CN102385731A - Trading method and trading system for intellectual property - Google Patents

Trading method and trading system for intellectual property Download PDF

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Publication number
CN102385731A
CN102385731A CN2010102756250A CN201010275625A CN102385731A CN 102385731 A CN102385731 A CN 102385731A CN 2010102756250 A CN2010102756250 A CN 2010102756250A CN 201010275625 A CN201010275625 A CN 201010275625A CN 102385731 A CN102385731 A CN 102385731A
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intellecture property
case
intellecture
expense
account
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CN2010102756250A
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简昭珩
王瀚民
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Abstract

The invention relates to a trading method and a trading system for intellectual property. The method comprises the following steps: providing a plurality of accounts; acquiring at least one intellectual property case of each account; establishing an intellectual property data base for storing a plurality of intellectual property cases of the accounts; receiving a scheme to be solved, wherein the scheme to be solved contains the technical problems of the technical field; screening at least one intellectual property case which accords with the technical field and solves the technical problems from the intellectual property data base; providing at least one intellectual property case and acquiring corresponding compensation expense; and providing a part of compensation expense for the accounts according to the preset condition.

Description

The method of commerce of intellecture property and transaction system thereof
Technical field
The present invention relates to a kind of method of commerce and transaction system, particularly a kind of method of commerce of intellecture property and transaction system.
Background technology
Under the development trend of kownledge economy; More and more enterprises actively drop into innovation research and development and the operation management of resource in Knowledge Assets; As far as enterprise, intellecture property not only can be via the commercialization creation of value, also can the raising industry gets into obstacle, obtains the advantage of inter-industry competition.Can therefore, intellecture property becomes the center of gravity of enterprise value gradually, or even the key factor that make a profit of enterprise.
Add up according to TaiWan, China Department of Intellectual Property; The patent application case amount was nearly 80,000 in 2009; According to China national Department of Intellectual Property statistics, amount of the application for patent reached 970,000 in 2009, and annual growth is 17.9%; From the angle of patent quantity, the amount of the application for patent of countries in the world and license quantity all are the trend that presents growth.Be accompanied by the growth trend of patent quantity; The frequency of action for infringement of a patent also significantly promotes thereupon; Lawsuit compensation or conciliate gold and also hit new peak repeatly, the compensation that for example positive safe group asks surplus in the of 3.3 hundred million yuan to Schneider company in China, both reach global dispute settlement afterwards; By Schneider company to 1.575 hundred million yuan of positive safe group payment compensation payment Renminbi, the height of the amount of compensation be in the Chinese in recent years similar case.
In order to avoid the impact that action for infringement of a patent causes enterprise; The enterprise of controlled infringement must propose corresponding patent and be on the defensive or strike back, yet most enterprises do not have enough patents and deal with action for infringement of a patent; So that, wind up with Litis aestimatio or reconciliation gold mostly in the face of lawsuit.Therefore; How a kind of patent mechanism of exchange is provided; Let enterprise when the action for infringement of a patent, can obtain outside patent and be on the defensive or strike back, even when enterprises faces technical matters; Outwards the request technology support to be overcoming technical matters, desires most ardently the problem of improvement for inventor of the present invention and the art of being engaged in these relevant industries.
Summary of the invention
In view of this, the present invention proposes a kind of method of commerce of intellecture property, comprises the following step: a plurality of accounts are provided; Obtain at least one intellecture property case of each account; Set up the intellecture property database, in order to store a plurality of intellecture property cases of a plurality of accounts; Receive scheme to be solved, scheme to be solved comprises the technical matters of technical field; At least one intellecture property case that meets technical field and technical solution problem from the screening of intellecture property database; At least one intellecture property case is provided and obtains corresponding remuneration expense; And the pre-conditioned remuneration expense that a part is provided of foundation is to account.
The method of commerce of intellecture property of the present invention wherein, after the step of at least one this intellecture property case that obtains each account, also comprises: a value of assessing each this intellecture property case.
The method of commerce of intellecture property of the present invention, wherein, in the step that obtains this corresponding remuneration expense, according to this remuneration expense of this value calculation of this intellecture property case.
The method of commerce of intellecture property of the present invention wherein, after the step of the said intellecture property case of storing said account, also comprises: the validity of safeguarding said intellecture property case according to a management condition.
The present invention also proposes a kind of method of commerce of intellecture property, comprises the following step: the intellecture property database is provided, a plurality of intellecture property cases of intellecture property database storing; Receive scheme to be solved, scheme to be solved comprises the technical matters of technical field; At least one intellecture property case that meets technical field and technical solution problem from the screening of intellecture property database; And obtain at least one intellecture property case and pay corresponding remuneration expense.
The method of commerce of intellecture property of the present invention, wherein, in the step that this intellecture property database is provided, one of this each this intellecture property case of intellecture property database storing is worth.
The method of commerce of intellecture property of the present invention, wherein, in the step of this corresponding remuneration expense of payment, according to this remuneration expense of this value calculation of this intellecture property case.
The present invention also proposes a kind of transaction system of intellecture property, comprises: account module, store a plurality of accounts, and each account has at least one intellecture property case; The intellecture property database is stored a plurality of intellecture property cases of a plurality of accounts; The technology screening module receives scheme to be solved, and scheme to be solved comprises the technical matters of technical field, and the technology screening module meets at least one intellecture property case of technical field and technical solution problem in the screening of intellecture property database; Reach the valuation module, calculate corresponding remuneration expense, and the pre-conditioned remuneration expense that a part is provided of foundation is to account according at least one intellecture property case of technology screening module screening.
The transaction system of intellecture property of the present invention wherein, also comprises: an evaluation module, and to assess a value of each this intellecture property case, and this value is stored in this intellecture property database, this valuation module is according to this remuneration expense of this value calculation.
The transaction system of intellecture property of the present invention wherein, also comprises: one safeguards module, safeguards the validity of said intellecture property case according to a management condition.
The present invention provides the intellecture property database, supplies the obligee to deposit its intellecture property case, and safeguards its validity; Outside enterprise can meet the intellecture property case of demand according to the technical matters screening of its technical field; And pay rational remuneration expense and give the obligee, moreover, when outside enterprise faces technical matters; Can make the utilization of intellecture property case have more efficient to the support of obligee's request technology to overcome technical matters.
The present invention has the following advantages:
(1) obligee only need focus on the intention exploitation, does not need do-it-yourself to go management or maintenance knowledge property right case.
(2) obligee can collect the remuneration expense or provides a loan according to the intellecture property case of its account, can effectively promote the obligee its intention to be converted into the wish of intellecture property case.
(3) financial institution can converge the intellecture property case in whole its intellecture property database, according to the difference of its technical field respectively to the different external business enterprise expand, the efficient of transaction, mandate or the use of advancement of knowledge property right case.
(4) financial institution can assist outside enterprise or obligee to engage in a lawsuit; Or replace outside enterprise or obligee to engage in a lawsuit with own name; Because therefore behaviors such as there is not manufacturing in financial institution, peddles, use or import can be reduced in the risk that pendente lite is countercharged.
(5) outside enterprise can meet the intellecture property case of demand according to the technical matters screening of its technical field; Buying out or to ask mandate, use etc. to utilize the intellecture property case, and pay rational remuneration expense (as buying out expense, mandate expense or cost of use etc.) and give the obligee.
(6) when outside enterprise faces technical matters, can make the utilization of intellecture property case have more efficient to the support of obligee's request technology to overcome technical matters.
Below in embodiment, be described in detail detailed features of the present invention and advantage; Its content is enough to make any personnel that are familiar with correlation technique to understand technology contents of the present invention and implements according to this; And according to the content that this instructions and accompanying drawing disclosed, any personnel that are familiar with correlation technique can understand purpose and the advantage that the present invention is correlated with easily.
Description of drawings
Fig. 1 is a hardware block diagram of the present invention;
Fig. 2 is schematic flow sheet of the present invention (one);
Fig. 3 is schematic flow sheet of the present invention (two).
The main element symbol description
1 ... ... the .. transaction system
10.............. account module
11.............. account
12.............. intellecture property case
20.............. intellecture property database
30.............. outside enterprise
31.............. scheme to be solved
40.............. technology screening module
50.............. valuation module
52.............. evaluation module
54.............. maintenance module
Embodiment
See also shown in Figure 1ly, be the intellecture property transaction system 1 that the present invention disclosed, in the present embodiment, the present invention preferably can apply to financial institution, but the present invention is non-as limit, also can apply to patent and trademark office, intellectual property right management mechanism etc.Intellecture property transaction system of the present invention comprises: account module 10, intellecture property database 20, technology screening module 40, valuation module 50.
Account module 10; Store a plurality of accounts 11, each account 11 has at least one intellecture property case 12, wherein; Account 11 can be electronic account; Have name on account and account password, the obligee can login the right state and the relevant information of electronic account inquiry intellecture property case 12, for example stored knowledge property right case 12 interest expense of deriving etc.
A plurality of intellecture property cases 12 of a plurality of accounts 11 of intellecture property database 20 storages, wherein, intellecture property case 12 can be the relevant case of intellecture properties such as patent case, trade mark case, literary property case, and can be according to its classification of technology fields.At this; Intellecture property database 20 can supply obligee, outside enterprise 30 or other people to retrieve intellecture property case 12; And can be regularly or according to technical field the information of newly-increased intellecture property case 12 is sent to obligee, outside enterprise 30 or other people, reach the purpose of promoting intellecture property case 12.Moreover financial institution can compare the content of intellecture property case and find out the outside enterprise 30 that is suitable for this intellecture property case, and can be open with other or the intellecture property case comparison of bulletin and find out the advantage of this intellecture property case.
Technology screening module 40 receives the scheme to be solved 31 that outside enterprise 30 is provided; Scheme 31 to be solved comprises the technical matters of a particular technology area; The heat dissipation problem of light emitting diode (LED) for example; In addition, technology screening module 40 can be screened in intellecture property database 20 according to technical field, to find out the intellecture property case 12 that meets technical field and technical solution problem.
Valuation module 50 is in order to the remuneration expense of calculation knowledge property right case 12; For example the mandate expense or the cost of use of different condition; But and calculation knowledge property right case 12 interest expense of being derived etc.; At this; Valuation module 50 is calculated corresponding remuneration expense in intellecture property case 12 backs of technology screening module 40 screening, and according to the pre-conditioned remuneration expense that a part is provided to the account 11 under the intellecture property case 12, for example with the account 11 that offers the obligee after 20% deduction tax of remuneration expense or other necessary expenses; In addition, the interest expense that valuation module 50 can be derived according to specified conditions calculation knowledge property right case 12, time of account 11 stored knowledge property right cases 12 for example, and interest expense can extract the certain proportion payment by the remuneration expense.
The present invention also can comprise: evaluation module 52; Assess the value of each intellecture property case 12; And value is stored in intellecture property database 20, and make that valuation module 50 can be according to the value calculation remuneration expense of intellecture property case 12, also can be in order to calculate its interest expense.At this, have various evaluation models in the evaluation module 52, for example cost-or-market method, market method, income approach, right to choose method etc. behind intellecture property case 12 input evaluation modules 52, can be selected the value of different evaluation model evaluation intellecture property case 12 for use.Moreover; After the value of evaluation module 52 estimation intellecture property cases 12; The obligee can the intellecture property case 12 for guarantee to financial institution's apply for loan, the value that outside enterprise 30 or other people also can intellecture property cases 12 is bought out intellecture property case 12 to financial institution or obligee.
In addition, the present invention also can comprise: maintenance module 54, according to the validity of management condition maintenance knowledge property right case 12; For example management condition is the fees of maintenance first six months that expire; When a certain intellecture property case 12 meets this management condition, maintenance module 54 promptly can send safeguards notice, so that financial institution continues monitoring and pays fees of maintenance to official; Or notify the obligee to pay fees of maintenance to official by financial institution, to keep the validity of intellecture property case 12.
The technical matters that has a particular technology area when outside enterprise 30; Can be according to the intellecture property case 12 of this scheme 31 to be solved with technology screening module 40 screening intellecture property databases 20; If when finding the intellecture property case 12 that meets technical field and technical solution problem; According to the value payt expense of this intellecture property case 12, valuation module 50 to account 11, makes the obligee can obtain proper reward according to the pre-conditioned remuneration expense that a part is provided.If when failing to find the intellecture property case 12 that meets technical field and technical solution problem; Can scheme to be solved be offered the obligee of each account 11; But conceive the scheme of technical solution problem by the obligee of each account 11; Obtain the technical support of exterior of enterprise thus, and after overcoming technical matters, provide remuneration to the obligee.After this; Can be by scheme that the obligee conceived according to bilateral agreement application intellectual property protection, and how agreement to share application expenses and mete out rewards, and for example applies for intellectual property protection by the obligee; Authorize outside enterprise to use again; Or the obligee transfers outside enterprise with applying right, by the application intellectual property protection of outside enterprise, or by obligee and the co-applications intellectual property protection of outside enterprise.
See also shown in Figure 2ly, the method for commerce of intellecture property of the present invention comprises the following step:
Step 201: a plurality of accounts 11 are provided.
With a plurality of accounts 11 of account module 10 storages, wherein, account 11 can be electronic account, has name on account and account password.
Step 202: at least one intellecture property case 12 that obtains each account 11.
Each account 11 has at least one intellecture property case 12, but the right state and the relevant information of obligee's logon account 11 inquiry intellecture property cases 12, for example stored knowledge property right case 12 interest expense of deriving etc.
After this step, also comprise: the value of assessing each intellecture property case 12.At this, can pass through various evaluation models, for example cost-or-market method, market method, income approach, right to choose method etc., the value of evaluate knowledge property right case 12.Moreover; After the value of evaluation module 52 estimation intellecture property cases 12; The obligee can the intellecture property case 12 for guarantee to financial institution's apply for loan, the value that outside enterprise 30 or other people also can intellecture property cases 12 is bought out intellecture property case 12 to financial institution or obligee.
Step 203: set up intellecture property database 20, in order to store a plurality of intellecture property cases 12 of a plurality of accounts 11.
A plurality of intellecture property cases 12 of a plurality of accounts 11 of intellecture property database 20 storages, wherein, intellecture property case 12 can be the relevant case of intellecture properties such as patent case, trade mark case, literary property case, and can be according to its classification of technology fields.
At this; Intellecture property database 20 can supply obligee, outside enterprise 30 or other people to retrieve intellecture property case 12; And can be regularly or according to technical field the information of newly-increased intellecture property case 12 is sent to obligee, outside enterprise 30 or other people, reach the purpose of promoting intellecture property case 12.
After this step, also comprise: according to the validity of management condition maintenance knowledge property right case 12.For example management condition is the fees of maintenance first six months that expire; When a certain intellecture property case 12 meets this management condition; Promptly can send and safeguard notice; So that financial institution continues monitoring and pays fees of maintenance to official, or notifies the obligee to pay fees of maintenance to official by financial institution, to keep the validity of intellecture property case 12.In addition, financial institution can compare the content of intellecture property case and find out the outside enterprise 30 that is suitable for this intellecture property case, and can be open with other or the intellecture property case comparison of bulletin and find out the advantage of this intellecture property case.
Step 204: receive scheme 31 to be solved, scheme 31 to be solved comprises the technical matters of technical field.
Receive the scheme to be solved 31 that outside enterprise 30 is provided, scheme 31 to be solved comprises the technical matters of a particular technology area, for example the heat dissipation problem of light emitting diode (LED).
Step 205: the intellecture property case 12 that meets technical field and technical solution problem from 20 screenings of intellecture property database.
Screen in intellecture property database 20 via technology screening module 40, to find out the intellecture property case 12 that meets technical field and technical solution problem.
Step 206: intellecture property case 12 is provided and obtains corresponding remuneration expense.
If when finding the intellecture property case 12 that meets technical field and technical solution problem, outside enterprise 30 gives financial institution according to the value payt expense of this intellecture property case 12.At this, the remuneration expense can get according to the value calculation of intellecture property case 12.
Step 207: the pre-conditioned remuneration expense that a part is provided of foundation is to account 11.
To account 11, make the obligee can obtain proper reward according to the pre-conditioned remuneration expense that a part is provided, for example provide 30% of remuneration expense to offer account 11, financial institution then collects 70% of remuneration expense.
If when failing to find the intellecture property case 12 that meets technical field and technical solution problem; Can scheme to be solved be offered the obligee of each account 11; But conceive the scheme of technical solution problem by the obligee of each account 11; Obtain the technical support of exterior of enterprise thus, and after overcoming technical matters, provide remuneration to the obligee.After this; Can be by scheme that the obligee conceived according to bilateral agreement application intellectual property protection, and how agreement to share application expenses and mete out rewards, and for example applies for intellectual property protection by the obligee; Authorize outside enterprise to use again; Or the obligee transfers outside enterprise with applying right, by the application intellectual property protection of outside enterprise, or by obligee and the co-applications intellectual property protection of outside enterprise.
See also shown in Figure 3ly, the method for commerce of intellecture property of the present invention comprises the following step:
Step 301: intellecture property database 20 is provided, a plurality of intellecture property cases 12 of intellecture property database 20 storages.
A plurality of intellecture property cases 12 of a plurality of accounts 11 of intellecture property database 20 storages, wherein, intellecture property case 12 can be the relevant case of intellecture properties such as patent case, trade mark case, literary property case.In addition; After the value of each intellecture property case 12 of assessment, value is stored in intellecture property database 20, with its remuneration expense of value calculation through intellecture property case 12; Also can be in order to calculating its interest expense, and interest expense can extract the certain proportion payment by the remuneration expense.
Step 302: receive scheme 31 to be solved, scheme 31 to be solved comprises the technical matters of technical field.
Receive the scheme to be solved 31 that outside enterprise 30 is provided, scheme 31 to be solved comprises the technical matters of a particular technology area, for example the heat dissipation problem of light emitting diode (LED).
Step 303: the intellecture property case 12 that meets technical field and technical solution problem from 20 screenings of intellecture property database.
Screen in intellecture property database 20 via technology screening module 40, to find out the intellecture property case 12 that meets technical field and technical solution problem.
Step 304: obtain intellecture property case 12 and the corresponding remuneration expense of payment.
If when finding the intellecture property case 12 that meets technical field and technical solution problem, outside enterprise 30 gives financial institution according to the value payt expense of this intellecture property case 12.At this, the remuneration expense can get according to the value calculation of intellecture property case 12.
If when failing to find the intellecture property case 12 that meets technical field and technical solution problem; Can scheme to be solved be offered the obligee of each account 11; But conceive the scheme of technical solution problem by the obligee of each account 11; Obtain the technical support of exterior of enterprise thus, and after overcoming technical matters, provide remuneration to the obligee.After this, can be by scheme that the obligee conceived according to branch prescription formulas such as bilateral agreement application intellectual property protection and expense, remunerations.
Though technology contents of the present invention discloses as above with preferred embodiment; Yet it is not in order to limit the present invention; Anyly have the knack of this operator; Change and retouching in some that do not break away from that spirit of the present invention does, all should be covered by in the category of the present invention, so protection scope of the present invention should be looked accompanying Claim and defined and be as the criterion.

Claims (10)

1. the method for commerce of an intellecture property is characterized in that, comprises the following step:
A plurality of accounts are provided;
Obtain at least one intellecture property case of each account;
Set up an intellecture property database, in order to store the said intellecture property case of said account;
Receive a scheme to be solved, this scheme to be solved comprises a technical matters of a technical field;
Screen at least one this intellecture property case that meets this technical field and solve this technical problem from this intellecture property database;
At least one this intellecture property case is provided and obtains a corresponding remuneration expense; And
Foundation one pre-conditioned this remuneration expense that a part is provided is to the account.
2. the method for commerce of intellecture property as claimed in claim 1 is characterized in that, after the step of at least one this intellecture property case that obtains each account, also comprises:
Assess a value of each this intellecture property case.
3. the method for commerce of intellecture property as claimed in claim 2 is characterized in that, in the step that obtains this corresponding remuneration expense, according to this remuneration expense of this value calculation of this intellecture property case.
4. the method for commerce of intellecture property as claimed in claim 1 is characterized in that, after the step of the said intellecture property case of storing said account, also comprises:
Safeguard the validity of said intellecture property case according to a management condition.
5. the method for commerce of an intellecture property is characterized in that, comprises the following step:
One intellecture property database is provided, a plurality of intellecture property cases of this intellecture property database storing;
Receive a scheme to be solved, this scheme to be solved comprises a technical matters of a technical field;
Screen at least one this intellecture property case that meets this technical field and solve this technical problem from this intellecture property database; And
Obtain at least one this intellecture property case and the corresponding remuneration expense of payment.
6. the method for commerce of intellecture property as claimed in claim 5 is characterized in that, in the step that this intellecture property database is provided, one of this each this intellecture property case of intellecture property database storing is worth.
7. the method for commerce of intellecture property as claimed in claim 6 is characterized in that, in the step of this corresponding remuneration expense of payment, according to this remuneration expense of this value calculation of this intellecture property case.
8. the transaction system of an intellecture property is characterized in that, comprises:
One account module is stored a plurality of accounts, and each account has at least one intellecture property case;
One intellecture property database is stored the said intellecture property case of said account;
One technology screening module; Receive a scheme to be solved; This scheme to be solved comprises a technical matters of a technical field, at least one this intellecture property case that this technology screening module meets this technical field and solves this technical problem in this intellecture property database screening; And
One valuation module is calculated a corresponding remuneration expense according at least one this intellecture property case of this technology screening module screening, and foundation one pre-conditioned this remuneration expense that a part is provided is to the account.
9. the transaction system of intellecture property as claimed in claim 8; It is characterized in that, also comprise: an evaluation module, assess a value of each this intellecture property case; And this value is stored in this intellecture property database, this valuation module is according to this remuneration expense of this value calculation.
10. the transaction system of intellecture property as claimed in claim 8 is characterized in that, also comprises: one safeguards module, safeguards the validity of said intellecture property case according to a management condition.
CN2010102756250A 2010-09-03 2010-09-03 Trading method and trading system for intellectual property Pending CN102385731A (en)

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Application Number Priority Date Filing Date Title
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Cited By (6)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
CN107016116A (en) * 2017-04-18 2017-08-04 赖灿 A kind of method by quoting specific knowledge progress commodity production
CN107533713A (en) * 2015-05-20 2018-01-02 日本精工株式会社 Price fixing accessory system, price fixing auxiliary program, price fixing householder method, knowledge property evaluation accessory system, knowledge property evaluation auxiliary program and knowledge property evaluation setting householder method
CN107609848A (en) * 2017-11-06 2018-01-19 张婷 A kind of IPR licensing method and system based on Internet of Things
CN108428201A (en) * 2018-04-02 2018-08-21 深圳市华慧品牌管理有限公司 The sale device and marketing method of intellectual property mandate contract
CN109389259A (en) * 2017-08-02 2019-02-26 北京恒冠网络数据处理有限公司 A kind of intellectual property interactive system and method
CN110599111A (en) * 2018-05-25 2019-12-20 深圳市富金服科技股份有限公司 Labor reward dispensing method and labor reward dispensing system

Cited By (6)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
CN107533713A (en) * 2015-05-20 2018-01-02 日本精工株式会社 Price fixing accessory system, price fixing auxiliary program, price fixing householder method, knowledge property evaluation accessory system, knowledge property evaluation auxiliary program and knowledge property evaluation setting householder method
CN107016116A (en) * 2017-04-18 2017-08-04 赖灿 A kind of method by quoting specific knowledge progress commodity production
CN109389259A (en) * 2017-08-02 2019-02-26 北京恒冠网络数据处理有限公司 A kind of intellectual property interactive system and method
CN107609848A (en) * 2017-11-06 2018-01-19 张婷 A kind of IPR licensing method and system based on Internet of Things
CN108428201A (en) * 2018-04-02 2018-08-21 深圳市华慧品牌管理有限公司 The sale device and marketing method of intellectual property mandate contract
CN110599111A (en) * 2018-05-25 2019-12-20 深圳市富金服科技股份有限公司 Labor reward dispensing method and labor reward dispensing system

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Application publication date: 20120321