and displayed. After clicking the SUBMIT button the seller is presented with a confirmation. The 'your PCT
entries' page, illustrated in Figure 4i, lists the seller's posted patent applications and their status. The 'edit your PCT' page, illustrated in Figure 4j, enables the seller to edit any entry related to an already posted patent application, as well as to deactivate the same.
The present invention has been described herein with regard to preferred embodiments. However, it ,will be obvious to persons skilled in the art that a number of variations and modifications can , be made without departing from the scope of the invention as described herein.

Claims

THE EMBODIMENTS OF THE INVENTION IN WHICH AN EXCLUSIVE PROPERTY
OR PRIVILEGE IS CLAIMED ARE DEFINED AS FOLLOWS:

1. A method for promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published PCT patent applications comprising:
providing a server computer connected to the Internet;
providing a patent application database connected to the server computer, the patent application database having stored therein PCT patent application information associated with published PCT patent applications;
the server computer generating data indicative of an interactive Internet website for promoting, offering for sale/license and selling/licensing the national and regional phase patent application rights associated with the published PCT patent applications, the interactive Internet website enabling communication between the server computer and users of client computers connected to the Internet;
the server computer receiving from a first user, via the Internet website executed on a first client computer, a first request for providing information indicative of published PCT patent applications based on user selected search criteria presented to the first user via the Internet website;
the server computer searching the patent application database in dependence upon the request and providing the information to the first client computer, the information comprising sale/license information indicative of at least a country or region for which the national and regional phase patent application rights associated with the published PCT
patent application are offered for sale/license; and, the first client computer displaying the information in a human comprehensible form via the Internet website executed thereon.

2. The method according to claim 1 comprising:
the server computer receiving from a second user, via the Internet website executed on a second client computer connected to the Internet, a posting request for posting PCT
patent application information associated with a published PCT patent application for promoting, offering for sale/license and selling/licensing the national and regional phase patent application rights associated with the same;
the server computer providing posting information to the second client computer; and, the second client computer displaying the posting information in a human comprehensible form via the Internet website executed thereon.

3. The method according to claim 2 wherein the displayed posting information prompts and enables the second user to provide information indicative of one of a PCT
patent application number and a PCT publication number associated with the published PCT patent application.

4. The method according to claim 3 comprising:
the server computer retrieving from a WIPO website connected to the Internet the PCT patent application information in dependence upon the one of a PCT patent application number and a PCT publication number;
the server computer providing the PCT patent application information to the patent application database for storage therein;
the server computer providing the PCT patent application information to the second client computer; and, the second client computer displaying the PCT patent application information in a human comprehensible form via the Internet website executed thereon.

5. The method according to claim 4 comprising:
the server computer receiving a PCT patent application number;
the server computer communicating with the WIPO website for retrieving the PCT
patent application information associated with the PCT patent application number;
and, if retrieval of the PCT patent application information is unsuccessful, the server computer generating a message for display on the second client computer, the message indicating that the PCT patent application has not yet been published and suggesting filing a publication request.

6. The method according to claim 4 wherein the PCT patent application information retrieved by the server computer comprises: the other of a PCT patent application number and a PCT
publication number; international filing date; earliest priority date; title;
IPC; abstract;

representative drawing; applicant(s) name(s); inventor(s) name(s); and, agent(s) name(s).

7. The method according to claim 6 comprising the server computer determining a 30 month and a 31 month expiration date of availability of the national and regional phase patent application rights.

8. The method according to claim 7 comprising the server computer comparing the 30 month expiration date of availability of the national and regional phase patent application rights with a present date and if the comparison is indicative of elapse of availability removing the countries and regions associated with the 30 month expiration date from the sale/license information.

9. The method according to claim 8 comprising:
the server computer comparing the 31 month expiration date of availability of the national and regional phase patent application rights with a present date and if the comparison is indicative of elapse of availability removing the countries and regions associated with the 31 month expiration date from the sale/license information;
the server computer determining if Canada is designated as a country for which the national and regional phase patent application rights associated with the published PCT
patent application are offered for sale/license; and, if Canada is not designated as a country for which the national and regional phase patent application rights associated with the published PCT patent application are offered for sale/license, the server computer generating a message indicating that Canada has a 42 month expiration date of availability of the national and regional phase patent application rights and can still be offered for sale/license; and, the server computer providing the message to the second client computer.

10. The method according to claim 6 wherein the server computer generates a hyperlink to the PCT patent application information on the WIPO website for accessing the published PCT patent application and the International Search Report.

11. The method according to claim 6 wherein the displayed posting information prompts and enables the second user to upload the Written Opinion associated with the published PCT patent application.

12. The method according to claim 6 wherein the displayed posting information prompts and enables the second user to provide information indicative of a number of claims considered in the Written Opinion to meet all three requirements for patentability.

13. The method according to claim 6 wherein the displayed posting information prompts and enables the second user to provide information indicative of an asking price for selling/licensing the national and regional phase patent application rights associated with the published PCT
patent application.

14. The method according to claim 13 wherein the displayed posting information displays a scroll down menu for selecting countries or regions and for entering a respective asking price.

15. The method according to claim 14 wherein the displayed posting information displays the asking price of at least a portion of the countries or regions in a pre-populated fashion.

16. The method according to claim 6 comprising:
the server computer generating an unexecuted, partially pre-populated pro forma patent application rights assignment agreement document;
the server computer providing the patent application rights assignment agreement document to the second client computer;
the second client computer displaying the patent application rights assignment agreement document in a human comprehensible form via the Internet website executed thereon and enabling the second user to pre-acknowledge a willingness to enter into an assignment agreement in this form with any successful purchaser;
the second client computer providing the pre-acknowledgement to the server computer; and, the server computer providing the pre-acknowledgement to the patent application database for storage therein.

17. The method according to claim 3 wherein the displayed posting information prompts the second user to agree to 'Terms and Conditions' of the website prior enabling the second user to provide the information.

18. The method according to claim 2 comprising:
the server computer determining access privilege of the second user to the Internet Website; and, the server computer providing the posting information to the second client computer if the access privilege is indicative of account holder access.

19. The method according to claim 18 comprising:
the server computer prompting and enabling the second user via the Internet website to provide payment information for payment of a posting fee prior to providing the posting information to the second client computer.

20. The method according to claim 2 comprising enabling the second user to create/manage a seller's portfolio of a plurality of posted PCT patent applications.

21. The method according to claim 20 comprising:
prompting and enabling the second user to provide payment information for payment of a seller's portfolio fee.

22. The method according to claim 1 wherein the first client computer displays: a PCT patent application number; a PCT publication number; international filing date;
earliest priority date;
title; IPC; abstract; representative drawing; applicant(s) name(s);
inventor(s) name(s); agent(s) name(s); and, a 30 month and a 31 month expiration date of availability of the national and regional phase patent application rights.

23. The method according to claim 22 wherein the first client computer displays a number of claims considered in the Written Opinion to meet all three requirements for patentability.

24. The method according to claim 22 wherein the first client computer enables the first user to view: the published PCT patent application; the International Search Report;
and, the Written Opinion.

25. The method according to claim 22 wherein the first client computer displays the sale/license information comprising an asking price for each country or region the national and regional phase patent application rights associated with the published PCT patent application are offered for sale/license.

26. The method according to claim 22 wherein the first client computer displays an unexecuted, partially pre-populated pro forma patent application rights assignment agreement document and a seller's pre-acknowledgement of a willingness to enter into an assignment agreement in this form with any successful purchaser.

27. The method according to claim 22 wherein the first client computer enables the first user to send a message to a seller's agent of the national and regional phase patent application rights associated with the published PCT patent application.

28. The method according to claim 22 wherein the first client computer displays a menu enabling the first user to indicate country(countries) and/or region(s) for which the first user intends to buy/license the patent application rights associated with the published PCT
patent application.

29. The method according to claim 1 wherein the interactive Internet website prompts the first user to agree to 'Terms and Conditions' of the website prior enabling the first user to select the search criteria.

30. The method according to claim 1 comprising:
the server computer determining access privilege of the first user to the Internet Website; and, the server computer enabling the first user to select the search criteria if the access privilege is indicative of account holder access.

31. The method according to claim 1 comprising:
the server computer receiving from the first user, via the Internet website executed on the first client computer connected to the Internet, a creating account request for creating an account for accessing the Internet Website;
the server computer providing creating account information to the first client computer; and, the first client computer displaying the creating account information in a human comprehensible form via the Internet website executed thereon.

32. The method according to claim 31 comprising:
prompting and enabling the first user to provide user information indicative of at least a user name and contact information.

33. The method according to claim 32 comprising:
prompting and enabling the first user to provide payment information for payment of an account fee.

34. The method according to claim 32 comprising:
enabling the first user to provide a request for notification if a new patent application has been filed in accordance with user determined criteria.

35. The method according to claim 34 comprising:
prompting and enabling the first user to provide payment information for payment of a notification fee.

36. The method according to claim 1 comprising enabling the first user to create/manage a buyer's portfolio of a plurality of posted PCT patent applications.

37. The method according to claim 36 comprising:
prompting and enabling the second user to provide payment information for payment of a buyer's portfolio fee.

38. The method according to claim 27 wherein the first client computer displays a 'Contact Agent' button having a 'pay-per-click' feature where for each click a payment is made by the seller's agent to the website.

39. The method according to claim 27 wherein the first client computer displays 'Send' button for sending a message to the seller's agent having a 'pay-per-click' feature where for each click a payment is made by the seller's agent to the website.

40. The method according to claim 39 wherein the server computer determines the payment dependent on one of:
the number of countries chosen by the first user;
the identity of a country or countries chosen by the first user;
a total asking price of countries chosen by the first user; and, the number of click-throughs already experienced on the PCT patent application.

41. The method according to claim 1 wherein the first client computer displays at least a banner ad of a law firm, the banner ad having a 'pay-per-click' feature resulting in a payment from the law firm to the website when clicked on and a link to the law firm's homepage.

42. The method according to claim 41 wherein the first client computer displays the banner ad in dependence upon a country chosen by the first user.

43. A system for promoting, offering for sale/license and selling/licensing national and regional phase patent application rights associated with published PCT patent applications comprising:
a patent application database having stored therein PCT patent application information associated with published PCT patent applications; and, a server computer connected to the Internet and to the patent application database, the server computer performing:
generating data indicative of an interactive Internet website for promoting, offering for sale/license and selling/licensing the national and regional phase patent application rights associated with the published PCT patent applications, the interactive Internet website enabling communication between the server computer and users of client computers connected to the Internet;
receiving from a first user, via the Internet website executed on a first client computer, a first request for providing information indicative of published PCT patent applications based on user selected search criteria presented to the first user via the Internet website;
and, searching the patent application database in dependence upon the request and providing the information to the first client computer for displaying the same in a human comprehensible form via the Internet website executed thereon, the information comprising sale/license information indicative of at least a country for which the national and regional phase patent application rights associated with the published PCT
patent application are offered for sale/license.

44. The system according to claim 43 wherein the server computer comprises:
a database management module for searching the patent application database in dependence upon a user request;
an account management module for managing access to the Internet website;
a payment module connected to the server computer for managing payments for services provided via the Internet website; and, an advertisement module for managing advertisement displayed via the Internet website.