CN105741207A - Utility model patent value evaluation method - Google Patents
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- CN105741207A CN105741207A CN201610078980.6A CN201610078980A CN105741207A CN 105741207 A CN105741207 A CN 105741207A CN 201610078980 A CN201610078980 A CN 201610078980A CN 105741207 A CN105741207 A CN 105741207A
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Abstract
The invention discloses a utility model patent value evaluation method. Through combination of the actual situations of utility model patents, on the basis of taking the patent right stability arguments of the utility model patents as front evaluation processes, omni-directional, fine and three-dimensional split evaluation with strong operability is carried out to the basic situations and patent contents of the utility model patents; live and innovative evaluation methods such as self-evaluation, peer-evaluation, reply, secondary peer-evaluation, secondary replay and public evaluation are applied fully; and the problem that the patent value evaluation become a mere formality is solved.
Description
Technical field
The present invention relates to the field of the value assessment of patent, the method particularly relating to the value assessment of a kind of centesimal utility model patent.
Background technology
Patent is popular foundation, the basic demand of millions of people innovation and the index of quantization, and meanwhile, Ye Shi pioneering enterprise sets up the only way which must be passed of core competitiveness.Still, at present, the value assessment of patent, especially the value assessment of utility model patent, still only has traditional assessment mode based on finance with sales achievement or prospect, so it is difficult to play itself value of patent, also easily the assessment of patent is become the assessment to patent working company simultaneously, the value assessment of patent itself is professional not.
At present, the department such as State Intellectual Property Office has also built the online rating system based on patent itself, but system is confined to the assessment of patent text itself at present for the assessment of patent, is also made for the combination of its market value and puts in place not.
Simultaneously, at present no matter which kind of evaluation method, it is for evaluated people, or just entirely waits for information, or does not just feed back the recordable channel of meaning, cause the whole process of valuation of patent, all become excessively subjective, feel it is that the value of evaluation is that trustee has the final say to people, as long as paying, not how much not all being a problem of assessment.
For the public, or shareholder, the assessment of patent value remains existence and is not desired to listen, and does not hear, the problem do not understood, market value aspect for patent, also it is substantially and accepts and believe the description entrusting application in patent assessment completely, for practical situation, still simply simply beat a folding, and not going demonstration, it has finally lacked objectivity and authority.
In patent valve estimating report, the content of report does not list concrete evaluation process and reply process substantially yet, certainly it is also impossible to also list the evaluation sound of the public, the user of report substantially cannot understand the actual content of patent assessment report, causes patent assessment report simply a kind of pro forma legal documents.
For utility model patent, in current evaluation methodology, not using the stability of the patent right of the utility model patent flow process as preposition demonstration；When the patent right instability of utility model patent, the value of the patent entrusted and estimated value are all not high, and then wasting manpower and material resources.
Summary of the invention
In order to solve the problems referred to above, the present invention intends the method for openly a kind of utility model patent value assessment, it is in conjunction with the practical situation of utility model patent, patent right stability at utility model patent is proved on the basis as preposition estimation flow, basic condition and patent content to utility model patent have carried out comprehensive, careful and three-dimensional workable point row and have evaluated, fully used self-appraisal, he comments, replies, secondary he comment, secondary reply and evaluation methodology that Public Appraisal etc. is lived, innovation, intend to solve the problem that patent valve estimating becomes a mere formality.
A kind of method that the invention discloses utility model patent value assessment, it comprises the steps:
Utility model patent information to be assessed for step S10 prepares: user prepares to need to submit the patent No. of utility model patent of assessment, patent name, patent application day, patent disclosure day, license day, patent legal state information, patent inventor, patent applicant, patent right situation and patent right stability data to；
Step S20 essential information typing: user is by above-mentioned ready patent information correspondence input system；
Step S21 uploads utility model patent appraisal report: user uploads valuation of patent report, the retrieval report of patent creativeness, court decision document and the relevant testimonial material provided by State Intellectual Property Office, and material is proved or quotes as proof；
The patent right estimation of stability of step S22 utility model patent: system is randomly drawed three experts of patent workflow management class and formed patent right stability and prove expert group, the utility model patent appraisal report that step S21 is uploaded carries out manual evaluation, and draws preliminary demonstration conclusion；
Step S23 publicity also accepts public's inquiry: the suggestion of the public is openly collected in the conclusion report of proving formed by step S22, accept the public to address inquires to, reply that the expert group being simultaneously made up of step S22 carries out addressing inquires to, collect and process, when proposing the stability of patent right that reliable voucher can have influence on this utility model patent, return step S21 and discussed with further continuing with the adminicle of property by applicant；
Step S24 forms the report of final stability: through above-mentioned in steps after, and when the public in step S23 remains without, after publicity expires, the qualitative opinion proposing to have influence on the stability of the patent right of this utility model patent, generate final stability report, announce；When utility model patent qualitative for stablize time, perform each flow process after step S30, otherwise then no longer execution step S30 and follow-up flow process, the value assessment of this utility model patent terminates, and evaluated value does valueless process, and announces；
Step S30 shows scoring item and standard: patent value scoring item set by system demonstration native system and the standards of grading of correspondence；
Step S41 self-appraisal: user's scoring item according to step S30 and standards of grading carry out self-appraisal, and each item rating content being felt, the score value that the patent of oneself is worth carries out self evaluation；
Step S42 he comment: system is randomly drawed first three experts in experts database and is carried out contrast scoring item described in step S30 and standard is marked respectively, and then system calculates average mark respectively according to each item rating, adds up the average mark of final score simultaneously；
Step S50 intersects scoring: after completing step S41 and step S42, system by self-appraisal and he appraise appraisal result through discussion and intersect three experts being shown to outside second group of experts database first member non-, above-mentioned two groups of scorings are carried out second time scoring；
Step S61 supplements according to and replys: the expert of self-appraisal people and first time scoring according to the appraisal result of second group of expert, self-appraisal result and he comment result to carry out supplementing of foundation, and reply the problem that two groups of experts put forward in time；
Step S62 proposes to address inquires to: above-mentioned two groups of experts all can propose to address inquires to respectively, and the scope of inquiry is only limitted to the scope described in the scoring item listed by step S30；
Step S70 replies further: user carries out last discussion and demonstration according to inquiry proposed for step S62, uploads simultaneously and thinks more strong evidence；
Step S80 calculates score and forms report: after system gets rid of first group and second group of specialist crew at experts database, randomly draw three experts and form the 3rd group of expert group, 3rd group of expert group determines to accept and believe which two groups scorings according to the result of above-mentioned three scorings and the result of double plea, then accept and believe two groups of scorings are weighted average mark statistics, draw final appraisal result, after the process of three scorings and double plea being collected, form entry evaluation report simultaneously；
Step S90 reports publicity: the preliminary report formed by step S80, meets publicity automatically after the formal examination that system is arranged through system validation form and form；
Step S91 public participation is marked: during publicity, the public and relevant benefit mode are marked by system, feeding back related opinions, when the suggestion of public's feedback has excess syndrome to prove above-mentioned assessment existing problems, system will carry out reply again after return step S50 intersection scoring and evaluates simultaneously；
Step S100 forms Final Report also to be put on record: after step is fully completed, forms final report and puts on record, issue simultaneously the appraisal report of final version, self-appraisal, twice it comment result and the expert info of all participations scoring.
Wherein, the scoring item described in step S30 includes patent attribute and patent content two parts, and its Patent attribute includes the applying date and priority date, mandate day, patent statute, patent inventor, patent type, patent right stability prove and patent right item quantity；The applying date and priority date evaluation index are the protection of the patent right residue time limit；Mandate day evaluation index is the prospect that patent converts；Whether patent statute evaluation index was for there is transfer, and effectiveness is inferred；Patent inventor's evaluation index is the technical ability of inventor, educational background and technical background, and direction of assessment is the technology maturity of patent working；Patent type refers to one or more combinations of product type and system type；Patent right stability proves to refer to that the relevant authority that State Intellectual Property Office provides proves and patent right item quantity refers to the item number of main claim and the quantity of appurtenance item.
Wherein, the patent content of the scoring item described in step S30 includes following content: the relation of patent field, patent right layout, patent specification content and patent right and product；Wherein patent field is estimated from field temperature and field city capacity two aspect；Patent right layout describes integrity degree, the rationally distributed degree of right, length rationality and artificial division situation four aspect from technical characteristic and is estimated；Patent specification content is estimated from length rationality and open rationality two aspect；Degree of dependence two aspect of patent is estimated by the relation of patent right and product from accounting size in the product and product.
Wherein, the ratio of the standards of grading described in step S30 is as follows:
Patent attribute accounts for 30%, and patent content accounts for 70%；The each parameter accounting of its Patent attribute such as under:
Applying date attribute, to calculate effect duration length point third gear, total accounting is 3%, and effect duration is more long, and score accounting is more high；
Authorize day attribute: to calculate the golden period that patent converts, total accounting is 3%, wherein authorize to have counted day in 3 years and count 3%, 4 to six years meters 2%, 7 to nine years meters 1%, within more than 10 years, do not score；
Patent legal state: to speculate the reliability and stability of patent right, total accounting is 3%, has authorized and has not externally implemented license, meter 3%, has authorized but has had and externally implement license, counted 2%, utility model patent discloses and enters substantive examination state meter 1%, and other state is not scored；
Patent inventor: speculate technology maturity, total accounting 3%, be divided into third gear, one grade of meter 1%, two grades of meters 2%, third gear meter 3%, evaluate score class according to the following information summary of inventor:
The number of applications of inventor's same domain, especially utility application quantity；The relevant of the patent that inventor applied in 3 years；The patent numbers of inventor this area application accounts for the ratio of the application quantity in total field；The academic title of utility model patent, technical qualification and educational background；The length of service of the length of service of inventor, especially this area；The taking social part-time job of inventor and the position of place enterprise, part-time quantity is more many, and position is more high, grades more low；
Patent type: total accounting is 3%, wherein a kind of meter 2% of product type type and system type, two kinds or two or more combinations, count 3%；
Patent right stability proves: total accounting example is 3%, a kind of meter 1% of product test report, appraisal of scientific and technological achievements report and the software copyright that the valuation of patent report in the front that offer State Intellectual Property Office provides, other department are sent out, two kinds of meters 2%, three kinds or above meter 3%;
Patent right situation: account for the 12% of toatl proportion, wherein independent claims quantity 8%, independent profit requires 1 meter 5%, two meters 6%, three or count 8% above；Appended claims quantity meter ratio is 4%, wherein 6 and count 4% above, often subtracts one item missing and reduces 1%.
Wherein, in the standards of grading described in step S30, the total accounting of patent content this 70%, be specifically divided into following Score index:
Patent field accounting 10%, the wherein total accounting 4% of field temperature, the total accounting 6% of field city capacity, marking mode is comprehensive scoring method；
Patent right content accounting is 30%, and wherein technical characteristic describes integrity degree accounting is 10%, the total accounting 10% of the rationally distributed degree of right, and length rationality accounting is 8%, and the artificial total accounting of division situation is 2%, and marking mode is comprehensive scoring method；
The total accounting of patent specification content is 10%, and wherein the total accounting of length rationality is 4%, and the open total accounting of rationality of description is 6%, and marking mode is comprehensive scoring method；
The total accounting of relation of patent right and product is 20%, it is 10% that its Patent accounts for the scale accounting of product, 10% is counted when the full content that patent is product, patent is only the parts not played a crucial role of product, or during one of them link of multiple production technology, meter 1%, comments the situation of 2% to 9% according to practical situation meter；The dependence total accounting of degree of dependence meter of patent is 10% by product, and degree of dependence is more high, and meter accounting example is more high.
Wherein, before performing described step S20, also include performing step S101 user and carry out registration and log in.
Wherein, in step S91 public participation scoring, when all per capita fail provide excess syndrome to prove that its viewpoint affects stability and the reliability of patent right time, system will count in overall score with the proportion weighted of total accounting 5% in effectively scoring, and by the process record of public participation and arrange formation report, with self-appraisal, two-wheeled he comment, and reply overall process whole process record, be collectively forming final assessment report.
Wherein, step S100 forms Final Report and puts on record, and also including system can provide papery to report, and the reliable papery report with two-dimension code anti-counterfeit code real-time query.
A kind of system of utility model patent value assessment, it includes following structure:
Patent right stability demonstration manages module, patent administration module to be evaluated, patented point arranges module, self-appraisal manages module, he comments management module, crowd to comment management module, reply communication management module, experts database, Reports Administration module and publicity to manage module；Wherein patent administration module to be evaluated includes patent basic information management submodule to be evaluated and patent attachment management program to be evaluated；Patented point arranges module and includes patented point item setup management submodule and patented point rule program；Self-appraisal management module includes self-appraisal management program and self-appraisal attachment management program；He comment management module include first time he comment management submodule and second time he comment management submodule；Crowd comments management module to include crowd's scoring ballot management submodule and crowd comments evidence management submodule；Reply communication management module includes addressing inquires to management submodule, replying management submodule and evidence management submodule；Experts database includes expert's basic information management module and expert's drawing manager；Reports Administration module includes scoring statistical procedure and report generation and management submodule；Publicity management module includes publicity management submodule and publicity time reckoning program；Patent right stability demonstration management module includes the discussion of patent right stability and paradox management submodule and patent right stability demonstration management submodule；Wherein, patent right stability demonstration management module is the preposition module of native system, this module prove result decide whether to arrange with patented point module, self-appraisal management module, he comment management module, crowd to comment one or more module of management module, reply communication management module, experts database, Reports Administration module and publicity management module to be connected.
Wherein, patented point arranges the scoring item described in module and includes patent attribute and patent content two parts, and its Patent attribute includes the applying date and priority date, mandate day, patent statute, patent inventor, patent type, patent right stability prove and patent right item quantity；The applying date and priority date evaluation index are the protection of the patent right residue time limit；Mandate day evaluation index is the prospect that patent converts；Whether patent statute evaluation index was for there is transfer, and effectiveness is inferred；Patent inventor's evaluation index is the technical ability of inventor, educational background and technical background, and direction of assessment is the technology maturity of patent working；Patent type refers to one or more combinations of product type and system type；Patent right stability proves to refer to that the relevant authority that State Intellectual Property Office provides proves and patent right item quantity refers to the item number of main claim and the quantity of appurtenance item.
Wherein, patented point arranges the patent content of the scoring item described in module and includes following content: the relation of patent field, patent right layout, patent specification content and patent right and product；Wherein patent field is estimated from field temperature and field city capacity two aspect；Patent right layout describes integrity degree, the rationally distributed degree of right, length rationality and artificial division situation four aspect from technical characteristic and is estimated；Patent specification content is estimated from length rationality and open rationality two aspect；Degree of dependence two aspect of patent is estimated by the relation of patent right and product from accounting size in the product and product.
Wherein, the patented point rule program default setting code of points ratio that patented point is arranged described in module is as follows:
Patent attribute accounts for 30%, and patent content accounts for 70%；The each parameter accounting of its Patent attribute such as under:
Applying date attribute, to calculate effect duration length point third gear, total accounting is 3%, and effect duration is more long, and score accounting is more high；
Authorize day attribute: to calculate the golden period that patent converts, total accounting is 3%, wherein authorize to have counted day in 3 years and count 3%, 4 to six years meters 2%, 7 to nine years meters 1%, within more than 10 years, do not score；
Patent legal state: to speculate the reliability and stability of patent right, total accounting is 3%, has authorized and has not externally implemented license, meter 3%, has authorized but has had and externally implement license, counted 2%, utility model patent discloses and enters substantive examination state meter 1%, and other state is not scored；
Patent inventor: speculate technology maturity, total accounting 3%, be divided into third gear, one grade of meter 1%, two grades of meters 2%, third gear meter 3%, evaluate score class according to the following information summary of inventor:
The number of applications of inventor's same domain, especially utility application quantity；The relevant of the patent that inventor applied in 3 years；The patent numbers of inventor this area application accounts for the ratio of the application quantity in total field；The academic title of utility model patent, technical qualification and educational background；The length of service of the length of service of inventor, especially this area；The taking social part-time job of inventor and the position of place enterprise, part-time quantity is more many, and position is more high, grades more low；
Patent type: total accounting is 3%, wherein a kind of meter 2% of product type and system type, two kinds or two or more combinations, count 3%；
Patent right stability proves: total accounting example is 3%, a kind of meter 1% of product test report, appraisal of scientific and technological achievements report and the software copyright that the valuation of patent report in the front that offer State Intellectual Property Office provides, other department are sent out, two kinds of meters 2%, three kinds or above meter 3%;
Patent right situation: account for the 12% of toatl proportion, wherein independent claims quantity 8%, independent profit requires 1 meter 5%, two meters 6%, three or count 8% above；Appended claims quantity meter ratio is 4%, wherein 6 and count 4% above, often subtracts one item missing and reduces 1%；
The total accounting of patent content is 70%, is specifically divided into following Score index:
Patent field accounting 10%, the wherein total accounting 4% of field temperature, the total accounting 6% of field city capacity, marking mode is comprehensive scoring method；
Patent right content accounting is 30%, and wherein technical characteristic describes integrity degree accounting is 10%, the total accounting 10% of the rationally distributed degree of right, and length rationality accounting is 8%, and the artificial total accounting of division situation is 2%, and marking mode is comprehensive scoring method；
The total accounting of patent specification content is 10%, and wherein the total accounting of length rationality is 4%, and the open total accounting of rationality of description is 6%, and marking mode is comprehensive scoring method；
The total accounting of relation of patent right and product is 20%, it is 10% that its Patent accounts for the scale accounting of product, 10% is counted when the full content that patent is product, patent is only the parts not played a crucial role of product, or during one of them link of multiple production technology, meter 1%, comments the situation of 2% to 9% according to practical situation meter；The dependence total accounting of degree of dependence meter of patent is 10% by product, and degree of dependence is more high, and meter accounting example is more high.
Wherein, patent administration module to be evaluated, also include patent assessment user and manage submodule.
Wherein, crowd comments in management module, when all per capita fail provide excess syndrome to prove that its viewpoint affects stability and the reliability of patent right time, crowd's scoring ballot management submodule will count in overall score with the proportion weighted of total accounting 5% in effectively scoring, and by the process record of public participation and arrange formation report, with self-appraisal, two-wheeled he comment, and reply overall process whole process record, be collectively forming final assessment report.
Wherein, Reports Administration module forms Final Report and puts on record, and also including system can provide papery to report, and the reliable papery report with two-dimension code anti-counterfeit code real-time query.
Wherein, scoring statistical procedure is addressed inquires to according to twice self-appraisal, two groups of experts, the chain of evidence of double plea and whole process determines to accept and believe which twice scoring, then the result of twice scoring is averaged and gets the A that finally marks, in the presence of all after scoring terminates, obtaining outstanding scoring B, program will be calculated as follows the comprehensive grading C of Final Report:
C=95%*A+5%*B。
Wherein, the operation principle of expert's drawing manager is as follows:
First time is randomly drawed three experts and forms first group of expert group, first group of panel member carries out randomly drawing of second group of panel member after marking and proposing inquiry, and decimation rule is as follows: experts database member carries out randomly drawing three experts and forms second group of expert group after removing three members of first group of expert group；The producing method of the 3rd group of panel member is to randomly draw three expert's compositions after removing first group of panel member and second group of panel member；The random weight that expert extracts is that 1-disregards the member of total score average mark and draws divided by 10, and Weight of Expert scoring is annual accumulative, resets after 3 years to 5 years.
Accompanying drawing explanation
Fig. 1, the overview flow chart of a kind of method of utility model patent value assessment.
Fig. 2, the overall construction drawing of the system of a kind of utility model patent value assessment.
Detailed description of the invention
The overview flow chart of the method for a kind of utility model patent value assessment as shown in Figure 1, a kind of method of utility model patent value assessment, it comprises the steps:
Utility model patent information to be assessed for step S10 prepares: user prepares to need to submit the patent No. of utility model patent of assessment, patent name, patent application day, patent disclosure day, license day, patent legal state information, patent inventor, patent applicant, patent right situation and patent right stability data to；
Step S20 essential information typing: user is by above-mentioned ready patent information correspondence input system；
Step S21 uploads utility model patent appraisal report: user uploads valuation of patent report, the retrieval report of patent creativeness, court decision document and the relevant testimonial material provided by State Intellectual Property Office, and material is proved or quotes as proof；
The patent right estimation of stability of step S22 utility model patent: system is randomly drawed three experts of patent workflow management class and formed patent right stability and prove expert group, the utility model patent appraisal report that step S21 is uploaded carries out manual evaluation, and draws preliminary demonstration conclusion；
Step S23 publicity also accepts public's inquiry: the suggestion of the public is openly collected in the conclusion report of proving formed by step S22, accept the public to address inquires to, reply that the expert group being simultaneously made up of step S22 carries out addressing inquires to, collect and process, when proposing the stability of patent right that reliable voucher can have influence on this utility model patent, return step S21 and discussed with further continuing with the adminicle of property by applicant；
Step S24 forms the report of final stability: through above-mentioned in steps after, and when the public in step S23 remains without, after publicity expires, the qualitative opinion proposing to have influence on the stability of the patent right of this utility model patent, generate final stability report, announce；When utility model patent qualitative for stablize time, perform each flow process after step S30, otherwise then no longer execution step S30 and follow-up flow process, the value assessment of this utility model patent terminates, and evaluated value does valueless process, and announces；
Step S30 shows scoring item and standard: patent value scoring item set by system demonstration native system and the standards of grading of correspondence；
Step S41 self-appraisal: user's scoring item according to step S30 and standards of grading carry out self-appraisal, and each item rating content being felt, the score value that the patent of oneself is worth carries out self evaluation；
Step S42 he comment: system is randomly drawed first three experts in experts database and is carried out contrast scoring item described in step S30 and standard is marked respectively, and then system calculates average mark respectively according to each item rating, adds up the average mark of final score simultaneously；
Step S50 intersects scoring: after completing step S41 and step S42, system by self-appraisal and he appraise appraisal result through discussion and intersect three experts being shown to outside second group of experts database first member non-, above-mentioned two groups of scorings are carried out second time scoring；
Step S61 supplements according to and replys: the expert of self-appraisal people and first time scoring according to the appraisal result of second group of expert, self-appraisal result and he comment result to carry out supplementing of foundation, and reply the problem that two groups of experts put forward in time；
Step S62 proposes to address inquires to: above-mentioned two groups of experts all can propose to address inquires to respectively, and the scope of inquiry is only limitted to the scope described in the scoring item listed by step S30；
Step S70 replies further: user carries out last discussion and demonstration according to inquiry proposed for step S62, uploads simultaneously and thinks more strong evidence；
Step S80 calculates score and forms report: after system gets rid of first group and second group of specialist crew at experts database, randomly draw three experts and form the 3rd group of expert group, 3rd group of expert group determines to accept and believe which two groups scorings according to the result of above-mentioned three scorings and the result of double plea, then accept and believe two groups of scorings are weighted average mark statistics, draw final appraisal result, after the process of three scorings and double plea being collected, form entry evaluation report simultaneously；
Step S90 reports publicity: the preliminary report formed by step S80, meets publicity automatically after the formal examination that system is arranged through system validation form and form；
Step S91 public participation is marked: during publicity, the public and relevant benefit mode are marked by system, feeding back related opinions, when the suggestion of public's feedback has excess syndrome to prove above-mentioned assessment existing problems, system will carry out reply again after return step S50 intersection scoring and evaluates simultaneously；
Step S100 forms Final Report also to be put on record: after step is fully completed, forms final report and puts on record, issue simultaneously the appraisal report of final version, self-appraisal, twice it comment result and the expert info of all participations scoring.
Wherein, scoring item described in the rapid S30 of step includes patent attribute and patent content two parts, and its Patent attribute includes the applying date and priority date, mandate day, patent statute, patent inventor, patent type, patent right stability prove and patent right item quantity；The applying date and priority date evaluation index are the protection of the patent right residue time limit；Mandate day evaluation index is the prospect that patent converts；Whether patent statute evaluation index was for there is transfer, and effectiveness is inferred；Patent inventor's evaluation index is the technical ability of inventor, educational background and technical background, and direction of assessment is the technology maturity of patent working；Patent type refers to one or more combinations of product type and system type；Patent right stability proves to refer to that the relevant authority that State Intellectual Property Office provides proves and patent right item quantity refers to the item number of main claim and the quantity of appurtenance item.
Wherein, the patent content of the scoring item described in step S30 includes following content: the relation of patent field, patent right layout, patent specification content and patent right and product；Wherein patent field is estimated from field temperature and field city capacity two aspect；Patent right layout describes integrity degree, the rationally distributed degree of right, length rationality and artificial division situation four aspect from technical characteristic and is estimated；Patent specification content is estimated from length rationality and open rationality two aspect；Degree of dependence two aspect of patent is estimated by the relation of patent right and product from accounting size in the product and product.
Wherein, the ratio of the standards of grading described in step S30 is as follows:
Total score is 100 points, and its Patent attribute accounts for 30 points, and patent content accounts for 70 points.The each parameter accounting of its Patent attribute such as under:
Applying date attribute, to calculate effect duration length point third gear, total accounting is 3 points, and effect duration is more long, and score accounting is more high；
Authorize day attribute: to calculate the golden period that patent converts, total accounting is 3 points, wherein authorize to have counted day in 3 years and count 3 points, within 4 to six years, count 2 points, within 7 to nine years, count 1 point, within more than 10 years, do not score；
Patent legal state: to speculate the reliability and stability of patent right, total accounting is 3 points, has authorized and has not externally implemented license, count 3 points, authorized but had and externally implement license, counted 2 points, utility model patent discloses and enters substantive examination state meter 1 point, and other state is not scored；
Patent inventor: speculate technology maturity, total accounting 3 points, be divided into third gear, counts 1 point for one grade, counts 2 points for two grades, and third gear meter 3 points evaluates score class according to the following information summary of inventor:
The number of applications of inventor's same domain, especially utility application quantity；The relevant of the patent that inventor applied in 3 years；The patent numbers of inventor this area application accounts for the ratio of the application quantity in total field；The academic title of utility model patent, technical qualification and educational background；The length of service of the length of service of inventor, especially this area；The taking social part-time job of inventor and the position of place enterprise, part-time quantity is more many, and position is more high, grades more low；
Patent type: total accounting is 3 points, wherein a kind of meter 2 points of product type and system type, two kinds or two or more combinations, count 3 points；
Patent right stability proves: total accounting example is 3 points, a kind of meter 1 point of product test report, appraisal of scientific and technological achievements report and the software copyright that the valuation of patent report in the front that offer State Intellectual Property Office provides, other department are sent out, count 2 points for two kinds, three kinds or above meter 3 points;
Patent right situation: account for 12 points of toatl proportion, wherein independent claims quantity 8 points, independent profit requires that 1 is counted 5 points, counts 6 points for two, three or above meter 8 points；Appended claims quantity meter ratio is 4 points, wherein 6 and above meter 4 points, often subtracts one item missing and reduces 1 point.
The total accounting of patent content these 70 points, is specifically divided into following Score index:
Patent field accounting 10 points, the wherein total accounting of field temperature 4 points, the total accounting of field city capacity 6 points, marking mode is comprehensive scoring method；
Patent right content accounting is 30 points, and wherein technical characteristic describes integrity degree accounting is 10 points, the total accounting of the rationally distributed degree of right 10 points, and length rationality accounting is 8 points, and the artificial total accounting of division situation is 2 points, and marking mode is comprehensive scoring method；
The total accounting of patent specification content is 10 points, and wherein the total accounting of length rationality is 4 points, and the open total accounting of rationality of description is 6 points, and marking mode is comprehensive scoring method；
The total accounting of relation of patent right and product is 20 points, it is 10 points that its Patent accounts for the scale accounting of product, 10 points are counted when the full content that patent is product, patent is only the parts not played a crucial role of product, or during one of them link of multiple production technology, count 1 point, comment the situation of 2 points to 9 points according to practical situation meter；The dependence total accounting of degree of dependence meter of patent is 10 points by product, and degree of dependence is more high, and meter accounting example is more high.
Wherein, before performing described step S20, also include performing step S101 user and carry out registration and log in.
Wherein, in step S91 public participation scoring, when all per capita fail provide excess syndrome to prove that its viewpoint affects stability and the reliability of patent right time, system will count in overall score with the proportion weighted of total accounting 5 points in effectively scoring, and by the process record of public participation and arrange formation report, with self-appraisal, two-wheeled he comment, and reply overall process whole process record, be collectively forming final assessment report.
Wherein, step S100 forms Final Report and puts on record, and also including system can provide papery to report, and the reliable papery report with two-dimension code anti-counterfeit code real-time query.
Such as Fig. 2, the system of a kind of utility model patent value assessment, it includes following structure:
Patent right stability demonstration manages module, patent administration module to be evaluated, patented point arranges module, self-appraisal manages module, he comments management module, crowd to comment management module, reply communication management module, experts database, Reports Administration module and publicity to manage module；Wherein patent administration module to be evaluated includes patent basic information management submodule to be evaluated and patent attachment management program to be evaluated；Patented point arranges module and includes patented point item setup management submodule and patented point rule program；Self-appraisal management module includes self-appraisal management program and self-appraisal attachment management program；He comment management module include first time he comment management submodule and second time he comment management submodule；Crowd comments management module to include crowd's scoring ballot management submodule and crowd comments evidence management submodule；Reply communication management module includes addressing inquires to management submodule, replying management submodule and evidence management submodule；Experts database includes expert's basic information management module and expert's drawing manager；Reports Administration module includes scoring statistical procedure and report generation and management submodule；Publicity management module includes publicity management submodule and publicity time reckoning program；Patent right stability demonstration management module includes the discussion of patent right stability and paradox management submodule and patent right stability demonstration management submodule；Wherein, patent right stability demonstration management module is the preposition module of native system, this module prove result decide whether to arrange with patented point module, self-appraisal management module, he comment management module, crowd to comment one or more module of management module, reply communication management module, experts database, Reports Administration module and publicity management module to be connected.
Wherein, patented point arranges the scoring item described in module and includes patent attribute and patent content two parts, and its Patent attribute includes the applying date and priority date, mandate day, patent statute, patent inventor, patent type, patent right stability prove and patent right item quantity；The applying date and priority date evaluation index are the protection of the patent right residue time limit；Mandate day evaluation index is the prospect that patent converts；Whether patent statute evaluation index was for there is transfer, and effectiveness is inferred；Patent inventor's evaluation index is the technical ability of inventor, educational background and technical background, and direction of assessment is the technology maturity of patent working；Patent type refers to one or more combinations of product type and system type；Patent right stability proves to refer to that the relevant authority that State Intellectual Property Office provides proves and patent right item quantity refers to the item number of main claim and the quantity of appurtenance item.
Wherein, patented point arranges the patent content of the scoring item described in module and includes following content: the relation of patent field, patent right layout, patent specification content and patent right and product；Wherein patent field is estimated from field temperature and field city capacity two aspect；Patent right layout describes integrity degree, the rationally distributed degree of right, length rationality and artificial division situation four aspect from technical characteristic and is estimated；Patent specification content is estimated from length rationality and open rationality two aspect；Degree of dependence two aspect of patent is estimated by the relation of patent right and product from accounting size in the product and product.
Wherein, the patented point rule program default setting code of points ratio that patented point is arranged described in module is as follows:
Patent attribute accounts for 30%, and patent content accounts for 70%；The each parameter accounting of its Patent attribute such as under:
Applying date attribute, to calculate effect duration length point third gear, total accounting is 3%, and effect duration is more long, and score accounting is more high；
Authorize day attribute: to calculate the golden period that patent converts, total accounting is 3%, wherein authorize to have counted day in 3 years and count 3%, 4 to six years meters 2%, 7 to nine years meters 1%, within more than 10 years, do not score；
Patent legal state: to speculate the reliability and stability of patent right, total accounting is 3%, has authorized and has not externally implemented license, meter 3%, has authorized but has had and externally implement license, counted 2%, utility model patent discloses and enters substantive examination state meter 1%, and other state is not scored；
Patent inventor: speculate technology maturity, total accounting 3%, be divided into third gear, one grade of meter 1%, two grades of meters 2%, third gear meter 3%, evaluate score class according to the following information summary of inventor:
The number of applications of inventor's same domain, especially utility application quantity；The relevant of the patent that inventor applied in 3 years；The patent numbers of inventor this area application accounts for the ratio of the application quantity in total field；The academic title of utility model patent, technical qualification and educational background；The length of service of the length of service of inventor, especially this area；The taking social part-time job of inventor and the position of place enterprise, part-time quantity is more many, and position is more high, grades more low；
Patent type: total accounting is 3%, wherein a kind of meter 2% of product type and system type, two kinds or two or more combinations, count 3%；
Patent right stability proves: total accounting example is 3%, a kind of meter 1% of product test report, appraisal of scientific and technological achievements report and the software copyright that the valuation of patent report in the front that offer State Intellectual Property Office provides, other department are sent out, two kinds of meters 2%, three kinds or above meter 3%;
Patent right situation: account for the 12% of toatl proportion, wherein independent claims quantity 8%, independent profit requires 1 meter 5%, two meters 6%, three or count 8% above；Appended claims quantity meter ratio is 4%, wherein 6 and count 4% above, often subtracts one item missing and reduces 1%；
The total accounting of patent content is 70%, is specifically divided into following Score index:
Patent field accounting 10%, the wherein total accounting 4% of field temperature, the total accounting 6% of field city capacity, marking mode is comprehensive scoring method；
Patent right content accounting is 30%, and wherein technical characteristic describes integrity degree accounting is 10%, the total accounting 10% of the rationally distributed degree of right, and length rationality accounting is 8%, and the artificial total accounting of division situation is 2%, and marking mode is comprehensive scoring method；
The total accounting of patent specification content is 10%, and wherein the total accounting of length rationality is 4%, and the open total accounting of rationality of description is 6%, and marking mode is comprehensive scoring method；
The total accounting of relation of patent right and product is 20%, it is 10% that its Patent accounts for the scale accounting of product, 10% is counted when the full content that patent is product, patent is only the parts not played a crucial role of product, or during one of them link of multiple production technology, meter 1%, comments the situation of 2% to 9% according to practical situation meter；The dependence total accounting of degree of dependence meter of patent is 10% by product, and degree of dependence is more high, and meter accounting example is more high.
Wherein, patent administration module to be evaluated, also include patent assessment user and manage submodule.
Wherein, crowd comments in management module, when all per capita fail provide excess syndrome to prove that its viewpoint affects stability and the reliability of patent right time, crowd's scoring ballot management submodule will count in overall score with the proportion weighted of total accounting 5% in effectively scoring, and by the process record of public participation and arrange formation report, with self-appraisal, two-wheeled he comment, and reply overall process whole process record, be collectively forming final assessment report.
Wherein, Reports Administration module forms Final Report and puts on record, and also including system can provide papery to report, and the reliable papery report with two-dimension code anti-counterfeit code real-time query.
Wherein, scoring statistical procedure is addressed inquires to according to twice self-appraisal, two groups of experts, the chain of evidence of double plea and whole process determines to accept and believe which twice scoring, then the result of twice scoring is averaged and gets the A that finally marks, in the presence of all after scoring terminates, obtaining outstanding scoring B, program will be calculated as follows the comprehensive grading C of Final Report:
C=95%*A+5%*B。
Wherein, the operation principle of expert's drawing manager is as follows:
First time is randomly drawed three experts and forms first group of expert group, first group of panel member carries out randomly drawing of second group of panel member after marking and proposing inquiry, and decimation rule is as follows: experts database member carries out randomly drawing three experts and forms second group of expert group after removing three members of first group of expert group；The producing method of the 3rd group of panel member is to randomly draw three expert's compositions after removing first group of panel member and second group of panel member；The random weight that expert extracts is that 1-disregards the member of total score average mark and draws divided by 10, and Weight of Expert scoring is annual accumulative, resets after 3 years to 5 years.
Wherein, patent right stability demonstration management module includes the discussion of patent right stability and paradox management submodule and patent right stability demonstration management submodule, wherein patent right stability is discussed and paradox management submodule includes putting to the proof management program, reply communication management program and counterevidence management program, and patent right stability demonstration management submodule includes evidence attachment management program and evidence and supplements, resolves and read-me.
Above-mentioned is only a kind of embodiment of patent of the present invention, and except adopting except hundred-mark system, the present invention can also adopt thousand points of systems, very much the various ways such as system, it would however also be possible to employ variable amount of marking mode.
Claims (8)
1. the method for a utility model patent value assessment, it is characterised in that it comprises the steps:
Utility model patent information to be assessed for step S10 prepares: user prepares to need to submit the patent No. of utility model patent of assessment, patent name, patent application day, patent disclosure day, license day, patent legal state information, patent inventor, patent applicant, patent right situation and patent right stability data to；
Step S20 essential information typing: user is by above-mentioned ready patent information correspondence input system；
Step S21 uploads utility model patent appraisal report: user uploads valuation of patent report, the retrieval report of patent creativeness, court decision document and the relevant testimonial material provided by State Intellectual Property Office, and material is proved or quotes as proof；
The patent right estimation of stability of step S22 utility model patent: system is randomly drawed three experts of patent workflow management class and formed patent right stability and prove expert group, the utility model patent appraisal report that step S21 is uploaded carries out manual evaluation, and draws preliminary demonstration conclusion；
Step S23 publicity also accepts public's inquiry: the suggestion of the public is openly collected in the conclusion report of proving formed by step S22, accept the public to address inquires to, reply that the expert group being simultaneously made up of step S22 carries out addressing inquires to, collect and process, when proposing the stability of patent right that reliable voucher can have influence on this utility model patent, return step S21 and discussed with further continuing with the adminicle of property by applicant；
Step S24 forms the report of final stability: through above-mentioned in steps after, and when the public in step S23 remains without, after publicity expires, the qualitative opinion proposing to have influence on the stability of the patent right of this utility model patent, generate final stability report, announce；When utility model patent qualitative for stablize time, perform each flow process after step S30, otherwise then no longer execution step S30 and follow-up flow process, the value assessment of this utility model patent terminates, and evaluated value does valueless process, and announces；
Step S30 shows scoring item and standard: patent value scoring item set by system demonstration native system and the standards of grading of correspondence；
Step S41 self-appraisal: user's scoring item according to step S30 and standards of grading carry out self-appraisal, and each item rating content being felt, the score value that the patent of oneself is worth carries out self evaluation；
Step S42 he comment: system is randomly drawed first three experts in experts database and is carried out contrast scoring item described in step S30 and standard is marked respectively, and then system calculates average mark respectively according to each item rating, adds up the average mark of final score simultaneously；
Step S50 intersects scoring: after completing step S41 and step S42, system by self-appraisal and he appraise appraisal result through discussion and intersect three experts being shown to outside second group of experts database first member non-, above-mentioned two groups of scorings are carried out second time scoring；
Step S61 supplements according to and replys: the expert of self-appraisal people and first time scoring according to the appraisal result of second group of expert, self-appraisal result and he comment result to carry out supplementing of foundation, and reply the problem that two groups of experts put forward in time；
Step S62 proposes to address inquires to: above-mentioned two groups of experts all can propose to address inquires to respectively, and the scope of inquiry is only limitted to the scope described in the scoring item listed by step S30；
Step S70 replies further: user carries out last discussion and demonstration according to inquiry proposed for step S62, uploads simultaneously and thinks more strong evidence；
Step S80 calculates score and forms report: after system gets rid of first group and second group of specialist crew at experts database, randomly draw three experts and form the 3rd group of expert group, 3rd group of expert group determines to accept and believe which two groups scorings according to the result of above-mentioned three scorings and the result of double plea, then accept and believe two groups of scorings are weighted average mark statistics, draw final appraisal result, after the process of three scorings and double plea being collected, form entry evaluation report simultaneously；
Step S90 reports publicity: the preliminary report formed by step S80, meets publicity automatically after the formal examination that system is arranged through system validation form and form；
Step S91 public participation is marked: during publicity, the public and relevant benefit mode are marked by system, feeding back related opinions, when the suggestion of public's feedback has excess syndrome to prove above-mentioned assessment existing problems, system will carry out reply again after return step S50 intersection scoring and evaluates simultaneously；
Step S100 forms Final Report also to be put on record: after step is fully completed, forms final report and puts on record, issue simultaneously the appraisal report of final version, self-appraisal, twice it comment result and the expert info of all participations scoring.
2. the method for a kind of utility model patent value assessment according to claim 1, it is characterized in that, the described scoring item described in step S30 includes patent attribute and patent content two parts, and its Patent attribute includes the applying date and priority date, mandate day, patent statute, patent inventor, patent type, patent right stability prove and patent right item quantity；The applying date and priority date evaluation index are the protection of the patent right residue time limit；Mandate day evaluation index is the prospect that patent converts；Whether patent statute evaluation index was for there is transfer, and effectiveness is inferred；Patent inventor's evaluation index is the technical ability of inventor, educational background and technical background, and direction of assessment is the technology maturity of patent working；Patent type refers to one or more combinations of product type and system type；Patent right stability proves to refer to that the relevant authority that State Intellectual Property Office provides proves and patent right item quantity refers to the item number of main claim and the quantity of appurtenance item.
3. the method for a kind of utility model patent value assessment according to claim 1 and claim 2, it is characterized in that, the patent content of the described scoring item described in step S30 includes following content: the relation of patent field, patent right layout, patent specification content and patent right and product；Wherein patent field is estimated from field temperature and field city capacity two aspect；Patent right layout describes integrity degree, the rationally distributed degree of right, length rationality and artificial division situation four aspect from technical characteristic and is estimated；Patent specification content is estimated from length rationality and open rationality two aspect；Degree of dependence two aspect of patent is estimated by the relation of patent right and product from accounting size in the product and product.
4. the method for a kind of utility model patent value assessment according to claim 1-3, it is characterised in that the ratio of the described standards of grading described in step S30 is as follows:
Patent attribute accounts for 30%, and patent content accounts for 70%；The each parameter accounting of its Patent attribute such as under:
Applying date attribute, to calculate effect duration length point third gear, total accounting is 3%, and effect duration is more long, and score accounting is more high；
Authorize day attribute: to calculate the golden period that patent converts, total accounting is 3%, wherein authorize to have counted day in 3 years and count 3%, 4 to six years meters 2%, 7 to nine years meters 1%, within more than 10 years, do not score；
Patent legal state: to speculate the reliability and stability of patent right, total accounting is 3%, has authorized and has not externally implemented license, meter 3%, has authorized but has had and externally implement license, counted 2%, utility model patent discloses and enters substantive examination state meter 1%, and other state is not scored；
Patent inventor: speculate technology maturity, total accounting 3%, be divided into third gear, one grade of meter 1%, two grades of meters 2%, third gear meter 3%, evaluate score class according to the following information summary of inventor:
The number of applications of inventor's same domain, especially utility application quantity；The relevant of the patent that inventor applied in 3 years；The patent numbers of inventor this area application accounts for the ratio of the application quantity in total field；The academic title of utility model patent, technical qualification and educational background；The length of service of the length of service of inventor, especially this area；The taking social part-time job of inventor and the position of place enterprise, part-time quantity is more many, and position is more high, grades more low；
Patent type: total accounting is 3%, wherein a kind of meter 2% two kind or the two or more combinations of product type and system type, counts 3%；
Patent right stability proves: total accounting example is 3%, a kind of meter 1% of product test report, appraisal of scientific and technological achievements report and the software copyright that the valuation of patent report in the front that offer State Intellectual Property Office provides, other department are sent out, two kinds of meters 2%, three kinds or above meter 3%;
Patent right situation: account for the 12% of toatl proportion, wherein independent claims quantity 8%, independent profit requires 1 meter 5%, two meters 6%, three or count 8% above；Appended claims quantity meter ratio is 4%, wherein 6 and count 4% above, often subtracts one item missing and reduces 1%.
5. the method for a kind of utility model patent value assessment according to claim 1-4, it is characterised in that in the described standards of grading described in step S30, the total accounting of patent content this 70%, be specifically divided into following Score index:
Patent field accounting 10%, the wherein total accounting 4% of field temperature, the total accounting 6% of field city capacity, marking mode is comprehensive scoring method；
Patent right content accounting is 30%, and wherein technical characteristic describes integrity degree accounting is 10%, the total accounting 10% of the rationally distributed degree of right, and length rationality accounting is 8%, and the artificial total accounting of division situation is 2%, and marking mode is comprehensive scoring method；
The total accounting of patent specification content is 10%, and wherein the total accounting of length rationality is 4%, and the open total accounting of rationality of description is 6%, and marking mode is comprehensive scoring method；
The total accounting of relation of patent right and product is 20%, it is 10% that its Patent accounts for the scale accounting of product, 10% is counted when the full content that patent is product, patent is only the parts not played a crucial role of product, or during one of them link of multiple production technology, meter 1%, comments the situation of 2% to 9% according to practical situation meter；The dependence total accounting of degree of dependence meter of patent is 10% by product, and degree of dependence is more high, and meter accounting example is more high.
6. the method for a kind of utility model patent value assessment according to claim 1, it is characterised in that before performing described step S20, also includes performing step S101 user and carries out registration and log in.
7. the method for a kind of utility model patent value assessment according to claim 1, it is characterized in that, in described step S91 public participation scoring, when all per capita fail provide excess syndrome to prove that its viewpoint affects stability and the reliability of patent right time, system will count in overall score with the proportion weighted of total accounting 5% in effectively scoring, and by the process record of public participation and arrange formation report, with self-appraisal, two-wheeled he comment, and reply overall process whole process record, it is collectively forming final assessment report.
8. the method for a kind of utility model patent value assessment according to claim 1, it is characterized in that, described step S100 forms Final Report and puts on record, and also including system can provide papery to report, and the reliable papery report with two-dimension code anti-counterfeit code real-time query.
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| CN107423266A (en) * | 2017-07-17 | 2017-12-01 | 韩继召 | Expertise management method applied to judicial expertise/forensic science mechanism |
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| CN107423266A (en) * | 2017-07-17 | 2017-12-01 | 韩继召 | Expertise management method applied to judicial expertise/forensic science mechanism |
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