JP2002366797A - Method for bidding for licensing of patent right or the like - Google Patents

Abstract

PROBLEM TO BE SOLVED: To provide a contract method for maximizing the possibility of proper licensing of patent, etc., by introducing a market mechanism (competition principle) when concluding the license contract of intellectual property right such as patent right so as to properly select a licensee with implementing capacity and so as to make the contracted licensee take proper responsibility. SOLUTION: A prospective licensing amount Pk (k=1,..., N) during a prescribed period T after contract and a contract temporary money (initial payment) Xk (k=1,..., N) and/or a licensing rate (running royalty) Yk (k=1,..., N) are presented from each applicant. It is desirable to fix the lowest limit price to the contract temporary money and/or the licensing rate in advance. A period income Rk=Xk+Pk*Yk (k=1,..., N) is calculated by the formula by each applicant based on the presented values to impart a licensing contract right to an applicant presenting its maximum value Rmas=max (Rk; k=1,..., N).

Description

DETAILED DESCRIPTION OF THE INVENTION

[0001]

The present invention relates to patents, trademarks,
The present invention relates to a bidding method in which a person who owns intellectual property rights such as know-how makes a bid to a plurality of persons who wish to conclude a license agreement.

[0002]

2. Description of the Related Art Hitherto, in licensing contracts for these intellectual property rights, the licensor and the licensee have generally negotiated individually and concluded a contract. In many cases, the licensee is often determined by the personal connection of the inventor or right holder (licensor).

[0003] There is no clear rule on how to determine the royalties, and it is customary to determine the royalties in consideration of the past royalties of the relevant industry or the neighboring industry (see “Implementation of the Invention Institute of the Invention Association,” Rates [fourth edition] ”is often referred to.)

[0004] In the case of a state-owned patent, the "State-owned Patent License Agreement" (determined by the Government-owned Patent Management Council, February 27, 1950, Special Patent No. 58, revised on February 9, 1972, Special Patent No. 58) No. 88,
Notification of the Commissioner of the Patent Office. This includes a sample implementation agreement,
However, the fee is set low from the viewpoint of promoting the spread of state-owned patents.

[0005]

In recent years, various measures have been implemented to promote the utilization and distribution of patent rights and the like, and license contracts for patent rights and the like have been gradually increasing. There are no hard rules for selecting licensees and determining royalties. This hindered the promotion of license negotiations, and there was an unfortunate situation in which, despite the existence of useful patents and the like, license negotiations were not implemented due to the difficulty of license negotiations.

It is generally understood that whether a patent right or the like is used effectively depends largely on the competence of a person (licensee) who implements it. However, the conventional method does not sufficiently consider such competence in the method of selecting the licensee.
Also, the enforcement pressure on the licensees was not sufficient.

The present invention has been made to solve such a problem, and an object of the present invention is to use a market principle (competition principle) when concluding a license agreement for intellectual property rights such as patent rights. Introduce and appropriately select licensees who have the ability to implement, and give the contracted licensees appropriate responsibilities to maximize the possibility that patents will be properly enforced as much as possible. To provide a contract method.

[0008]

SUMMARY OF THE INVENTION In order to solve the above-mentioned problems, a method according to the present invention comprises a plurality of persons who desire a license agreement for intellectual property rights (the number of such applicants is assumed to be N). )
And a method for selecting a licensee from the following, characterized by including the following steps. a) From each applicant, the expected execution amount P1, during the predetermined period T after the contract
Step of receiving data of P2, ..., PN. It should be noted that the actual amount may be used instead of the actual amount. b) From each applicant, contract lump sum (down payment) Xk (k = 1, ..., N)
And / or royalty rate (running royalties) Yk (k
= 1, ..., N). c) a step of calculating period income Rk (k = 1,..., N) for each applicant by the following equation based on the data. Rk = Xk + Pk * Yk (k = 1, ..., N) d) The license agreement is granted to the applicant who has presented the maximum value of Rk, Rmax = max (Rk; k = 1, ..., N). The step of granting.

[0009]

DESCRIPTION OF THE PREFERRED EMBODIMENTS The contents of patent rights and the like are disclosed in advance, and applicants are invited. The scope of this disclosure may be limited. In particular, for applications that have been filed, consideration should be given to this point, and measures such as limiting disclosure to the outline only or limiting members to those who have concluded a confidentiality agreement in advance will be taken.

[0010] If the disclosure target wants an execution contract for the patent right or the like, a predetermined period T
(For example, 3 years) Estimated execution amount P, amount of contract lump sum X and
Notify that the fee rate Y should be submitted by the specified deadline.

It is desirable to set a minimum amount for the contract lump sum and / or the royalty rate.

After the predetermined time limit has expired, the calculation is performed by the method c) based on the data presented by a plurality of applicants, and the person to be granted the execution contract right is determined by the method d). A person who has been granted a license agreement can enter into negotiations to conclude a license agreement for that patent. If the applicant who has presented Rmax does not conclude a license agreement, the applicant who has presented the next largest value of Rk is granted the license agreement.

[0013] As an option of the above-mentioned bidding, 1
If the periodical income Rmax calculated based on the data presented by the applicant is greater than the sum of the periodical incomes of all other applicants, that is, Rmax> ΣRk-Rmax (where ΣRk is R1 ,. .., RN) or if the periodical income Rmax calculated based on the presentation data of one applicant exceeds N times the average of the periodical incomes of all other applicants, Rmax> N / (N−1) * (ΣRk−Rmax)) may be set to provide an advantageous option contract separately. For example, in the case of a license of a patent right, it is a dedicated license with unlimited scope. Alternatively, in the case of the following research contract rights, the rights are made exclusive, and it is guaranteed that joint research with the inventor will be performed exclusively on the subject. By notifying the applicant in advance that such an option contract is possible, an increase in the bidding price can be expected.

[0014] Alternatively, if such a high bid is made from the beginning, the person is immediately granted an exclusive license, otherwise, all applicants are granted a non-exclusive license. May be determined.

Further, data Dk indicating whether or not an exclusive license is desired (if Dk = 1, exclusive license is requested; if Dk = 0, exclusive license is requested. However, a non-exclusive license may be requested at the time of bidding. In this case, if the applicant who presented Rmax that satisfies the above inequality condition presented Dk = 1, give that person an exclusive license, otherwise give everyone a non-exclusive license. (FIG. 1).

In the above description, a license, such as a patent right, has been described. However, this may be a research contract with the inventor instead of the license. In the case of an invention made at a university or the like, it is often necessary to conduct further research for practical use before the invention is implemented. The research contract right is a right to guarantee that the right holder can perform joint research with an inventor such as a faculty member of a university under predetermined conditions.

It should be noted that the above method is suitable for online processing and automatic processing using a computer. That is, the disclosure of the contents of patent rights and the like can be performed online (for example, the Internet or a closed net that can be subscribed only with a password therein), and the above-mentioned bid conditions can be presented by online data transmission. it can. The above calculation after the bidding period is naturally performed automatically on the licensor's computer, and selection of the contractee based on the result is also performed automatically. In the meantime, there is no room for arbitrariness, and a bid is executed that can obtain an optimal solution that is fair and in accordance with market principles.

After the licensing agreement of the patent right is concluded by the above method, whether or not the contract conditions are properly executed is periodically audited. License fee (running royalty)
If set, the amount presented will be the amount presented at the time of bidding.
The charge may be collected based on Pk, or a report of the actual execution amount P may be obtained at each predetermined calculation period, and the execution fee P * Yk may be collected based on the report. However, the actual execution amount P is the presentation amount P at the time of bidding.
If the value is less than k, a method of obtaining the presentation amount Pk as a minimum guarantee may be adopted.

The execution contract determined by the above method may be a contract until the patent expires or may be a contract for a limited period of a predetermined period (for example, three years or five years).

[0020]

According to the bidding method of the present invention, a person who owns an intellectual property right such as a patent right can obtain the maximum royalty income from the right. In addition, a successful bid over a tough competition will put pressure on the practitioner to implement the invention and increase profits, thereby increasing the possibility that the patented invention will be effectively implemented. In addition, since successful bidders who survive such severe bids are generally estimated to have large business execution and management abilities, effective implementation of patented inventions and securing the interests of patent holders are also considered in this respect. Increases the probability of

[Brief description of the drawings]

FIG. 1 is a flowchart of one embodiment of the present invention.

Claims (4)

[Claims] 1. A method for selecting a licensee from a plurality of persons who desire a license agreement for intellectual property rights (the number of such applicants is assumed to be N). A bidding method characterized by including. a) a step of receiving, from each of the applicants, data of the estimated execution amount Pk (k = 1,..., N) for a predetermined period T after contracting online via a network. b) From each applicant, online lump sum Xk (k = 1, ..., N) and / or royalty rate Yk (k =
1, ..., N). c) calculating a period income Rk (k = 1,..., N) for each applicant by the following formula based on the data, in a computer connected to the network. Rk = Xk + Pk * Yk (k = 1, ..., N) d) The license agreement is granted to the applicant who has presented the maximum value of Rk, Rmax = max (Rk; k = 1, ..., N). The step of granting. 2. A method for selecting a licensee from a plurality of persons who desire a license agreement for intellectual property rights (the number of such applicants is assumed to be N). A bidding method characterized by including. a) From each applicant, the estimated amount of execution Pk during the predetermined period T after the contract
(K = 1, ..., N) receiving data. b) receiving data of the lump sum contract contract Xk (k = 1, ..., N) and / or the royalty rate Yk (k = 1, ..., N) from each applicant. c) a step of calculating period income Rk (k = 1,..., N) for each applicant by the following equation based on the data. Rk = Xk + Pk * Yk (k = 1, ..., N) d) The license agreement is granted to the applicant who has presented the maximum value of Rk, Rmax = max (Rk; k = 1, ..., N). The step of granting. 3. A method for selecting a licensee from a plurality of persons who desire a license agreement for intellectual property rights (the number of such applicants is assumed to be N). A bidding method characterized by including. a) a step of receiving, from each of the applicants, data of the estimated execution amount Pk (k = 1,..., N) for a predetermined period T after contracting online via a network. b) From each applicant, online lump sum Xk (k = 1, ..., N) and / or royalty rate Yk (k =
1, ..., N). c) Data Dk (k = 1, ..., N) indicating whether or not each applicant wants an exclusive contract online via the network
Receiving. d) In a computer connected to the network, a step of calculating period income Rk (k = 1,..., N) by the following equation for each applicant based on the data of Pk, Xk and Yk. Rk = Xk + Pk * Yk (k = 1, ..., N) e) The maximum value of Rk Rmax = max (Rk; k = 1, ..., N) is calculated by the formula Rmax> (N / (N− 1)} * (ΣRk−Rmax) (where ΣRk is R
1, ..., RN), and the person who presented the data corresponding to Rmax presented the data indicating that he / she wants an exclusive contract, Granting, otherwise granting a non-exclusive license to all applicants. 4. A method for selecting a licensee from a plurality of persons who desire a license agreement for intellectual property rights (the number of such applicants is assumed to be N). A bidding method characterized by including. a) From each applicant, the estimated amount of execution Pk during the predetermined period T after the contract
(K = 1, ..., N) receiving data. b) receiving data of the lump sum contract contract Xk (k = 1, ..., N) and / or the royalty rate Yk (k = 1, ..., N) from each applicant. c) a step of receiving data Dk (k = 1,..., N) indicating whether or not an exclusive contract is desired from each applicant. d) a step of calculating period income Rk (k = 1,..., N) for each applicant by the following formula based on the data of Pk, Xk and Yk. Rk = Xk + Pk * Yk (k = 1, ..., N) e) The maximum value of Rk Rmax = max (Rk; k = 1, ..., N) is obtained by the formula Rmax> (N / (N− 1)} * (ΣRk−Rmax) (where ΣRk is R
1, ..., RN), and if the person presenting the data corresponding to Rmax has presented data indicating that an exclusive contract is desired, an exclusive license is granted to the person. Grant, otherwise grant non-exclusive licenses to all applicants.