CN108376317B - Intellectual property policy risk prevention system, intellectual property transaction system based on same and intellectual property transaction method - Google Patents
Intellectual property policy risk prevention system, intellectual property transaction system based on same and intellectual property transaction method Download PDFInfo
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Abstract
The invention discloses an intellectual property policy risk prevention system which comprises an input module, a rule module, an auditing module and an intellectual property transaction system method, wherein the input module is used for acquiring intellectual property transaction item information, the rule module is used for inquiring a policy rule database according to rule reference data in the transaction item information to acquire corresponding auditing rules, the auditing module is used for selecting part or all data in the intellectual property transaction item information according to the auditing rules to audit and feeding back an auditing result, and meanwhile, the intellectual property transaction system and the method based on the system are further disclosed.
Description
Technical Field
The invention relates to the field of Internet, in particular to an intellectual property policy risk prevention system, an intellectual property transaction system based on the same and an intellectual property transaction method based on the same.
Background
Since 26 months 2 in 2016, the national institute of sciences began to issue and implement some specified notices of the "transformation law of promoting scientific and technological achievements of the people's republic of China", the national institutes of research and colleges began to actively promote the transformation of scientific and technological achievements and achieved favorable results.
However, the conversion of scientific and technological achievements, especially the transfer of intellectual property, is a highly specialized work, relating to the specialized fields of intellectual property, laws and regulations, transactions, etc., which are a great challenge for intellectual property managers in colleges and scientific research institutions:
first, for the intellectual property right to be traded, it is ensured whether its right is clear, which includes whether there is over-assignment, pledge, co-application, etc., and also includes whether it is valid, whether there is annual fee payment requirement in the available trading date, etc. From the aspect of annual fee payment, the inventor is responsible for annual fee payment of patents because the intellectual property management of most of colleges and universities or scientific research institutes in China is decentralized management. The failure of the inventor due to the fact that the communication between the inventor and the agency is not smooth, the annual cost of patent results is not paid timely, and the inventor is not aware of the failure. When the inventor of many colleges or scientific research institutes plans to transfer results, the patent is found to be invalid and cause great loss.
From the aspect of the outcome transferee, the related intellectual property rights also need to be investigated, so that the accuracy of the inventor in submitting the information related to the intellectual property rights is very necessary. When the inventor submits intellectual property information, the inventor lacks understanding on the format and accuracy of the information, so that a great number of errors exist in the process of submitting a lot of information, such as information of patent numbers, title of the invention, patentees and the like, and the information needs to be confirmed with the inventor again after being manually corrected, thereby bringing great inconvenience to the achievement transferee.
Secondly, most of the scientific and technological achievements of domestic universities and scientific research institutes are researched by utilizing financial funds or national funds, so that strict regulations are provided for the transfer and transfer of related scientific and technological achievements. And the associated provisions have different management approaches due to their different attributes. For example, the scientific and technological achievement disposition of the national resource enterprises or the ministry of committee research institute is related to the national asset management of the national resource committee, and the transformation of the scientific and technological achievement of many colleges and universities or scientific research institutes is managed by the newly-issued scientific and technological achievement transformation law. The process of converting national asset scientific and technological achievements is complex, asset evaluation, record, examination and approval, public notice and the like are needed, and the process time is long. And the achievement transformation of scientific and technological achievements of colleges and universities has strict requirements on transaction modes, price determination, public time and internal approval flows under a new scientific and technological achievement transformation method.
From the perspective of intellectual property, the intellectual property right before transaction is judged, whether the intellectual property right meets the transaction requirements or not, whether annual fees are paid in time or not and the like, and scientific researchers of colleges and universities or scientific research institutions serving as the inventor do not have relevant professional knowledge, so that the judgment is difficult.
In addition, for most colleges and scientific research institutions, the national policy, local regulations, regulations and systems of the colleges and scientific research institutions are not deeply understood, the experience of technological achievement transformation work is insufficient, various factors in the transaction process are numerous, so that various problems and difficulties exist in the actual work development process, after the intellectual property rights of many colleges and scientific research institutions are transferred, due to the fact that problems exist in the compliance in the transfer process, the parties are prohibited by law, and great negative effects are brought to the achievement transformation of the colleges and scientific research institutions, so that many colleges and scientific research institutions dare not to participate in the achievement transformation work or even do not want to actively participate in the achievement transformation work, and the transformation of the technological achievement of the colleges and scientific research institutions is greatly hindered. For example, a good researcher in a certain known college in Beijing on the recent day is led to wonderful shame and misappropriated capital crimes in intellectual property transfer and falls into wonderful wonder 22276, which arouses the wonderful and concerned wonderful feelings of people. In recent years, some scientific researchers in famous colleges have grown heels in intellectual property transfer due to suspected violation.
Therefore, the intellectual property transfer legal risk becomes an important factor for restricting the industrialization of the scientific and technological achievements in China. In recent years, the country encourages the transformation of scientific and technological achievements and develops relevant policies and documents. It is expected that the support of national policy and the demand for economic and social development will make the amount of scientific and technological achievements in colleges and universities more and more. Under the circumstances, how to establish a scientific and technological achievement transformation risk prevention and control mechanism of a health university or a scientific research institution and how to ensure that scientific research personnel of the university or the scientific research institution keep the bottom line and do not step on a red line is a practical problem to be urgently paid attention to and solved.
Under the existing intellectual property trading mode, before the intellectual property transfer is developed, the scientific research achievements of colleges and universities or scientific research institutes must clear up the national laws and regulations and policies about the transformation of the scientific research achievements and the specific regulations of the unit, confirm the affiliation of the scientific research achievements, and determine whether the transformation of the scientific research achievements has the complicated specific policy regulations such as the restrictive regulations (such as security technologies of military industry and the like), the specific procedures of the transformation (examination and approval procedures inside and outside the unit), the interest affiliation after the transformation of the agreed clear achievements and the like. This results in a great deal of detail problems that need attention of the trading staff during the intellectual property trading process, and has corresponding requirements on intellectual property validity, right attribution, disclosure duration and the like. For example, provinces, institutions, and units have different strict regulations on the time of exposure before the transfer of intellectual property rights. These complicated procedures are a great burden for scientific researchers in institutions engaged in scientific research tasks. Therefore, how to effectively carry out detailed and reliable compliance audit on intellectual property trading projects before trading, scientific researchers are prevented from taking a mental bag to make transfer decision as soon as they feel hot, and the problem that the situation that college scientific researchers keep the bottom line and do not step on the red line is needed to be solved urgently at present is ensured.
In the prior intellectual property trading system, staff is often required to inquire various audit rules at any time for the compliance audit of intellectual property trading items in colleges and universities and manually judge the information of each intellectual property trading item, however, since the auditing rules relate to a plurality of levels such as countries, places, organizations and the like, the rules of different provinces and organizations have differences, moreover, because many terms related to the auditing rule are professional, different workers may interpret the same specific term differently, sometimes encounter some terms with unclear or ambiguous descriptions, and need to inquire various documents, consult experts in the industry, or even call into seminars, meanwhile, one intellectual property transaction item often relates to audit rules of multiple levels, and the audit rules matched with the artificially inquired items often have omission. Therefore, at present, the error rate of checking and judging the compliance of intellectual property trade items is high, the policy risk is difficult to avoid, the checking efficiency is low, and the information of the checking result cannot be fed back to the item trader in real time.
Thirdly, the transaction modes specified by the scientific and technological achievement conversion include different modes such as agreement pricing, listing transaction, auction and the like, while different modes such as transfer, permission, price investment and the like exist in the conversion mode, and prices in different transaction modes have larger difference. In the technical transformation process, there is a need to solve the problem of how to select the most favorable trading method urgently.
Aiming at the conversion of scientific and technological achievements, a plurality of specified notices of the ' method for promoting the conversion of scientific and technological achievements of the people's republic of China ' are released by the State Council in 2016, specific regulations are released by each province and the ministry, and specific regulations and regulations are released by related colleges and universities/scientific research institutes. There are many differences in the specific details of the state department, provincial/ministrator, colleges and universities/research institutes. For example: for example, in the seventeenth provision, the scientific and technological achievement price is determined by a protocol mode through a research and development institution established by the government and higher colleges according to the requirements of the convention in the scientific and technological achievement transformation promoting regulation of Zhejiang province, which is passed by 30.3.2017.7.23.A market should be disclosed in the unit and the technical trading market, the content of the convention includes the name of the scientific and technological achievement, the abstract of the content, the transformation mode and the transaction price, and the time for the convention is not less than fifteen days. The transferee is the person who completes the technical achievement of the job or the relation of interest and harms, and should be marked. Wherein the requirement for post-notice is a post-notice of 15 days. However, the same official requirements are stated in the eleventh regulation of "the regulation of promoting the transformation of scientific and technological achievements in Heilongjiang province" of Heilongjiang: "the scientific and technological achievements held by research and development institutions and higher colleges established by financial funds are used for disclosing information to the society before disposal, and the disclosing time is not less than 5 days; the basic situation and the information to be traded of the scientific and technological achievements are disclosed in the unit after the treatment, the time for the disclosure is not less than 15 days, and an objection processing program and method are disclosed, wherein the technical achievements are required to be disclosed for 5 days before the conversion, and the technical achievements are required to be disclosed for 15 days after the treatment. In terms of price determination, the fourteenth regulation of "Fujian province advanced scientific and technological achievement transformation regulation": the technical achievement price should be determined by the institutions such as research and development institutions, universities and colleges through agreement pricing, third party evaluation pricing, technical transaction market listing transaction, auction and other modes. Through agreement pricing or third party assessment pricing, a scientific and technological achievement holding unit should disclose the name of the scientific and technological achievement and the price to be traded in the unit, and the disclosure time is not less than fifteen days. The prices can be determined by agreement pricing, third-party evaluation pricing, technical transaction listing transaction, auction and other manners, the scientific and technological achievements 'regulations for promoting conversion of scientific and technological achievements in Shaanxi province stipulate' regulations, the prices of the scientific and technological achievements are determined by the agreement manners, the principals of the scientific and technological achievements can inquire prices publicly and determine the bargain prices, but the information of the names, the content summaries, the conversion manners, the transaction price and the like of the scientific and technological achievements can be disclosed in the unit, and the dissimilarity processing procedures and methods are determined and disclosed clearly. "when the agreement mode is mentioned, the transaction is carried out through a public price inquiring mode. Related scientific research units are different in agreement pricing minimum transaction price, some colleges and universities do not have the minimum price requirement, some colleges and universities have a high calibration rule of 5 ten thousand, some colleges and universities have a high calibration rule of 10 ten thousand, and some colleges and universities also have a high calibration rule of 20 ten thousand.
As can be seen from the above, the requirements of different provinces in china on the achievement transformation are different, and the technical achievement transfer often has a large number of trans-provincial cooperation situations, which is very complicated and difficult work for the college/scientific research unit inventor and the enterprises of the technology assignee. Although each province successively establishes a technical trading center, the situation of the province/city is often known, the provinces/city in the country are lack of grasp, and a specific problem solving mode is adopted when the actual situation is met, so that the working efficiency is low.
Therefore, a trading system is urgently needed in the current scientific and technological achievement transfer and transformation work to solve the problems of the intellectual property exchangeability, policy risk, optimal trading mode and the like, so that the trading efficiency is improved, and the scientific and technological achievement transfer and transformation is promoted. However, at present, the above problems can be solved only by manual operation based on experience, human factors have large interference and low efficiency, and policy risks are difficult to avoid effectively. The prior art can not rapidly and effectively solve the problems of the intellectual property such as the interchangeability, the policy risk, the optimal trading mode and the like in an automatic mode.
Disclosure of Invention
Aiming at the defects in the prior art, the technical problem to be solved by the invention is an intellectual property policy risk prevention system, an intellectual property trading system and an intellectual property trading method based on the system, and the problems of the exchangeability, the policy risk, the optimal trading mode and the like of intellectual property are quickly and effectively solved by a computer in an automatic mode, so that the interference of human factors is eliminated, the trading efficiency is improved, and the trading risk is reduced.
Therefore, the technical scheme adopted by the invention is as follows:
an intellectual property policy risk prevention system comprising:
the input module is used for acquiring, analyzing and identifying intellectual property trade item information;
the rule module comprises a policy rule database and a verification module, wherein the policy rule database is used for inquiring the policy rule database according to rule reference data in the intellectual property transaction item information to obtain correspondingly matched auditing rules, and the rule reference data comprises one or more of but not limited to right information, address information, transaction place information, transaction modes, transfer modes, public information, transaction prices and transaction price determining modes;
the auditing module is used for selecting part or all data in the intellectual property trade item information according to the auditing rule to audit and feeding back an auditing result;
the policy rules database includes, but is not limited to, one or more of state, ministry, provinces, intellectual property holders, and intellectual property trade related policy rules of trade locations, including, but not limited to, one or more of laws, regulations, ordinances, regulations, and trade rules of intellectual property trade.
Preferably, the audit rule is determined according to a policy rule stored in a policy rule database and corresponding to the right information, address information and/or transaction location information in the intellectual property transaction item information.
Preferably, the rule reference data includes a transaction mode, the rule module obtains a corresponding audit rule according to the transaction mode of the intellectual property transaction item, and the audit module audits one or more of the number of days of disclosure, the transaction price, the transfer mode and the transaction price determination mode in the intellectual property transaction item information according to the corresponding audit rule.
Preferably, the audit rule includes a minimum transaction price, and the minimum transaction price is determined according to the attribute information, address information, transaction mode, assignment mode and/or transaction place information stored in a policy rule database; the auditing module is used for auditing the transaction price in the intellectual property transaction item information, if the transaction price is less than the lowest transaction price, the auditing is not passed, otherwise, the transaction price auditing is passed.
Preferably, the audit rule includes a minimum number of days of disclosure, and the minimum number of days of disclosure is determined according to each requirement of days of disclosure corresponding to the right information, the address information, the transaction mode and/or the transaction location information stored in the policy rule database.
Preferably, the minimum number of days of disclosure is a maximum value among the number of days of disclosure required according to the right information, address information, transaction method, and/or transaction location information recorded in the policy rule database.
Preferably, the audit module specifically includes: the public information extraction module is used for extracting public information in the intellectual property trade item information; the public showing days calculating module is used for calculating the actual public showing days of the transaction items according to the public showing information; and the disclosure auditing module is used for judging whether the intellectual property item disclosure information is in compliance according to the difference value between the actual disclosure days and the lowest disclosure days.
Preferably, the publicity information includes the trade item publicity website, and the publicity day number calculation module is specifically configured to: calling a network control to remotely access the project public website, and capturing and analyzing a public start date in a public webpage; and calculating the actual number of days of the project according to the announcement starting date and the current date.
Preferably, the auditing module is further configured to: the method comprises the steps of grabbing and analyzing the public item information in a public webpage, wherein the public item information comprises but is not limited to one or more of transaction item names, right information, transfer/transferee, transaction modes, transaction prices, transaction price determining modes and public term; and comparing and checking the public item information and the acquired intellectual property trade item information, and if the public item information and the acquired intellectual property trade item information are different, feeding back that the audit is not passed.
Preferably, the public information includes data in a picture format, and the public day calculation module is specifically configured to: calling an OCR control to perform OCR to identify text information, retrieving and acquiring a public starting date in the text information; and calculating the actual number of days of the project according to the announcement starting date and the current date.
Preferably, the auditing module is further configured to: retrieving and acquiring public item information in the text information, wherein the public item information comprises but is not limited to one or more of intellectual property item names, right information, transferors/transferees, transaction modes, transaction price determining modes, transaction prices and public term; and comparing and checking the public item information and the acquired corresponding intellectual property trade item information, and if the public item information and the acquired corresponding intellectual property trade item information are different, feeding back that the audit is not passed.
Preferably, the input module includes: the data receiving module is used for acquiring the intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format; the data retrieval module is used for retrieving internal and/or external intellectual property databases according to the intellectual property registration number data in the intellectual property transaction item information to obtain corresponding intellectual property storage information; and the first data checking module is used for checking and/or supplementing the intellectual property trade item information according to the intellectual property storage information. The intellectual property storage information is information of each intellectual property stored in an internal or external intellectual property database, and includes but is not limited to information of each intellectual property title entry, intellectual property text information, intellectual property legal status information, intellectual property payment information and the like.
Preferably, the input module includes: the data receiving module is used for acquiring the intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format; the website generation module is used for extracting the intellectual property type and/or the intellectual property registration number data in the intellectual property transaction item information, acquiring a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, and generating the transaction item verification website according to the intellectual property registration number data of the preset verification website template; the data capturing module is used for calling a network control to remotely access the verification website and capturing and analyzing intellectual property information contained in the webpage code; and the second data checking module is used for checking and/or supplementing the intellectual property trade item information according to the intellectual property information.
Preferably, the intellectual property transaction item is a patent item, and the intellectual property item information includes, but is not limited to, one or more of a patent name, a patent (application) number, a patent type, an authorization date, an application date, a patentee/applicant, a patent classification number, and a legal status.
Preferably, the preset check website template is a patent payment inquiry website template, and the input module further comprises: the patent website generating module is used for generating the patent project payment website according to an intellectual property registration number and a preset patent payment inquiry website template, wherein the intellectual property registration number is a patent (application) number or a patent publication (announcement) number; the patent information capturing module is used for remotely accessing the patent project payment website through the network control, and capturing and analyzing part of website codes containing payment date information; and the payment date reminding module is used for sequencing the payment date information based on time, acquiring the number of days from the latest date to the current time, and comparing the number of days with a preset value to judge whether to send reminding information.
Preferably, the intellectual property right is a patent right, a trademark right or a copyright.
The invention also discloses an intellectual property trading system which comprises any one intellectual property policy risk prevention system.
Preferably, the intellectual property transaction system further comprises an evaluation module, wherein the evaluation module is configured to, when the intellectual property transaction item information is approved, invoke a pre-stored evaluation algorithm corresponding to the intellectual property type of the intellectual property transaction item, and generate the item score according to the evaluation algorithm and the transaction item evaluation information, where the transaction item evaluation information includes, but is not limited to, one or more of application date, number of times of reference, family patent, and inventor.
Preferably, the intellectual property trading system further comprises: and the recommending module comprises a historical transaction database and is used for inquiring the historical transaction database according to one or more data of the intellectual property transaction item scores, the classification numbers, the keywords, the transaction-planned prices, the transaction-planned modes, the intellectual property registration numbers, the intellectual property titles and/or the abstracts to form related transaction recommendation information, wherein the transaction recommendation information comprises but is not limited to one or more of historical transaction data, transfer modes, government support item data, potential customer enterprise data and transaction-planned tax data.
The intellectual property trading system is characterized in that the historical trading data comprise one or more of historical trading prices, tax data under a historical trading mode and/or a historical transfer mode.
The invention also discloses a method for preventing the risk of the intellectual property policy, which comprises the following steps:
s1, acquiring, analyzing and identifying intellectual property trade item information;
s2, inquiring an internal policy rule database according to rule reference data in the transaction item information to obtain correspondingly matched auditing rules, wherein the rule reference data include but are not limited to one or more of right information, address information, transaction place information, transaction modes, public information, transaction prices and transaction price determining modes;
s3, selecting part or all data in the intellectual property trade item information according to the auditing rule to audit and feeding back an auditing result; the policy rules database includes, but is not limited to, one or more of state, ministrator, provinces, intellectual property holders, and intellectual property trade related policy rules of the trade site, including, but not limited to, one or more of laws, regulations, ordinances, regulations, and trade rules of intellectual property trade.
Preferably, the audit rule is determined according to a policy rule stored in a policy rule database and corresponding to the right information, address information and/or transaction location information in the intellectual property transaction item information.
Preferably, the rule reference data includes a transaction mode; the step S2 includes obtaining a corresponding audit rule according to the transaction mode of the intellectual property transaction item; the step S3 includes auditing one or more of the number of days of disclosure, transaction price, transfer mode, and transaction price determination mode in the intellectual property transaction item information according to the corresponding auditing rule.
Preferably, the audit rule includes a minimum transaction price, and the minimum transaction price is determined according to the attribute information, address information, transaction mode, assignment mode and/or transaction place information stored in a policy rule database; the step S3 includes checking the transaction price in the intellectual property transaction item information, and if the transaction price is less than the lowest transaction price, the checking is not passed, otherwise, the transaction price is passed.
Preferably, the audit rule includes a set number of days of publicity, and the set number of days of publicity is determined according to each requirement for days of publicity corresponding to the rights information, the address information, the transaction method, and/or the transaction location information stored in the policy rule database.
Preferably, the minimum number of days of disclosure is a maximum value among the number of days of disclosure required according to the right information, address information, transaction method, and/or transaction location information recorded in the policy rule database.
Preferably, the step S3 specifically includes:
s31, extracting the public information in the intellectual property trade item information;
s32, calculating the actual showing days of the transaction item according to the showing information;
and S33, judging whether the intellectual property item public information is in compliance according to the difference value between the actual public days and the lowest public days.
Preferably, the public information includes the transaction item public website, and the step S32 includes: calling a network control to remotely access the transaction item public website, and capturing and analyzing a public start date in the public webpage information; and calculating the actual publicity days of the transaction item according to the publicity starting date and the current date.
Preferably, the step S3 further includes: capturing and analyzing the public item information in the public webpage, wherein the public item information comprises but is not limited to one or more of intellectual property item names, right information, transferors/transferees, transaction modes, transfer modes, transaction prices, transaction price determining modes and public term; and comparing and checking the public item information and the acquired intellectual property trade item information, and if the public item information and the acquired intellectual property trade item information are different, feeding back that the audit is not passed.
Preferably, the public information includes picture format data, and the step S32 includes: calling an OCR control to perform OCR to identify text information, retrieving and acquiring a public starting date in the text information; and calculating the actual number of days of the project according to the announcement starting date and the current date.
Preferably, the step S3 further includes: retrieving and acquiring public item information in the text information, wherein the public item information comprises but is not limited to one or more of intellectual property item names, right information, transferors/transferees, transaction modes, transaction prices and public term; and comparing and checking the public item information and the acquired corresponding intellectual property trade item information, and if the public item information and the acquired corresponding intellectual property trade item information are different, feeding back that the audit is not passed.
Preferably, the step S1 includes: acquiring intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format; searching an internal and/or external intellectual property database according to the intellectual property registration number data in the intellectual property transaction item information to obtain corresponding intellectual property storage information; and verifying and/or supplementing the intellectual property trade item information according to the intellectual property storage information.
Preferably, the step S1 includes: acquiring intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format; extracting intellectual property type and/or intellectual property registration number data in the intellectual property transaction item information, acquiring a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, and generating a transaction item verification website according to the intellectual property registration number data of the preset verification website template; calling a network control to remotely access the verification website, and capturing and analyzing intellectual property information contained in the webpage code; and verifying and/or supplementing the intellectual property trade item information according to the intellectual property information.
Preferably, the intellectual property transaction item is a patent item, and the intellectual property item information includes, but is not limited to, one or more of a patent name, a patent (application) number, a patent type, an authorization date, an application date, a patentee/applicant, a patent classification number, and a legal status.
Preferably, the preset verification website template is a patent payment inquiry website template, and the step S1 further includes:
generating the patent project payment website according to an intellectual property registration number and a preset patent payment inquiry website template, wherein the intellectual property registration number is a patent (application) number or a patent publication (announcement) number;
remotely accessing the patent project payment inquiry website through a network control, and capturing and analyzing part of website codes containing payment due date information;
and sorting the due payment date information based on time, obtaining the number of days from the latest date to the current time, and comparing the number of days with a preset value to judge whether to send reminding information.
Preferably, the intellectual property right is a patent right, a trademark right or a copyright.
The invention also discloses an intellectual property trading method, which comprises the steps of any one of the intellectual property policy risk prevention methods.
Preferably, the intellectual property trading method includes the steps of any one of the intellectual property policy risk prevention methods described above, and the following steps:
and S4, when the intellectual property transaction item information is approved, calling a pre-stored evaluation algorithm corresponding to the intellectual property type of the intellectual property transaction item, and generating the item score according to the evaluation algorithm and the transaction item evaluation information, wherein the transaction item evaluation information includes but is not limited to one or more of application date, quoted times, family patents and inventors.
Preferably, the method for preventing risk of an intellectual property policy further comprises:
and S5, querying a historical transaction database according to one or more data of the intellectual property transaction item scores, classification numbers, keywords, transaction-planning prices, transaction-planning modes, intellectual property registration numbers, intellectual property titles and abstracts to form related transaction recommendation information, wherein the transaction recommendation information comprises but is not limited to one or more of historical transaction data, assignment modes, government support item data, potential customer enterprise data and transaction-planning mode tax data.
Preferably, the historical transaction data includes, but is not limited to, one or more of historical transaction prices, tax data under historical transaction modes, and/or historical transfer modes.
The invention also discloses a device for preventing the risk of the intellectual property policy, which comprises a memory, a processor and a computer program which is stored in the memory and can run on the processor, wherein the processor realizes the steps of any one of the methods for preventing the risk of the intellectual property policy when executing the computer program.
The present invention also provides a computer readable storage medium, which stores a computer program, and the computer program is executed by a processor to implement the steps of any one of the methods for preventing risk of an intellectual property policy.
The invention also discloses a device for intellectual property trading, which comprises a memory, a processor and a computer program stored in the memory and capable of running on the processor, wherein the processor executes the computer program to realize the steps of any one of the intellectual property trading methods.
The invention also discloses a computer readable storage medium, which stores a computer program, and the computer program realizes any one of the steps of the method for intellectual property trading.
The invention achieves the following beneficial effects:
according to the intellectual property policy risk prevention system, the intellectual property transaction system based on the system and the method, the auditing rule corresponding to the intellectual property transaction item is autonomously matched and obtained through the system, and corresponding item information is extracted according to the auditing rule for autonomous auditing, so that the auditing efficiency and accuracy of the transaction system are improved, and the problems that the auditing efficiency is low and auditing result information cannot be fed back to the item trader in real time due to the fact that the auditing identification is manually judged in the prior art are solved. Meanwhile, information verification, policy risk auditing and optimal transaction mode/price recommendation are autonomously performed according to the intellectual property transaction item information submitted by the transaction party, so that the intellectual property transaction risk of the transaction party is greatly reduced, the exchangeability of the intellectual property transaction item, the compliance of the transaction process and the optimal transaction mode are ensured, the transaction efficiency is greatly improved, the successful transfer and conversion of scientific and technological achievements are promoted, the problems of judgment of exchangeability of intellectual property, policy risk auditing and optimal transaction mode recommendation in the transaction process in the current intellectual property transfer and conversion work are effectively solved, the transaction efficiency is greatly improved, the transaction risk of intellectual property is reduced, and the development of the scientific and technological achievement transfer and conversion work is promoted.
Additional aspects and advantages of the invention will be set forth in part in the description which follows and, in part, will be obvious from the description, or may be learned by practice of the invention.
Drawings
In order to more clearly illustrate the embodiments of the present invention or the technical solutions in the prior art, the drawings used in the description of the embodiments or the prior art will be briefly described below, it is obvious that the drawings in the following description are only embodiments of the present invention, and for those skilled in the art, other drawings can be obtained according to the provided drawings without creative efforts.
Fig. 1 is a schematic diagram of a system for risk prevention of an intellectual property policy according to an embodiment of the present invention.
Fig. 2 is a schematic diagram of an input module according to an embodiment of the present invention.
Fig. 3 is a schematic diagram of an input module according to another embodiment of the present invention.
Fig. 4 is a schematic diagram of an input module according to another embodiment of the present invention.
Fig. 5 is a schematic diagram of an audit module according to an embodiment of the present invention.
Fig. 6 is a schematic diagram of an intellectual property transaction system according to an embodiment of the present invention.
Fig. 7 is a flowchart of a method for preventing risk of an intellectual property policy according to an embodiment of the present invention.
Fig. 8 is a flowchart illustrating steps for acquiring information of an intellectual property transaction item according to an embodiment of the present invention.
Fig. 9 is a flowchart illustrating steps for acquiring information of an intellectual property transaction item according to another embodiment of the present invention.
Fig. 10 is a flowchart illustrating steps for acquiring information of an intellectual property transaction item according to another embodiment of the present invention.
FIG. 11 is a flowchart illustrating a process for reviewing the transaction item information according to an embodiment of the present invention.
Fig. 12 is a flowchart of an intellectual property transaction method according to an embodiment of the present invention.
Detailed Description
The technical solutions in the embodiments of the present invention will be clearly and completely described below with reference to the drawings in the embodiments of the present invention, and it is obvious that the described embodiments are only a part of the embodiments of the present invention, and not all of the embodiments. All other embodiments, which can be derived by a person skilled in the art from the embodiments given herein without making any creative effort, shall fall within the protection scope of the present invention.
Fig. 1 is a system for risk prevention of an intellectual property policy according to an embodiment of the present invention, which may specifically include: the input module 1 is used for acquiring, analyzing and identifying intellectual property trade item information; the rule module 2 comprises a policy rule database, and is used for querying the policy rule database according to rule reference data in the transaction item information to obtain correspondingly matched auditing rules, wherein the rule reference data include but are not limited to one or more of right information, address information, transaction place information, transaction modes, transfer modes, public information, transaction prices and transaction price determination modes; the auditing module 3 is used for selecting part or all data in the intellectual property trade item information according to the auditing rule to audit and feeding back an auditing result; the policy rules database includes but is not limited to one or more of state, each ministry, each province, intellectual property holders, and policy rules related to intellectual property trade in trade places, wherein the policy rules include but are not limited to one or more of laws, regulations, and trade rules of intellectual property trade.
Specifically, the user who wants to perform intellectual property trading can submit the intellectual property trading item data through a client, the client can be a mobile device (such as a mobile phone), a PC, a local server or a cloud server, the user logs in a trading website or trading software on the client to submit trading item information according to a preset data table, the item information can include right information, address information, trading place information, trading modes, public information, trading prices and the like, and specifically can include one or more of transferors, institutions, contact modes, provinces, trading modes, transfer modes, quasi-transfer prices, intellectual property types, intellectual property registration dates, intellectual property right holders, asset types, public display start dates and public display websites. Wherein the intellectual property right can be patent rights, trademark rights or copyright rights.
The system may be a mobile device (e.g., a mobile phone terminal), a PC terminal, a local server, or a cloud server, and the cloud server is introduced below as an example, and the cloud server receives the transaction item information sent by the client terminal and stores the transaction item information according to a predetermined data table format.
The policy rules database includes, but is not limited to, one or more of state, ministrator, provinces, intellectual property holders, and intellectual property trade related policy rules of the trade site, including, but not limited to, one or more of laws, regulations, ordinances, regulations, and trade rules of intellectual property trade.
In some preferred embodiments, the audit rule is determined according to a policy rule stored in a policy rule database and corresponding to the rights information, address information, and/or transaction location information in the intellectual property transaction item information. For example, when a patent of the Beijing university intends to trade in the Zhejiang intellectual property trading center, the applicable examination and verification rules need to be determined according to the intellectual property trading item information of the patent submitted by the transferor, the province and city rules need to be determined according to the ownership and address information, and the trading rules need to be determined according to the places to be traded, so that the patent trading items of the Beijing university need to examine the rules of the Beijing, the Beijing university, the education department and the Zhejiang intellectual property trading center when the patent trading items of the Beijing university intend to trade in the Zhejiang intellectual property trading center.
In a specific embodiment, the chinese patent CN201410058970.7 is used as an example of an intellectual property transaction item to discuss the auditing module, the patent right is from the research institute of shenzhen of beijing university, the address is from the north major park of shenzhen university of west shanyao of shenzhen city of Guangdong province, and the transaction item information of the intellectual property transaction item input by the trader may be: the title information is the research institute of Shenzhen of Beijing university, the address information is the North Dayun of Shenzhen university of West Lizhen of south mountain of Shenzhen of Guangdong province, the transaction place information is the intellectual property trade center of Zhejiang, the transaction mode is transfer, the transfer mode is protocol pricing, the public information is picture uploading information, the number of days of the public presentation is 16 days, and the transaction price is 200 ten thousand. The input module 1 firstly analyzes and identifies the transaction item information from the input information of the trader sent by the external client. The rule module 2 searches the corresponding matched auditing rule in the policy rule database according to the transaction item information in sequence, and sends the auditing rule to the auditing module 3 to audit the corresponding data in the transaction item information. For example, first, according to the granitar information beijing university shenzhen graduate institute, whether the system is authorized to process the transaction is judged, specifically, the rule module 2 firstly obtains the corresponding matched auditing rule of the education department according to the searching policy rule database of the granitar information beijing university shenzhen graduate institute, in other embodiments, if the granitar is a national enterprise, a state commission auditing rule needs to be selected, the auditing module 3 judges whether the transaction platform or the transaction system is authorized to trade the intellectual property item according to the auditing rule of the education department, if not, information of the unauthorized part is fed back, subsequent other auditing operations can also be stopped, if authorized, other auditing rules are processed, in the embodiment, the transaction platform is set to be authorized, then other contents in the auditing rules of the education department are continuously audited, for example, the number of days of prior official publication requires at least 8, the auditing module 3 calls the public information in the patent transaction item information for auditing, if the public information conforms to the auditing rule of the education department within 16 days, the auditing is passed, otherwise, the information that the auditing is not passed is fed back. For another example, if the transaction mode specified by the audit rule of the education department can be an assignment, permission or pricing investment mode, the audit module 3 retrieves the transaction mode item in the transaction item information, the transaction mode in this embodiment is an assignment compliance requirement, the audit module 3 further queries the regulations related to assignment in the audit rule content of the education department, and audits the related assignment mode and the transaction price in the transaction item information according to the regulation that the agreement pricing minimum price in the assignment mode is 50 ten thousand, and the compliance regulation enters a subsequent audit link, otherwise, the audit fails to pass the information. In the same way, the auditing module 3 respectively selects corresponding information in the transaction item information according to other specified contents in the auditing rule of the education department, such as transaction price determining modes, division ratios and the like which may be included, and audits, if the corresponding information does not meet the requirements of the specified contents, the auditing module feeds back that the auditing is not passed, otherwise, the auditing module continues to audit other information. The rule module 2 queries auditing rules of Beijing university and/or Shenzhen institute of Beijing university in a policy rule database at the same time or in advance or later according to the ownership information in the transaction project, and sends the auditing rules to the auditing module 3, and the auditing module 3 audits contents in corresponding patent project information according to the auditing rule contents of the Beijing university and/or Shenzhen institute of Beijing university. The rule module 2 queries corresponding matched locality audit rules in the policy rule database simultaneously or in advance or later according to address information in transaction projects, for example, the address information in this embodiment is the north garden of the southwestern Shenzhen province Shenzhen university city of southwestern Shenzhen, Guangdong province and/or Shenzhen city audit rules are selected first, the further rule module 2 can call the ownership information and verify the selected locality audit rules, for example, the patent ownership is the Beijing university Shenzhen research institute, because the principal of Beijing university is adopted, the rule module 2 modifies and corrects the selected auditing rules of Guangdong province and/or Shenzhen city, replaces the selected auditing rules of the Beijing province and/or the Haizu district as the Beijing university residence, determines the locality audit rules and sends the determined locality audit rules to the audit module 3, the auditing module 3 selects corresponding information in the transaction item information for auditing according to the extracted auditing contents in the auditing rules of Beijing city and/or Haihu district, such as whether the auditing contents are authorized to be processed, the number of publicized days, the transaction mode, the transfer mode and the like, and the specific auditing method is not described in detail as above. Further, the rule module 2 may query correspondingly matched auditing rules of the transaction places in the policy rule database according to the information of the transaction places in the transaction items, for example, the transaction place in the embodiment is an intellectual property transaction center in zhejiang province, so that the rule module 2 queries the auditing rules of the intellectual property transaction center in zhejiang province in the policy rule database to obtain the auditing rules of the intellectual property transaction center in zhejiang province, and then sends the auditing rules to the auditing module 3, and the auditing module 3 selects corresponding information in the information of the transaction items to audit according to the extracted auditing contents of the auditing rules of the intellectual property transaction center in zhejiang province, and the specific auditing method is not described in detail as above.
In some preferred embodiments, the audit rule is determined according to a policy rule stored in a policy rule database and corresponding to the rights information, address information, and/or transaction location information in the intellectual property transaction item information. In other preferred embodiments, the rule reference data includes a transaction mode, the rule module obtains a corresponding audit rule according to the transaction mode of the intellectual property transaction item, and the audit module audits one or more of the number of days of disclosure, transaction price, transfer mode, and transaction price determination mode in the intellectual property transaction item information according to the corresponding audit rule. For example, in the provincial rule, the required transaction price ranges for the respective transaction modes are different.
In some preferred embodiments, the input module 1 is further configured to compare the obligee data with the stored transaction item ownership information, if the obligee data is consistent with the stored transaction item ownership information, the subsequent step is performed, and otherwise, check error information is fed back to the client.
In other preferred embodiments, as shown in fig. 2, verification of each data in the transaction item information is further required at the stage of the input module 1 for acquiring the intellectual property transaction item information. Taking a patent transaction project as an example, the predetermined data to be audited at least includes one or more of inventor information, a patentee, whether there is a pledge, a legal status, payment information, and an audit progress status, and the steps may specifically include:
the data receiving module 1101 is configured to obtain information of the intellectual property trade item and store the information in a predetermined data table format.
For example, the patent transaction item information includes, but is not limited to, one or more of a patent assignor, an organization, a contact, a province, an assignment mode, a planned assignment price, a patent (application) number, a patent publication (announcement) number, a patent authorization day, a patent claimant, an asset type, an announcement start date, an announcement website, a pledge situation, payment information, a transaction mode, and whether the patent belongs to a national defense patent or a secret-related patent.
The data retrieving module 1102 is configured to retrieve internal and/or external intellectual property databases according to the intellectual property registration numbers in the intellectual property transaction item information to obtain corresponding intellectual property storage information.
The first data checking module 1103 is configured to check and/or supplement the intellectual property trade item information according to the intellectual property storage information.
Specifically, an internal intellectual property database is inquired according to a patent number, storage information such as an inventor, a patentee, an application date and the like is extracted, the storage information is compared with corresponding data in an acquired patent transaction project for verification, if the storage information is consistent with the corresponding data, the following steps are carried out, and otherwise, a verification result is fed back to a client or other subsequent processing modules. By utilizing the internal intellectual property information database, the acquired information of the intellectual property transaction item part is audited in real time and fed back to the client or other subsequent processing modules, so that a trader can acquire the information filling audit condition in real time, and information filling errors can be found and corrected at the first time. In other embodiments, the external database may also be used, for example, by accessing and querying the external business database through a web control to obtain real-time intellectual property storage information of the corresponding intellectual property transaction item.
Preferably, correct information of the checked patent transaction item information or other corresponding parts of the patent transaction item information can be sent to the client or the subsequent processing module according to the checking result, so that a trader can automatically call other corresponding intellectual property transaction item information by the system by only filling part of the intellectual property transaction item information, operation processes and data input errors of the trader can be effectively reduced, input data can be checked in real time, and subsequent transaction failure or other transaction risks caused by subsequent wrong transaction data are avoided.
In other preferred embodiments, as shown in fig. 3, the uploaded intellectual property item information may also be audited by updating information in real time through an external platform, and the input module 1 may further specifically include:
a data receiving module 1201, configured to acquire intellectual property trade item information and store the intellectual property trade item information in a predetermined data table format;
a website generation module 1202, configured to extract an intellectual property type and/or intellectual property registration number data in the intellectual property transaction item information, obtain a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, and generate the transaction item verification website according to the preset verification website template intellectual property registration number data;
a data capture module 1203, configured to invoke a network control to remotely access the verification website, and capture and analyze intellectual property information included in the webpage code;
and a second data checking module 1204, configured to check and/or supplement the intellectual property trade item information according to the intellectual property information.
In other embodiments, when the intellectual property transaction item is a patent item, as shown in fig. 4, the following are specific:
the patent website generating module 1302 is configured to generate the patent project information query website according to the patent (application) number and a preset patent query website template, access the patent project information query website, and capture and analyze a part of website codes including the information of the due payment date.
Specifically, the intellectual property registration number is extracted, and preferably, the intellectual property registration number is a patent (application) number, and the patent number does not contain a ". multidot." character, and the patent item information query website is generated according to a preset patent information query website template. For example, the intellectual property transaction item is a patent item, in this embodiment, an http:// cpquery.sipo.gov.cn website is selected as a patent information query providing website, and according to analysis of the website, it can be determined that a patent information query website template of the website is http:// cpquery.sipo.gov.cn/txquerybiographic data.do? The patent information query address is "http:// cpquery. sipo. gov. cn/txquerybiographic data. do? select-key, shenqingh 2013105970334 ". If the selected information inquiry website is other websites, the inquiry website template can be modified according to the specific website. Remotely accessing a corresponding patent information inquiry website, capturing an 'application information' webpage code, and extracting a case state and a patent applicant information part code; the system analyzes the data values contained in the codes, and then restores the analyzed case state data values and applicant data values into final data according to a preset algorithm and stores the final data into a server internal memory; logically comparing the case state with a system preset value, and entering the next step if the state belongs to the preset effective states in various patent methods such as 'patent right maintenance', 'pending proposal', 'Zhongtong return to the case' and the like; if the data belongs to various preset invalid states, such as 'regarded as withdrawn' and other states, the query step is terminated, the 'invalid state' information is returned to the client, and all the steps are terminated. By automatically accessing latest right information and patent right validity information of the patent transaction items of the external patent information capturing website, possible unauthorized transaction behaviors and invalid intellectual property transaction behaviors of traders can be found in time, and subsequent transaction disputes are avoided.
And the patent information capturing module 1303 is configured to generate the patent project payment website according to the intellectual property registration number and a preset patent payment inquiry website template, and capture and analyze payment due date information of the patent project in the website.
Specifically, the intellectual property registration number is preferably a patent (application) number, and a payment website corresponding to the patent project is generated according to a patent project payment website template preset in the server. Specifically, the website template for paying the patent project can be set as http:// cpquery. sipo. gov. cn/txnqueryfeedata. do? And selecting-key, namely shenqingh, although other patent payment information inquiry websites can be used as the website template. For example, if a patent item has a patent number "201310597033.4", the corresponding payment website for the patent item is generated as follows:
"http:// cpquery. sipo. gov. cn/txnqueryfeedata. do? select-key, shenqingh 2013105970334 ". The server remotely accesses the patent project payment website, the system analyzes the data values contained in the patent project payment webpage codes, and then the analyzed case state, applicant and/or payment due date data values are respectively restored into final data and stored.
And a payment date reminding module 1304, configured to sort the payment date information based on time, obtain the number of days from the current time to the nearest date, and compare the number of days with a preset value to determine whether to send a reminding message.
The server sorts the acquired data of the 'due payment dates' based on time, selects the date closest to the current date, stores the date in the memory, then carries out day operation on the date and the current date to obtain days, and stores the days in the temporary memory; the system compares the number of days with a preset value, and if the number of days is smaller than the preset value, a prompt is sent to a client or other systems.
The payment inquiry website corresponding to the patent transaction items is automatically accessed through the server, the latest official payment information is obtained, the time loss caused by the fact that the user completely needs to log in the corresponding website to inquire the payment information in the existing mode is avoided, the payment reminding can be timely fed back to the client for the transaction items which are up to the payment time limit, and the occurrence of subsequent transaction disputes caused by the fact that related fees are not timely paid in the transaction process is avoided.
In other embodiments, the rule module 2 is configured to query an internal policy rule database according to rule reference data in the transaction item information to obtain a corresponding audit rule, where the rule reference data includes, but is not limited to, one or more of right information, address information, transaction location information, transaction manner, public information, transaction price, and transaction price determination manner. Preferably, the audit rule includes a minimum number of days of disclosure, and the minimum number of days of disclosure is a maximum value in each requirement of days of disclosure corresponding to the right information, the address information and/or the trading place information recorded in the trading rule database.
Preferably, the transaction rule database further includes a policy rule database which is related to intellectual property and technology and can perform computer logic judgment, and the policy rule database includes but is not limited to: asset type, secret/secret-free, national defense patents, requirements for conversion and filing of scientific and technological achievements, evaluation requirements, public period, transaction mode and conversion mode. The server extracts at least the following information in the intellectual property trade item information: asset type, organization, transaction mode, transaction price, whether it is a secret patent/defense patent, public start time, public website. The selection of the specific transaction rule can be performed by one or more of the following modes:
and selecting corresponding related transaction rule data of the country, the nation, the capitalization and the commission according to the asset type of the project information.
And acquiring the corresponding provincial and municipal transaction rule according to the address information of the project information.
And acquiring the transaction rule of the organization according to the organization information of the project information.
And acquiring the transaction rule of the transaction place according to the transaction place information of the item information.
Each transaction rule includes, but is not limited to, various types of preset information: the number of days to meet, whether to allow the transaction, the manner in which the transaction is allowed, e.g., listing or negotiation, the range of prices allowed for the transaction, etc.
In some embodiments, the auditing module 3 is configured to select, according to the auditing rule, part or all of the data in the intellectual property transaction item information to audit, and feed back an auditing result. The intellectual property policy risk prevention system audits according to submitted intellectual property transaction item information, such as right conditions, public information and the like. The audit content includes but is not limited to: whether the project ownership belongs to the affiliated unit or is commonly owned by a plurality of units; whether the technology belongs to the technology which is not allowed to trade by national regulations; whether it is a secret-related patent/national defense patent; whether the information exists or not is disclosed, and whether the time of the disclosure meets the requirements or not is disclosed; whether the transaction price and the transaction mode meet the requirements or not; whether the transaction mode is one or more of rules such as agreement pricing mode and the like. If the audit is passed according to the rule, the subsequent step is carried out; and if the audit is not passed, feeding back the rule preset conditions and the submitted data which are not passed to the client.
In some preferred embodiments, as shown in fig. 5, the auditing module 3 for auditing whether the announcement information exists and whether the announcement time meets the requirement may specifically include the following parts:
and the public information extracting module 31 is configured to extract public information in the intellectual property trade item information.
And the showing days calculating module 32 is used for calculating the actual showing days of the transaction items according to the showing information.
In some embodiments, a network control can be invoked to remotely access the project public website, and a public start date in public information is captured and analyzed; and calculating the actual number of days of the project according to the announcement starting date and the current date. And if the server cannot be accessed, sending 'website address invalidation' information to the client.
In other embodiments, an OCR control may be invoked to perform OCR recognition on text information, retrieve and obtain a public start date in the text information; and calculating the actual number of days of the project according to the announcement starting date and the current date.
In other embodiments, the auditing module 3 first determines the data type of the public information in the intellectual property transaction item; if the public information data is website information, calling a network control to remotely access the public website and capturing webpage information to a server, calculating the actual public days of the project according to the public starting date and the current date, and if the public website cannot be accessed, sending 'website invalid' information to the client. If the data format of the public information is a picture format, calling an OCR control to perform OCR to identify text information, retrieving and acquiring a public start date in the text information; and calculating the actual number of days of the project according to the announcement starting date and the current date. If the data format is a text format, retrieving the text information and/or the intellectual property trade item information, and acquiring a public starting date in the text information and/or the intellectual property trade item information; and calculating the actual number of days of the project according to the initial announcement date and the current date, and if the relevant announcement information is not inquired, feeding back the information inquiry failure result to the client.
Through automatic identification and acquisition of various public information, the problems that the public information needs manual review by background workers in the prior art, time and labor are wasted, and the review progress is slow are solved, and the review efficiency of the public information is greatly improved.
And the disclosure auditing module 33 is configured to judge whether the intellectual property item disclosure information is compliant according to the difference between the actual disclosure days and the lowest disclosure days.
Specifically, the announcement auditing module 33 compares the actual announcement days with the preset lowest announcement days, and if the actual announcement days are smaller than the preset value, sends a reminding or auditing result to the client.
In other embodiments, as shown in fig. 6, an intellectual property trading system based on the intellectual property policy risk prevention system of the above embodiments is disclosed. In some preferred embodiments, the intellectual property trading system may include the following parts in addition to the components of the intellectual property policy risk systems described in the above embodiments:
and the evaluation module 4 is configured to, when the intellectual property transaction item information is approved, call a pre-stored evaluation algorithm corresponding to the intellectual property type of the intellectual property transaction item, and generate the item score according to the evaluation algorithm and the transaction item evaluation information, where the transaction item evaluation information includes, but is not limited to, one or more of application date, number of times of reference, family patents, and inventors.
Specifically, an internal intellectual property database is inquired according to intellectual property registration numbers in the intellectual property transaction item information, and the following transaction item information including information of application dates, quoted times, patent families, inventor and the like is extracted; and calling a pre-stored evaluation algorithm corresponding to the type of the intellectual property right of the transaction item, scoring the intellectual property right of the item according to the application date, the quoted times, the same family patents, the inventor and other information to obtain a score, storing the score and a registration number of the corresponding intellectual property right, and feeding back the generated score to the client. The user in front of the client can intuitively acquire the value of the intellectual property item to be traded. In some embodiments, if the evaluation algorithm fails to score some of the patent items, a cited patent or a cited patent of the patent may be queried and obtained, and the evaluation of the patent items may be replaced by evaluating the cited patent or the cited patent.
In other embodiments, the intellectual property trading system may further include:
and the recommending module 5 is used for querying a historical transaction database according to one or more data of the intellectual property transaction item scores, the classification numbers, the keywords, the transaction-planning prices, the transaction-planning modes, the intellectual property registration numbers, the intellectual property titles and the abstracts to form related transaction recommending information, wherein the transaction recommending information comprises but is not limited to one or more of historical transaction data, transfer modes, government support item data, potential customer enterprise data and transaction-planning mode tax data.
Wherein the historical transaction data includes, but is not limited to, one or more of historical transaction prices, tax data under historical transaction modes, and/or historical transfer modes.
Specifically, historical transaction data of similar items to be transacted and potential users are inquired and recommended according to the intellectual property transaction item information. The recommendation information includes, but is not limited to, one or more of a historical transaction item data table, a historical transaction item evaluation data table, a historical transaction item transfer mode data table, a national/provincial key support item table, a financing data table, an enterprise information data table, and a tax rule table. Can include the following steps: acquiring intellectual property registration numbers, transaction prices, transaction manners, intellectual property registration numbers, intellectual property titles, abstracts and classification numbers in the transaction item information. And extracting key words according to the intellectual property title and the abstract. Extracting a score of a stored project according to the intellectual property registration number; and inquiring the tax rule table according to the transfer mode table information, and extracting the tax calculation rule.
Inquiring the project data of the historical transaction according to the obtained classification number, the keywords and the scoring value, and obtaining historical transaction data and an assignment mode table;
inquiring with a national/provincial key support project form according to the key words to obtain a government support project form;
inquiring an enterprise information data table according to the key words to obtain a potential client enterprise table;
and calculating based on tax calculation rules according to the transaction-intended price, the transaction-intended mode, the historical transaction data and the transfer mode table, and calculating the tax data of the transaction-intended mode and the tax data of the historical transaction transfer mode.
And finally, sending one or more data groups such as the acquired historical transaction data and transfer mode, government support project data, potential client enterprise data, tax data in a transaction-planning mode, tax data in the historical transaction transfer mode and the like to the client. The user can quickly know the information related to the intellectual property trading item according to the trading recommendation information received by the client, and the trading success rate is improved.
Specifically, in some embodiments, the system ranks the user-submitted project information based on its rating score, resulting in a score of 5 points (1-5 points) or 10 points (1-10 points) or percent (1-100 points); then, based on project information submitted by a user, according to IPC classification or keywords or industries, inquiring transaction data records in related fields in a historical database, then calculating the correlation according to a TF-IDF algorithm, and carrying out sequencing record to obtain a first sequencing record list; and inquiring in the obtained record list according to the score obtained by grading to obtain a second sorted record list which is newly sorted. Calling a tax rule database, and calculating tax collection amount required to be paid under different transfer modes, such as periodical tax payment, delayed tax payment and the like; and classifying according to the records in the second sorting record list according to transaction modes such as agreement pricing, listing transaction and auction and transfer modes such as price entering, permission and ownership transfer, and feeding back to form transaction recommendation information. The user can quickly know the information related to the intellectual property trading item according to the received trading recommendation information, and the trading success rate is improved.
The components of the system illustrated in the above embodiments are basically explained by the patent right transaction items, and other intellectual property transaction items, such as trademarks, copyrights, and scientific and technological achievement items, are similar to the patent right transaction items, and the components can be increased or decreased as appropriate according to the specific transaction item types, which are within the scope of the present invention. The intellectual property trading system described in each embodiment autonomously verifies information, audits policy risk and recommends trading mode and price according to intellectual property trading item information submitted by a trading party, so that the intellectual property trading risk of the trading party is greatly reduced, the interchangeability of intellectual property trading items, the compliance of trading process and the adoption of an optimal trading mode are ensured, the trading efficiency is greatly improved, and the successful transfer and transformation of scientific and technological achievements are promoted.
According to the intellectual property policy risk prevention system and the intellectual property transaction system disclosed by the embodiments, the auditing rule corresponding to the intellectual property transaction item is autonomously matched and acquired, and the corresponding item information is extracted according to the auditing rule for autonomous auditing, so that the auditing efficiency and accuracy of the intellectual property transaction system are improved, and the problems that the auditing efficiency is low and the auditing result information cannot be fed back to the item trader in real time due to the conventional manual judgment and auditing identification are solved. Meanwhile, information verification, compliance audit and optimal transaction mode/price recommendation are autonomously performed according to the intellectual property transaction item information submitted by the transaction party, the intellectual property transaction risk of the transaction party is greatly reduced, the interchangeability of intellectual property transaction items, the compliance of transaction processes and the optimal transaction mode are ensured, the transaction efficiency is greatly improved, the successful transfer and conversion of scientific and technological achievements are promoted, the problems of intellectual property interchangeability judgment, compliance audit and optimal transaction mode recommendation in the current intellectual property transfer and conversion work are effectively solved, the transaction efficiency is greatly improved, the intellectual property transaction risk is reduced, and the development of the scientific and technological achievement transfer and conversion work is promoted.
For convenience of description, the above system is described as being divided into various units by functions, and described separately. Of course, the functions of the units may be implemented in the same software and/or hardware or in a plurality of software and/or hardware when implementing the invention. The embodiments of the intellectual property policy risk prevention system and the intellectual property transaction system described above are only illustrative, wherein the units described as separate components may or may not be physically separate, and the components displayed as units may or may not be physical units, may be located in one place, or may be distributed on a plurality of network units. Some or all of the modules may be selected according to actual needs to achieve the purpose of the solution of the present embodiment. One of ordinary skill in the art can understand and implement it without inventive effort.
Fig. 7 is a method for preventing risk of an intellectual property policy according to an embodiment of the present invention, which may specifically include the following steps:
step S1, intellectual property transaction item information is acquired, analyzed and identified.
Specifically, the user who wants to perform intellectual property trading can submit the intellectual property trading item data through a client, the client can be a mobile device (such as a mobile phone), a PC, a local server or a cloud server, the user logs in a trading website or trading software on the client to submit trading item information according to a preset data table, the item information can include right information, address information, trading place information, trading modes, public information, trading prices and the like, and specifically can include one or more of transferors, institutions, contact modes, provinces, trading modes, transfer modes, quasi-transfer prices, intellectual property types, intellectual property registration dates, intellectual property right holders, asset types, public display start dates and public display websites. Wherein the intellectual property right can be patent rights, trademark rights or copyright rights.
The method can be applied to mobile equipment (such as a mobile phone terminal), a PC terminal, a local server or a cloud server, and the like, and is described below by taking the cloud server as an example, and the cloud server receives the transaction item information sent by the client terminal and the like and then stores the transaction item information according to a preset data table format.
The policy rules database includes, but is not limited to, one or more of state, ministrator, provinces, intellectual property holders, and intellectual property trade related policy rules of the trade site, including, but not limited to, one or more of laws, regulations, ordinances, regulations, and trade rules of intellectual property trade.
In some preferred embodiments, the audit rule is determined according to a policy rule stored in a policy rule database and corresponding to the rights information, address information, and/or transaction location information in the intellectual property transaction item information. For example, when a patent of the Beijing university intends to trade in the Zhejiang intellectual property trading center, the applicable examination and verification rules need to be determined according to the intellectual property trading item information of the patent submitted by the transferor, the province and city rules need to be determined according to the ownership and address information, and the trading rules need to be determined according to the places to be traded, so that the patent trading items of the Beijing university need to examine the rules of the Beijing, the Beijing university, the education department and the Zhejiang intellectual property trading center when the patent trading items of the Beijing university intend to trade in the Zhejiang intellectual property trading center.
In some preferred embodiments, the rule reference data comprises a transaction mode; the step S2 includes obtaining a corresponding audit rule according to the transaction mode of the intellectual property transaction item; the step S3 includes auditing one or more of the number of days of disclosure, transaction price, transfer mode, and transaction price determination mode in the intellectual property transaction item information according to the corresponding auditing rule. For example, in the provincial rule, the required transaction price ranges for the respective transaction modes are different.
In some preferred embodiments, the step S1 further includes:
and comparing the obligee data with the stored transaction item ownership information, if the obligee data are consistent with the stored transaction item ownership information, entering the subsequent step, and otherwise, feeding back verification error information to the client.
In other preferred embodiments, as shown in fig. 8, the stage of acquiring the intellectual property trade item information in step S1 further needs to verify the data in the trade item information. Taking a patent transaction project as an example, the predetermined data to be audited at least includes one or more of inventor information, a patentee, whether there is a pledge, a legal status, payment information, and an audit progress status, and the steps may specifically include:
s1101, acquiring intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format.
For example, the patent transaction item information includes, but is not limited to, one or more of a patent assignor, an organization, a contact, a province, an assignment mode, a planned assignment price, a patent (application) number, a patent publication (announcement) number, a patent authorization day, a patent claimant, an asset type, an announcement start date, an announcement website, a pledge situation, payment information, a transaction mode, and whether the patent belongs to a national defense patent or a secret-related patent.
S1102, searching an internal and/or external intellectual property database according to the intellectual property registration number data in the intellectual property transaction item information to acquire corresponding intellectual property storage information. And S1103, verifying and/or supplementing the intellectual property trade item information according to the intellectual property storage information.
Specifically, an internal intellectual property database is inquired according to a patent number, storage information such as an inventor, a patentee, an application date and the like is extracted, the storage information is compared with corresponding data in an acquired patent transaction project for verification, if the storage information is consistent with the corresponding data, the following steps are carried out, and otherwise, a verification result is fed back to a client or other subsequent processing modules. By utilizing the internal intellectual property information database, the acquired information of the intellectual property transaction item part is audited in real time and fed back to the client or other subsequent processing modules, so that a trader can acquire the information filling audit condition in real time, and information filling errors can be found and corrected at the first time. In other embodiments, the external database may also be used, for example, by accessing and querying the external business database through a web control to obtain real-time intellectual property storage information of the corresponding intellectual property transaction item.
Preferably, correct information of the checked patent transaction item information or other corresponding parts of the patent transaction item information can be sent to the client or the subsequent processing module according to the checking result, so that a trader can automatically call other corresponding intellectual property transaction item information by the system by only filling part of the intellectual property transaction item information, operation processes and data input errors of the trader can be effectively reduced, input data can be checked in real time, and subsequent transaction failure or other transaction risks caused by subsequent wrong transaction data are avoided.
In other preferred embodiments, as shown in fig. 9, the uploaded intellectual property item information may also be audited by updating the information in real time through an external platform, and the step S1 may further specifically include:
s1201, acquiring intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format;
s1202, extracting intellectual property type and/or intellectual property registration number data in the intellectual property transaction item information, acquiring a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, and generating the transaction item verification website according to the intellectual property registration number data of the preset verification website template;
s1203, calling a network control to remotely access the verification website, and capturing and analyzing intellectual property information contained in the webpage code;
s1204, according to the intellectual property information, the intellectual property trade item information is verified and/or supplemented.
In other embodiments, when the intellectual property transaction item is a patent item, as shown in fig. 10, the following are specific:
s1302, generating the patent project payment website according to the intellectual property registration number and a preset patent payment inquiry website template.
And S1303, remotely accessing the patent project information inquiry website through the network control, and capturing and analyzing part of website codes containing the information of the payment due date.
Specifically, the intellectual property registration number is preferably a patent (application) number, and the patent project payment website is generated according to a preset patent payment inquiry website template in the server. Specifically, the website template for paying the patent project can be set as http:// cpquery. sipo. gov. cn/txnqueryfeedata. do? And selecting-key, namely shenqingh, although other patent payment information inquiry websites can be used as the website template. For example, if a patent item has a patent number "201310597033.4", the corresponding payment website for the patent item is generated as follows: "http:// cpquery. sipo. gov. cn/txnqueryfeedata. do? select-key, shenqingh 2013105970334 ". The server remotely accesses the patent project payment website, the system analyzes the data values contained in the patent project payment webpage codes, and then the analyzed case state, applicant and/or payment due date data values are respectively restored into final data and stored.
And S1304, sorting the due payment date information based on time, obtaining the number of days from the latest date to the current time, and comparing the number of days with a preset value to judge whether to send reminding information.
The server sorts the acquired data of the 'due payment dates' based on time, selects the date closest to the current date, stores the date in the memory, then carries out day operation on the date and the current date to obtain days, and stores the days in the temporary memory; the system compares the number of days with a preset value, and if the number of days is smaller than the preset value, a prompt is sent to a client or other systems.
The payment inquiry website corresponding to the patent transaction items is automatically accessed through the server, the latest official payment information is obtained, the time loss caused by the fact that the user completely needs to log in the corresponding website to inquire the payment information in the existing mode is avoided, the payment reminding can be timely fed back to the client for the transaction items which are up to the payment time limit, and the occurrence of subsequent transaction disputes caused by the fact that related fees are not timely paid in the transaction process is avoided.
Step S2, querying an internal policy rule database according to rule reference data in the transaction item information to obtain corresponding audit rules, where the rule reference data includes but is not limited to one or more of right information, address information, transaction location information, transaction manner, public information, transaction price, and transaction price determination manner;
preferably, the audit rule includes a minimum number of days of disclosure, which is a maximum value among the requirements of the number of days of disclosure corresponding to the right information, the address information and/or the trading place information recorded in the trading rule database.
Preferably, the transaction rule database further comprises a policy rule database which contains state hospitals, national population, ministration, provinces and cities, units and transaction centers, is related to intellectual property and technology and can perform computer logic judgment, and the database includes but is not limited to: asset type, secret/secret-free, national defense patents, requirements for conversion and filing of scientific and technological achievements, evaluation requirements, public period, transaction mode and conversion mode. The server extracts at least the following information in the intellectual property trade item information: asset type, organization, transaction mode, transaction price, whether it is a secret patent/defense patent, public start time, public website. The selection of the specific transaction rule can be performed by one or more of the following modes:
and selecting corresponding related transaction rule data of the country, the nation, the capitalization and the commission according to the asset type of the project information.
And acquiring the corresponding provincial and municipal transaction rule according to the address information of the project information.
And acquiring the transaction rule of the organization according to the organization information of the project information.
And acquiring the transaction rule of the transaction place according to the transaction place information of the item information.
Each transaction rule includes, but is not limited to, various types of preset information: the number of days to meet, whether to allow the transaction, the manner in which the transaction is allowed, e.g., listing or negotiation, the range of prices allowed for the transaction, etc.
And step S3, selecting part or all data in the intellectual property trade item information according to the auditing rule to audit and feeding back an auditing result.
And the server performs auditing according to the submitted intellectual property transaction item information, such as right conditions, public information and the like. The audit content includes but is not limited to: whether the project ownership belongs to the affiliated unit or is commonly owned by a plurality of units; whether the technology belongs to the technology which is not allowed to trade by national regulations; whether it is a secret-related patent/national defense patent; whether the public information exists or not and whether the public time meets the requirements or not are disclosed; whether the transaction price and the transaction mode meet the requirements or not; whether the transaction mode is one or more of rules such as agreement pricing mode and the like. If the audit is passed according to the rule, the subsequent step is carried out; and if the audit is not passed, feeding back the rule preset conditions and the submitted data which are not passed to the client.
In some preferred embodiments, as shown in fig. 11, the step of the server checking whether the public information exists and whether the public time meets the requirement may specifically include the following steps:
and S31, extracting the public information in the intellectual property trade item information.
And S32, calculating the actual showing days of the transaction item according to the showing information.
In some embodiments, a network control is invoked to remotely access the project public website, and a public start date in public information is captured and analyzed; and calculating the actual number of days of the project according to the announcement starting date and the current date. And if the server cannot be accessed, sending 'website address invalidation' information to the client.
In other embodiments, calling an OCR control to perform OCR to recognize text information, retrieving and acquiring a public start date in the text information; and calculating the actual number of days of the project according to the announcement starting date and the current date.
In other embodiments, the preferred server determines the type of the public information data in the intellectual property transaction item; and if the public information data is website information, calling a network control to remotely access the public website and capturing webpage information to a server, calculating the actual public days of the project according to the public starting date and the current date, and if the server cannot be accessed, sending 'website invalid' information to the client. If the data format of the public information is a picture format, calling an OCR control to perform OCR to identify text information, retrieving and acquiring a public start date in the text information; and calculating the actual number of days of the project according to the announcement starting date and the current date. If the data format is a text format, retrieving the text information and/or the intellectual property trade item information, and acquiring a public starting date in the text information and/or the intellectual property trade item information; and calculating the actual number of days of the project according to the initial announcement date and the current date, and if the relevant announcement information is not inquired, feeding back the information inquiry failure result to the client.
Through automatic identification and acquisition of various public information, the problems that the public information needs manual review by background workers in the prior art, time and labor are wasted, and the review progress is slow are solved, and the review efficiency of the public information is greatly improved.
And S33, judging whether the intellectual property item public information is in compliance according to the difference value between the actual public days and the lowest public days.
Specifically, the server compares the actual number of days of announcement with a preset minimum number of days of announcement, and if the actual number of days of announcement is smaller than the preset value, a reminding result or an audit result is sent to the client.
In other embodiments, as shown in fig. 12, a method for intellectual property trading based on the intellectual property policy risk prevention of the above embodiments is disclosed. In some preferred embodiments, the method for intellectual property trading may further include the following steps in addition to the risk prevention of the intellectual property policy described in the above embodiments:
step S4, when the intellectual property transaction item information is approved, calling a pre-stored evaluation algorithm corresponding to the intellectual property type of the intellectual property transaction item, and generating the item score according to the evaluation algorithm and the transaction item evaluation information, where the transaction item evaluation information includes, but is not limited to, one or more of application date, number of times of reference, family patents, and inventors.
Specifically, an internal intellectual property database is inquired according to intellectual property registration numbers in the intellectual property transaction item information, and the following transaction item information including information of application dates, quoted times, patent families, inventor and the like is extracted; and calling a pre-stored evaluation algorithm corresponding to the type of the intellectual property right of the transaction item, scoring the intellectual property right of the item according to the application date, the quoted times, the same family patents, the inventor and other information to obtain a score, storing the score and a registration number of the corresponding intellectual property right, and feeding back the generated score to the client. The user in front of the client can intuitively acquire the value of the intellectual property item to be traded.
In other embodiments, the method for intellectual property trading may further include the following steps:
and step S5, querying a historical transaction database according to one or more of the intellectual property transaction item scores, classification numbers, keywords, transaction-planning prices, transaction-planning modes, intellectual property registration numbers, intellectual property titles and abstracts to form related transaction recommendation information, wherein the transaction recommendation information includes but is not limited to one or more of historical transaction data, assignment modes, government support item data, potential customer enterprise data and transaction-planning mode tax data.
Wherein the historical transaction data includes, but is not limited to, one or more of historical transaction prices, tax data under historical transaction modes, and/or historical transfer modes.
Specifically, historical transaction data of similar items to be transacted and potential users are inquired and recommended according to the intellectual property transaction item information. The recommendation information includes, but is not limited to, one or more of a historical transaction item data table, a historical transaction item evaluation data table, a historical transaction item transfer mode data table, a national/provincial key support item table, a financing data table, an enterprise information data table, and a tax rule table. Can include the following steps: acquiring intellectual property registration numbers, transaction prices, transaction manners, intellectual property registration numbers, intellectual property titles, abstracts and classification numbers in the transaction item information. And extracting key words according to the intellectual property title and the abstract. Extracting a score of a stored project according to the intellectual property registration number; and inquiring the tax rule table according to the transfer mode table information, and extracting the tax calculation rule.
Inquiring the project data of the historical transaction according to the obtained classification number, the keywords and the scoring value, and obtaining historical transaction data and an assignment mode table;
inquiring with a national/provincial key support project form according to the key words to obtain a government support project form;
inquiring an enterprise information data table according to the key words to obtain a potential client enterprise table;
and calculating based on tax calculation rules according to the transaction-intended price, the transaction-intended mode, the historical transaction data and the transfer mode table, and calculating the tax data of the transaction-intended mode and the tax data of the historical transaction transfer mode.
And finally, sending one or more data groups such as the acquired historical transaction data and transfer mode, government support project data, potential client enterprise data, tax data in a transaction-planning mode, tax data in the historical transaction transfer mode and the like to the client. The user can quickly know the information related to the intellectual property trading item according to the trading recommendation information received by the client, and the trading success rate is improved.
Specifically, in some embodiments, the system ranks the user-submitted project information based on its rating score, resulting in a score of 5 points (1-5 points) or 10 points (1-10 points) or percent (1-100 points); then, based on project information submitted by a user, according to IPC classification or keywords or industries, inquiring transaction data records in related fields in a historical database, then calculating the correlation according to a TF-IDF algorithm, and carrying out sequencing record to obtain a first sequencing record list; and inquiring in the obtained record list according to the score obtained by grading to obtain a second sorted record list which is newly sorted. Calling a tax rule database, and calculating tax collection amount required to be paid under different transfer modes, such as periodical tax payment, delayed tax payment and the like; and classifying according to the records in the second sorting record list according to transaction modes such as agreement pricing, listing transaction and auction and transfer modes such as price entering, permission and ownership transfer, and feeding back to form transaction recommendation information. The user can quickly know the information related to the intellectual property trading item according to the received trading recommendation information, and the trading success rate is improved.
The method steps of the embodiments are basically exemplified by the patented trading items, other intellectual property trading items such as trademarks, copyrights, scientific and technological achievement items and the like are similar to the patented trading items, and the steps can be increased or decreased appropriately according to the specific trading item types, which is within the protection scope of the invention. The intellectual property trading method described in each embodiment autonomously verifies information, audits policy risk and recommends trading mode and price through the server according to the intellectual property trading item information submitted by the trading party, so that the intellectual property trading risk of the trading party is greatly reduced, the interchangeability and the trading process compliance of the intellectual property trading item are ensured, the optimal trading mode is adopted, the trading efficiency is greatly improved, and the successful transfer and transformation of scientific and technological achievements are promoted.
According to the intellectual property policy risk prevention method and the intellectual property transaction method disclosed by the embodiments, the auditing rule corresponding to the intellectual property transaction item is autonomously matched and acquired, and the corresponding item information is extracted according to the auditing rule for autonomous auditing, so that the auditing efficiency and accuracy of the intellectual property transaction system are improved, and the problems that the auditing efficiency is low and the auditing result information cannot be fed back to the item trader in real time due to the conventional manual judgment and auditing identification are solved. Meanwhile, information verification, compliance audit and optimal transaction mode/price recommendation are autonomously performed according to the intellectual property transaction item information submitted by the transaction party, the intellectual property transaction risk of the transaction party is greatly reduced, the interchangeability of intellectual property transaction items, the compliance of transaction processes and the optimal transaction mode are ensured, the transaction efficiency is greatly improved, the successful transfer and conversion of scientific and technological achievements are promoted, the problems of intellectual property interchangeability judgment, compliance audit and optimal transaction mode recommendation in the current intellectual property transfer and conversion work are effectively solved, the transaction efficiency is greatly improved, the intellectual property transaction risk is reduced, and the development of the scientific and technological achievement transfer and conversion work is promoted.
For the embodiments of the intellectual property policy risk prevention method and the intellectual property transaction method described above, since they are basically similar to the corresponding system embodiments described above, the description is simple, and specific detailed operation and beneficial effects can be found by referring to the descriptions of the parts of the method embodiments.
The invention also discloses a device for preventing the risk of the intellectual property policy, which comprises a memory, a processor and a computer program which is stored in the memory and can run on the processor, wherein the processor executes the computer program to realize the steps in the method embodiment for preventing the risk of the intellectual property policy. Alternatively, the processor implements the functions of the modules in the intellectual property policy risk prevention system embodiments when executing the computer program.
The invention also discloses a computer readable storage medium, which stores a computer program, and the computer program is executed by a processor to realize the steps of the method embodiment for preventing the risk of the intellectual property policy.
The invention also discloses a device for intellectual property trading, which comprises a memory, a processor and a computer program stored in the memory and capable of running on the processor, wherein the processor executes the computer program to realize the steps of the method embodiments for intellectual property trading. Alternatively, the processor implements the functions of the modules in the system embodiments for intellectual property trading described above when executing the computer program. Also disclosed is a computer readable storage medium storing a computer program which, when executed by a processor, performs the steps in the various method embodiments for intellectual property trading described above.
Illustratively, the computer program may be partitioned into one or more modules/units that are stored in the memory and executed by the processor to implement the invention. The one or more modules/units may be a series of computer program instruction segments capable of performing certain functions, which are used to describe each execution process of the computer program in each of the apparatuses for intellectual property policy risk prevention.
Each device can be a desktop computer, a notebook, a palm computer, a cloud server and other computing equipment. The means for may include, but is not limited to, a processor, a memory. It will be understood by those skilled in the art that the schematic diagrams are merely examples and do not constitute a limitation on the above apparatus, and may include more or less components than those shown, or combine some components, or different components, for example, each apparatus for intellectual property policy risk prevention may further include an input output device, a network access device, a bus, etc.
The Processor may be a Central Processing Unit (CPU), other general purpose Processor, a Digital Signal Processor (DSP), an Application Specific Integrated Circuit (ASIC), an off-the-shelf Programmable Gate Array (FPGA) or other Programmable logic device, discrete Gate or transistor logic, discrete hardware components, etc. The general purpose processor may be a microprocessor or the processor may be any conventional processor or the like that is the control center for the above-described apparatus, with various interfaces and lines connecting the various parts of the overall apparatus.
The memory may be used for storing the computer programs and/or modules, and the processor may implement the various functions of the apparatus for intellectual property policy risk prevention by running or executing the computer programs and/or modules stored in the memory and calling data stored in the memory. The memory may mainly include a storage program area and a storage data area, wherein the storage program area may store an operating system, an application program required for at least one function (such as a sound playing function, an image playing function, etc.), and the like. In addition, the memory may include high speed random access memory, and may also include non-volatile memory, such as a hard disk, a memory, a plug-in hard disk, a Smart Media Card (SMC), a Secure Digital (SD) Card, a Flash memory Card (Flash Card), at least one magnetic disk storage device, a Flash memory device, or other volatile solid state storage device.
The means for intellectual property policy risk prevention and means for intellectual property transaction, if implemented in the form of software functional units and sold or used as a stand-alone product, may be stored in a computer readable storage medium. Based on such understanding, all or part of the flow of the method according to the embodiments of the present invention may also be implemented by a computer program, which may be stored in a computer-readable storage medium, and when the computer program is executed by a processor, the steps of the method embodiments may be implemented. Wherein the computer program comprises computer program code, which may be in the form of source code, object code, an executable file or some intermediate form, etc. The computer-readable medium may include: any entity or device capable of carrying the computer program code, recording medium, usb disk, removable hard disk, magnetic disk, optical disk, computer Memory, Read-Only Memory (ROM), Random Access Memory (RAM), electrical carrier wave signals, telecommunications signals, software distribution medium, and the like.
The embodiments in the present specification are described in a progressive manner, and the same and similar parts among the embodiments are referred to each other, and each embodiment focuses on the differences from the other embodiments. The previous description of the disclosed embodiments is provided to enable any person skilled in the art to make or use the present invention. Various modifications to these embodiments will be readily apparent to those skilled in the art, and the generic principles defined herein may be applied to other embodiments without departing from the spirit or scope of the invention. Thus, the present invention is not intended to be limited to the embodiments shown herein but is to be accorded the widest scope consistent with the principles and novel features disclosed herein.
Claims (36)
1. An intellectual property transaction system, characterized by: the intellectual property trading system comprises an intellectual property policy risk prevention system, an evaluation module and a recommendation module; wherein, intellectual property policy risk prevention system includes:
the input module is used for acquiring the intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format; acquiring a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, generating the transaction item verification website according to the intellectual property registration number data of the preset verification website template, and calling a network control to remotely access the intellectual property information contained in the verification website grabbing and analyzing webpage code; verifying and/or supplementing the intellectual property trade item information according to the intellectual property storage information;
the rule module comprises a policy rule database and a verification module, wherein the policy rule database is used for inquiring the policy rule database according to rule reference data in the intellectual property transaction item information to obtain correspondingly matched auditing rules, and the rule reference data comprises one or more of but not limited to right information, address information, transaction place information, transaction modes, transfer modes, public information, transaction prices and transaction price determining modes;
the auditing module is used for selecting part or all data in the intellectual property trade item information according to the auditing rule to audit and feeding back an auditing result; the auditing module also comprises an announcement information extracting module which is used for judging the type of the acquired announcement information data in the intellectual property transaction item, and calling a network control to remotely access the website and capture the announcement starting date in the webpage information when the announcement information data is the website information; when the data format of the public information is a picture format, calling an OCR control to identify text information, retrieving and acquiring a public start date in the text information; when the data format is a text format, retrieving the text information and acquiring a public starting date in the text information; calculating the actual number of days of the project according to the initial announcement date and the current date; judging whether the intellectual property item public information is in compliance according to the difference value between the actual public days and the lowest public days, wherein the lowest public days are the maximum value in the public days requirements corresponding to the right information, the address information, the transaction mode and/or the transaction place information recorded in a policy rule database;
the policy rules database comprises but is not limited to one or more of state, each ministry, each province, intellectual property holding unit, and policy rules of intellectual property trade related to trade place, wherein the policy rules comprise but are not limited to one or more of laws, regulations and rules of intellectual property trade, and trade rules;
the evaluation module is used for calling a pre-stored evaluation algorithm corresponding to the intellectual property type of the intellectual property transaction item when the intellectual property transaction item information passes the examination, and generating the item score according to the evaluation algorithm and the transaction item evaluation information, wherein the transaction item evaluation information comprises but is not limited to one or more of application date, quoted times, family patents and inventors; if the evaluation algorithm cannot score the patent item, inquiring to acquire a cited patent or a cited patent of the patent item, and evaluating the cited patent or the cited patent to replace the evaluation of the patent item;
the recommendation module comprises a historical transaction database and a recommendation module, wherein the historical transaction database is used for inquiring the historical transaction database according to one or more of scores, classification numbers, keywords, transaction-planned prices, transaction-planned modes, intellectual property registration numbers, intellectual property titles and/or abstracts of the intellectual property transaction items to form related transaction recommendation information, and the transaction recommendation information comprises but is not limited to one or more of historical transaction data, transfer modes, government support item data, potential customer enterprise data and transaction-planned tax data; specifically, the system ranks and scores project information submitted by users based on the project information; then, based on project information submitted by a user, according to IPC classification or keywords or industries, inquiring transaction data records in related fields in a historical database, then calculating the correlation according to a TF-IDF algorithm, and carrying out sequencing record to obtain a first sequencing record list; inquiring the obtained record list according to the value obtained by grading to obtain a second sorted record list which is newly sorted, calling a tax rule database, and calculating tax collection amount needing to be paid under different transfer modes; and classifying according to the records in the second sequencing record list and the transaction mode respectively, and feeding back to form transaction recommendation information.
2. The intellectual property transaction system of claim 1 wherein: the auditing rule is determined according to a policy rule which is stored in a policy rule database and corresponds to the right information, the address information and/or the transaction place information in the intellectual property transaction item information.
3. An intellectual property transaction system according to claim 1 or 2, characterized in that: the rule reference data comprises a transaction mode, the rule module acquires a corresponding auditing rule according to the transaction mode of the intellectual property transaction item, and the auditing module audits one or more of the number of days of disclosure, transaction price, transfer mode and transaction price determining mode in the intellectual property transaction item information according to the corresponding auditing rule.
4. The intellectual property transaction system of claim 1 wherein: the audit rules comprise a minimum transaction price, and the minimum transaction price is determined according to the attribute information, the address information, the transaction mode, the assignment mode and/or the transaction place information stored in a policy rule database;
the auditing module is used for auditing the transaction price in the intellectual property transaction item information, if the transaction price is less than the lowest transaction price, the auditing is not passed, otherwise, the transaction price auditing is passed.
5. The intellectual property transaction system of claim 1 wherein: the auditing rule comprises the lowest publicity days which are determined according to the publicity days requirement stored in the policy rule database and corresponding to the right information, the address information, the transaction mode and/or the transaction place information.
6. The intellectual property transaction system of claim 5 wherein the minimum number of days of exposure is the maximum of the number of days of exposure requirements corresponding to the rights information, address information, transaction method and/or transaction location information recorded in the policy rules database.
7. The intellectual property transaction system of claim 5 or 6 wherein the auditing module specifically includes:
the public information extraction module is used for extracting public information in the intellectual property trade item information;
the public showing days calculating module is used for calculating the actual public showing days of the transaction items according to the public showing information;
and the disclosure auditing module is used for judging whether the intellectual property item disclosure information is in compliance according to the difference value between the actual disclosure days and the lowest disclosure days.
8. The intellectual property transaction system of claim 7 wherein the exposure information includes the transaction item exposure website, and the exposure days calculation module is specifically configured to:
calling a network control to remotely access the project public website, and capturing and analyzing a public start date in a public webpage; and calculating the actual number of days of the project according to the announcement starting date and the current date.
9. The intellectual property transaction system of claim 8 wherein the audit module is further configured to:
the method comprises the steps of grabbing and analyzing the public item information in a public webpage, wherein the public item information comprises but is not limited to one or more of transaction item names, right information, transfer/transferee, transaction modes, transaction prices, transaction price determining modes and public term; and comparing and checking the public item information and the acquired intellectual property trade item information, and if the public item information and the acquired intellectual property trade item information are different, feeding back that the audit is not passed.
10. The intellectual property transaction system of claim 7 wherein the exposure information includes picture format data, the exposure days calculation module being specifically configured to:
calling an OCR control to perform OCR to identify text information, retrieving and acquiring a public starting date in the text information; and calculating the actual number of days of the project according to the announcement starting date and the current date.
11. The intellectual property transaction system of claim 10 wherein the audit module is further configured to:
retrieving and acquiring public item information in the text information, wherein the public item information comprises but is not limited to one or more of intellectual property item names, right information, transferors/transferees, transaction modes, transaction price determining modes, transaction prices and public term; and comparing and checking the public item information and the acquired corresponding intellectual property trade item information, and if the public item information and the acquired corresponding intellectual property trade item information are different, feeding back that the audit is not passed.
12. The intellectual property transaction system of claim 1 wherein the input module comprises:
the data receiving module is used for acquiring the intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format;
the website generation module is used for extracting the intellectual property type and/or the intellectual property registration number data in the intellectual property transaction item information, acquiring a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, and generating the transaction item verification website according to the intellectual property registration number data of the preset verification website template;
the data capturing module is used for calling a network control to remotely access the verification website and capturing and analyzing intellectual property information contained in the webpage code;
and the second data checking module is used for checking and/or supplementing the intellectual property trade item information according to the intellectual property information.
13. The intellectual property transaction system of claim 1 wherein: the intellectual property transaction item is a patent item, and the intellectual property item information includes, but is not limited to, one or more of a patent name, a patent application number, a patent type, an authorization date, an application date, a patentee/applicant, a patent classification number, and a legal status.
14. The intellectual property trading system of claim 13, wherein the preset check website template is a patent payment inquiry website template, and the input module further comprises:
the patent website generating module is used for generating the patent project payment website according to an intellectual property registration number and a preset patent payment inquiry website template, wherein the intellectual property registration number is a patent application number or a patent publication number;
the patent information capturing module is used for remotely accessing the patent project payment website through the network control, and capturing and analyzing part of website codes containing payment date information;
and the payment date reminding module is used for sequencing the payment date information based on time, acquiring the number of days from the latest date to the current time, and comparing the number of days with a preset value to judge whether to send reminding information.
15. The intellectual property transaction system of claim 1 wherein the intellectual property is patent rights, trademark rights, or copyright rights.
16. The intellectual property transaction system of claim 1 wherein: the historical transaction data includes, but is not limited to, one or more of historical transaction prices, tax data under historical transaction modes, and/or historical transfer modes.
17. An intellectual property transaction method, comprising:
s1, acquiring intellectual property trade item information and storing the information according to a preset data table format; extracting intellectual property type and/or intellectual property registration number data in the intellectual property transaction item information, acquiring a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, and generating a transaction item verification website according to the intellectual property registration number data of the preset verification website template; calling a network control to remotely access the verification website, and capturing and analyzing intellectual property information contained in the webpage code; verifying and/or supplementing the intellectual property trade item information according to the intellectual property information;
s2, querying an internal policy rule database according to rule reference data in the intellectual property transaction item information to obtain corresponding matching audit rules, wherein the rule reference data includes but is not limited to one or more of right information, address information, transaction location information, transaction manner, public information, transaction price, and transaction price determination manner;
s3, selecting part or all data in the intellectual property trade item information according to the auditing rule to audit and feeding back an auditing result; judging the type of public information data in the acquired intellectual property transaction item, calling a network control to remotely access the website and capturing a public start date in webpage information when the public information data is website information; when the data format of the public information is a picture format, calling an OCR control to identify text information, retrieving and acquiring a public start date in the text information; when the data format is a text format, retrieving the text information and acquiring a public starting date in the text information; calculating the actual number of days of the project according to the initial announcement date and the current date; judging whether the intellectual property item public information is in compliance according to the difference value between the actual public days and the lowest public days, wherein the lowest public days are the maximum value in the public days requirements corresponding to the right information, the address information, the transaction mode and/or the transaction place information recorded in a policy rule database;
wherein the policy rules database includes but is not limited to one or more of state, each ministry, each province, intellectual property holding unit, and policy rules of intellectual property trade related to trade place, the policy rules include but are not limited to one or more of laws, regulations and trade rules of intellectual property trade; when the intellectual property transaction item information is approved, calling a pre-stored evaluation algorithm corresponding to the intellectual property type of the intellectual property transaction item, and generating an item score according to the evaluation algorithm and the transaction item evaluation information, wherein the transaction item evaluation information comprises but is not limited to one or more of application date, quoted times, family patents and inventors; if the evaluation algorithm cannot score the patent item, inquiring to acquire a cited patent or a cited patent of the patent item, and evaluating the cited patent or the cited patent to replace the evaluation of the patent item; and querying a historical transaction database according to one or more data of the intellectual property transaction item score, the classification number, the keyword, the transaction price, the transaction mode, the intellectual property registration number, the intellectual property title and/or the abstract to form relevant transaction recommendation information, wherein the transaction recommendation information comprises but is not limited to one or more of historical transaction data, assignment mode, government support item data, potential customer enterprise data and transaction mode tax data; specifically, the system ranks and scores project information submitted by users based on the project information; then, based on project information submitted by a user, according to IPC classification or keywords or industries, inquiring transaction data records in related fields in a historical database, then calculating the correlation according to a TF-IDF algorithm, and carrying out sequencing record to obtain a first sequencing record list; inquiring the obtained record list according to the value obtained by grading to obtain a second sorted record list which is newly sorted, calling a tax rule database, and calculating tax collection amount needing to be paid under different transfer modes; and classifying according to the records in the second sequencing record list and the transaction mode respectively, and feeding back to form transaction recommendation information.
18. The intellectual property transaction method according to claim 17, wherein the audit rules are determined according to policy rules stored in a policy rules database corresponding to right information, address information, and/or transaction location information in the intellectual property transaction item information.
19. An intellectual property transaction method as claimed in claim 17 or 18 wherein the rule reference data includes a transaction mode;
the step S2 includes obtaining a corresponding audit rule according to the transaction mode of the intellectual property transaction item;
the step S3 includes auditing one or more of the number of days of disclosure, transaction price, transfer mode, and transaction price determination mode in the intellectual property transaction item information according to the corresponding auditing rule.
20. The intellectual property transaction method of claim 17,
the audit rules comprise a minimum transaction price, and the minimum transaction price is determined according to the attribute information, the address information, the transaction mode, the assignment mode and/or the transaction place information stored in a policy rule database;
the step S3 includes checking the transaction price in the intellectual property transaction item information, and if the transaction price is less than the lowest transaction price, the checking is not passed, otherwise, the transaction price is passed.
21. The intellectual property transaction method according to claim 17, wherein the audit rules include a set number of days of disclosure, the set number of days of disclosure being determined according to the respective days of disclosure requirements corresponding to the rights information, address information, transaction method and/or transaction location information stored in a policy rules database.
22. The intellectual property transaction method as claimed in claim 21, wherein the minimum number of days of disclosure is the maximum value among the number of days of disclosure required according to the right information, address information, transaction method and/or transaction location information recorded in the policy rule database.
23. The intellectual property transaction method according to claim 22, wherein the step S3 specifically comprises:
s31, extracting the public information in the intellectual property trade item information;
s32, calculating the actual showing days of the transaction item according to the showing information;
and S33, judging whether the intellectual property item public information is in compliance according to the difference value between the actual public days and the lowest public days.
24. The intellectual property transaction method as claimed in claim 23, wherein the public information includes the transaction item public website, the step S32 includes:
calling a network control to remotely access the transaction item public website, and capturing and analyzing a public start date in the public webpage information;
and calculating the actual publicity days of the transaction item according to the publicity starting date and the current date.
25. The intellectual property transaction method as claimed in claim 24, wherein the step S3 further comprises:
capturing and analyzing the public item information in the public webpage, wherein the public item information comprises but is not limited to one or more of intellectual property item names, right information, transferors/transferees, transaction modes, transfer modes, transaction prices, transaction price determining modes and public term;
and comparing and checking the public item information and the acquired intellectual property trade item information, and if the public item information and the acquired intellectual property trade item information are different, feeding back that the audit is not passed.
26. The intellectual property transaction method as claimed in claim 25, wherein the public information includes picture format data, and the step S32 includes:
calling an OCR control to perform OCR to identify text information, retrieving and acquiring a public starting date in the text information;
and calculating the actual number of days of the project according to the announcement starting date and the current date.
27. The intellectual property transaction method as claimed in claim 26, wherein the step S3 further comprises:
retrieving and acquiring public item information in the text information, wherein the public item information comprises but is not limited to one or more of intellectual property item names, right information, transferors/transferees, transaction modes, transaction prices and public term;
and comparing and checking the public item information and the acquired corresponding intellectual property trade item information, and if the public item information and the acquired corresponding intellectual property trade item information are different, feeding back that the audit is not passed.
28. The intellectual property transaction method as claimed in claim 17, wherein the step S1 comprises:
acquiring intellectual property trade item information and storing the intellectual property trade item information according to a preset data table format;
extracting intellectual property type and/or intellectual property registration number data in the intellectual property transaction item information, acquiring a corresponding preset verification website template according to the intellectual property type or the intellectual property registration number, and generating a transaction item verification website according to the intellectual property registration number data of the preset verification website template;
calling a network control to remotely access the verification website, and capturing and analyzing intellectual property information contained in the webpage code;
and verifying and/or supplementing the intellectual property trade item information according to the intellectual property information.
29. The intellectual property transaction method of claim 28 wherein:
the intellectual property transaction item is a patent item, and the intellectual property item information includes, but is not limited to, one or more of a patent name, a patent application number, a patent type, an authorization date, an application date, a patentee/applicant, a patent classification number, and a legal status.
30. The intellectual property transaction method of claim 29 wherein the predetermined check website template is a patent payment inquiry website template, and the step S1 further comprises:
generating the patent project payment website according to an intellectual property registration number and a preset patent payment inquiry website template, wherein the intellectual property registration number is a patent application number or a patent publication number;
remotely accessing the patent project payment inquiry website through a network control, and capturing and analyzing part of website codes containing payment due date information;
and sorting the due payment date information based on time, obtaining the number of days from the latest date to the current time, and comparing the number of days with a preset value to judge whether to send reminding information.
31. The method of claim 17, wherein the intellectual property is patent rights, trademark rights, or copyright rights.
32. The intellectual property trading method of claim 17, wherein the trading method further comprises the steps of:
and S4, when the intellectual property transaction item information is approved, calling a pre-stored evaluation algorithm corresponding to the intellectual property type of the intellectual property transaction item, and generating the item score according to the evaluation algorithm and the transaction item evaluation information, wherein the transaction item evaluation information includes but is not limited to one or more of application date, quoted times, family patents and inventors.
33. The intellectual property transaction method of claim 32 further comprising:
and S5, querying a historical transaction database according to one or more data of the intellectual property transaction item scores, classification numbers, keywords, transaction-planning prices, transaction-planning modes, intellectual property registration numbers, intellectual property titles and abstracts to form related transaction recommendation information, wherein the transaction recommendation information comprises but is not limited to one or more of historical transaction data, assignment modes, government support item data, potential customer enterprise data and transaction-planning mode tax data.
34. The intellectual property transaction method of claim 33 wherein: the historical transaction data includes, but is not limited to, one or more of historical transaction prices, tax data under historical transaction modes, and/or historical transfer modes.
35. An apparatus for intellectual property trading comprising a memory, a processor and a computer program stored in the memory and executable on the processor, wherein the processor when executing the computer program implements the steps of the method of any one of claims 17 to 34.
36. A computer-readable storage medium, in which a computer program is stored, which, when being executed by a processor, carries out the steps of the method for intellectual property trading according to any one of claims 17 to 34.
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CN109446837B (en) * | 2018-10-12 | 2022-04-26 | 深圳前海微众银行股份有限公司 | Text auditing method and device based on sensitive information and readable storage medium |
CN109359946B (en) * | 2018-10-23 | 2021-02-26 | 上海新致软件股份有限公司 | Project auditing method and system |
CN109508964B (en) * | 2018-12-14 | 2024-02-06 | 平安国际融资租赁有限公司 | Project establishing method, device, computer equipment and storage medium |
CN109815394A (en) * | 2018-12-26 | 2019-05-28 | 北京博鳌纵横网络科技有限公司 | A kind of intellectual property mandatory system |
CN110458526A (en) * | 2019-08-05 | 2019-11-15 | 北京如优教育科技有限公司 | Intellectual property data analyzes matching system and method |
CN112102046A (en) * | 2020-11-23 | 2020-12-18 | 北京梦知网科技有限公司 | Data processing method of trademark trading platform, server and user terminal |
CN113763160A (en) * | 2021-01-20 | 2021-12-07 | 国家计算机网络与信息安全管理中心 | Illegal transaction mode identification, judgment and tracking method for transaction places |
CN112989195B (en) * | 2021-03-20 | 2023-09-05 | 重庆图强工程技术咨询有限公司 | Whole-process consultation method and device based on big data, electronic equipment and storage medium |
CN114385870A (en) * | 2021-12-24 | 2022-04-22 | 北京中知智慧科技有限公司 | Intellectual property right infringement detection method and device |
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