JP2015146219A - Industrial property rights utilization system - Google Patents

Abstract

PROBLEM TO BE SOLVED: To make applied industrial property rights before granted interactively tradable.SOLUTION: An industrial property rights utilization system 1 is includes: an intellectual property registration server 2 that is owned by a person other than a Patent Office; and a proprietary terminal 3 and usage applicant terminal 4 that are respectively connected to the intellectual property registration server 2 through a public communication line. The intellectual property registration server 2 is configured to manage intellectual property information about industrial property rights applied to the Patent Office by applicants, and the usage applicant terminal 4 is a terminal that is used by a usage applicant of the applied industrial property right and is configured to apply assign of the industrial property right or license grant thereof. The proprietary terminal 3 is a terminal that is used by an applicant and is configured to assign the applied industrial property right or perform the license grant. An evaluator terminal 5 is configured to render to the applied industrial property right a value evaluation, and further the proprietary terminal 3 is configured to provide three-dimensional shape information instructing a command to forming means 6 to the usage applicant terminal 4.

Description

  The present invention relates to an industrial property right utilization system that can interactively trade industrial property rights filed with the Patent Office.

In recent years, with the progress of globalization of industry, the importance of intellectual property rights represented by patent rights, trademark rights, and copyrights (hereinafter also simply referred to as “intellectual property”) is increasing.
In particular, in recent years, the discussions on intellectual property for the agreement of the Trans-Pacific Strategic Economic Partnership Agreement (TPP) has also been a good time, and for Japan as an intellectual property country, the future world It is no exaggeration to say that it greatly affects the market position.

Looking at statistics on the number of patent applications filed with the Japan Patent Office, the number of patent applications remained around 400,000 a year before 2008 when the so-called Lehman shock occurred, but after 2009, the year after the Lehman shock The number of cases has dropped significantly to around 340,000, and has remained flat since then.
In this way, the current situation of domestic patent applications in Japan is severe.

  On the other hand, as for statistics on usage fees for intellectual property rights (2014 edition of the Trade White Paper: issued by the Ministry of Economy, Trade and Industry) With a surplus of over 1.3 trillion yen, it has now reached the largest surplus in Japan's service balance.

Various Internet sites that handle a wide range of information relating to the above-mentioned intellectual property rights (hereinafter referred to as “IP information”) can also be found (see, for example, Patent Documents 1 and 2 and Non-Patent Document 1).
According to the intellectual property information disclosure system disclosed in Non-Patent Document 1, based on application publications published by the JPO, various evaluation indicators such as promising markets and rankings that are expected to grow in the future. IP information with its own analysis can be viewed.

JP 2014-089745 A JP 2014-209388 A

AST Muses Co., Ltd., “Technical Information”, [online], AST Muses Co., Ltd., [Search March 28, 2015], Internet <URL: http://astamuse.com/ja/patent>

By the way, about half of the patent applications filed with the Japan Patent Office are in a situation where the eyes of the day have not been seen (no patent) due to the decision of rejection.
However, even if it is a technology that has not yet been patented (a patented invention that has not yet been granted or an invention that has been rejected), such as a technology that has high technical value, I would like you to transfer the technology from the perspective of other companies. It is assumed that many things are included.
In other words, it is considered that there is “potentially a certain number of needs” for technologies that have not yet been patented (application inventions that have not yet been granted / applications that have been rejected).

If the distribution of technology that did not result in the acquisition of such a patent (transfer of technology, licensing) could be promoted, a new market comparable to the distribution market of the technology for which the patent was approved (patented invention) was newly established. There is a possibility of forming.
And if the distribution market of the invention of the application (the application pending at the JPO and not yet established, application for refusal) is expanded, there will of course be a place where patent attorneys can play an active role. It is expected that the base of Japanese technology, which has a strong commitment to manufacturing, will expand further, leading to a further improvement in the overall technology level.

In Japan (Japan), among the above intellectual property rights, industrial property rights (patent rights, utility model rights, design rights, trademark rights) are governed by the Patent Office.
In addition, the Japan Patent Office has a provisional provisional license system / provisional regular license system (hereinafter referred to as “ "Temporary license system") has been established.
In this way, the legal aspects of the provisional license system have already been established in Japan, and there is a foundation for granting a provisional license for the protection subject to the application prior to the establishment of rights that have not received registration.

However, when actually making a provisional license agreement, intellectual property information that has been filed but has not yet been registered is subject to the contract. It can happen.
Despite the fact that there is a pre-existing temporary license system, the system for using this system is currently in the development stage, and it is possible to further mobilize unregistered industrial property rights that have not yet been registered. It is considered that a scheme (structure) that encourages is not well established.

Taking an example of an industrial property right that is subject to protection under the Patent Law, knowing that a certain invention has been filed for a patent is usually based on an application publication made by the Patent Office.
In exceptional cases where early application publication is requested, the fact of the application as well as the understanding of the rights and technical contents of the application will be accelerated, but there are rare cases where early application publication is made. If you do not wait for the application publication date (one year and six months after the date of patent application), even if you use the JPO database, you cannot know the fact that the application was filed.

On the other hand, for small and medium-sized enterprises and individual inventors, it is considered more convenient in order to develop sales channels if the content of rights and technology related to their application are spread (information distribution).
This is because the spread of intellectual property information increases the opportunity for third parties to see, increasing the possibility of attracting interest in a patented invention or receiving a license agreement or a request to assign a patent right.

However, simply diffusing information via the Internet, etc. is a person who shows interest in the industrial property rights that have been filed (being a potential applicant for this right and a future assignee or licensee of the temporary license. It is difficult to efficiently approach the (acquirer).
For the above-mentioned SMEs and individual inventors, it is considered that the applicant wants to find a person who wants to use the industrial property right that he has applied for as soon as possible after the application.
This is because the prospect of securing funds for commercialization leads to an early reduction of the risk of burying precious ideas that have been filed from limited funds.

From the above perspective, SMEs and individual inventors, as well as those who wish to acquire rights and transfer technology related to unlicensed applications, are expected to develop in the future only through two-way communication via the Internet. It is an intellectual property right utilization system with an interactive trading function.
The “interactive trading function” is not limited to publishing intellectual property information related to the intellectual property for which it has been applied, but is disclosed on the Internet etc. between the creator / right holder of the intellectual property and those who wish to use it. This is a trading function that allows the transfer negotiation / license negotiation related to the above-mentioned use to proceed while exchanging “secret IP information”.

Examples of “confidential IP information” (hereinafter referred to as “IP confidential information”) include negative evaluations on intellectual property that can be disclosed to third parties other than the parties. Knowledge, technical development know-how and issues, strategic information for gaining an advantage over competitors with the intellectual property, future application examples and future business development of the intellectual property, further development of the intellectual property Information that suggests an improved invention that is an advanced form.
Merits such as being able to immediately confirm the response of users who wish to use unregistered industrial property rights, and proceed with contract negotiations regarding transfer or licensing, beyond the IP information provision function through such trading functions Occurs.

The industrial property right utilization system disclosed in Patent Document 2 focuses on the exchange of “intellectual property confidential information” in the negotiation process of industrial property rights transfer and provisional license agreements before the establishment of the rights. Realization is planned.
However, no matter how “confidential information on intellectual property” is confidential and important information, the invention content of the patent application relating to “the shape / structure of the article or a combination thereof” or the content of the invention of the utility model registration application It is expected that it will be difficult to convey an accurate image from the user (the holder of the right to receive registration) to the applicant.
In the same case as described above, it is difficult to accurately convey the shape of an article or a three-dimensional trademark relating to a design filed with the Patent Office from the applicant to the user who wishes to use it simply by exchanging information on confidential IP information.

The present invention has been made in view of the above-mentioned problems, and the applicant (of the right to receive registration) in a system capable of interactively trading industrial property rights that have been filed with the Patent Office but have not yet been granted. The purpose is to accurately convey the shape, structure, or three-dimensional trademark of an article relating to an application for a patent, utility model, or design from the owner) to the applicant.

[First invention]
Therefore, in order to solve the above problem, the industrial property right utilization system according to the first invention of the present application is:
An industrial property right utilization system comprising an intellectual property registration server owned by a person other than the Patent Office, and a right holder terminal and a use applicant terminal respectively connected to the intellectual property registration server through a public communication line. ,

The intellectual property registration server that manages intellectual property information related to industrial property rights that have been filed with the Patent Office by the applicant and are not yet established;
A terminal used by a person who wants to use an industrial property right that has already been filed and is in a state prior to the establishment of the right, and the user who wants to apply for the assignment or license of the industrial property right;
The right holder terminal for assigning or licensing the industrial property right which is the terminal used by the applicant and which has already been filed and has not yet been established;
An evaluator terminal that gives value evaluation to industrial property rights that have already been filed and are in a state prior to the establishment of the rights,
A modeling means for modeling an arbitrary three-dimensional shape,

The intellectual property registration server
In addition to receiving the IP information directly from the right holder terminal, the IP is also received by receiving the receipt issued by the JPO and the application documents with certification of the JPO directly from the right holder terminal. A process of registering information;
A process of registering the value evaluation given by the evaluator terminal for the industrial property right that has been filed and is in a state before the establishment of the right in the intellectual property information;
Providing intellectual property information including the value evaluation to the user requesting user terminal;
A process for setting use contract conditions for the industrial property right based on the use request information transmitted from the user terminal.
A process of receiving sale information including a sale condition for the use contract condition of the industrial property right registered in the intellectual property information from the right holder terminal;
For industrial property rights that have already been filed and are in the state before the establishment of the rights, the knowledge given by the right holder terminal that sent the use information or the right holder terminal that sent the sale information among the right holder terminals. Processing for registering confidential property information in the intellectual property information;
Receives the shape and structure of an article relating to a patent, utility model or design that has already been filed and has not yet been granted, or three-dimensional shape information relating to a three-dimensional trademark from the right-holder terminal and registers it in the intellectual property information. Processing,
A process of providing the three-dimensional shape information in a command format capable of instructing modeling with respect to the modeling means for the user terminal that has transmitted the use request information;
When the sale information received from the right holder's terminal satisfies the above usage agreement conditions, the electronic procedure documents that must be submitted to the JPO are automatically associated with the assignment or licensing of the industrial property rights related to the sale information. Process to create,
A process for permitting access to the created electronic procedure document for the user terminal that has transmitted the use request information that is the basis of the use contract condition;
Was configured to execute.

According to the first invention, the applicant's right to use information (three-dimensional shape information) on the shape and structure of an article relating to a patent, utility model, or design that has already been filed and has not yet been granted. It is provided (published) only to the user requesting terminal that has obtained from the user terminal and transmitted the use request information.
Here, the three-dimensional shape information refers to the shape and structure of an article or three-dimensional trademark as an actual “modeling means” (for example, a three-dimensional printer, computer numerical control (CNC: Computer (ized) Numerical (ly) Control (led)) lathe, etc. ), And can be delivered via a public communication line such as the Internet.
For this reason, applicants who have applied for bidding for the transfer of the right to receive registration and bidding for provisional licenses use three-dimensional shape information and "modeling means" (three-dimensional printers, CNC lathes, etc.) to apply for patents and utility models. -The shape / structure or three-dimensional trademark of an article related to a design can be materialized (reproduced as a real product), and an accurate image can be transmitted from the applicant to the applicant.

It is a block diagram which shows the whole structure of the industrial property right utilization system which concerns on embodiment of this invention. It is a block diagram which shows the electric constitution of an intellectual property registration server. It is a figure which shows an example of the data structure of IP information. It is a figure which shows an example of the data structure of user information. It is a figure which shows an example of the data structure of utilization request information. It is a figure which shows the 1st example of the electronic procedure document produced | generated at the time of transfer of the right to receive registration. It is a figure which shows the 2nd example of the electronic procedure document produced | generated at the time of transfer of the right to receive registration. It is a figure which shows the 1st example of the electronic procedure document produced | generated at the time of provisional license permission. It is a figure which shows the 2nd example of the electronic procedure document produced | generated at the time of provisional license permission. It is a block diagram which shows the electric constitution of a right holder terminal. It is a block diagram which shows the electric constitution of a use applicant terminal. It is a block diagram which shows the electric constitution of an evaluator terminal. It is a sequence diagram which shows operation | movement of the industrial property right utilization system at the time of object processing. It is an example of the input screen at the time of the intellectual property registration application displayed on a right holder terminal. It is an example of the input screen at the time of user registration application displayed on a right holder terminal or a use applicant terminal. It is an example of the input screen at the time of sale of the industrial property right of an application displayed on a rights holder terminal.

The industrial property right utilization system of the present invention will be described below with reference to FIGS.
[Embodiment]
The embodiment of the present invention is an example in which an industrial property right utilization system 1 is configured for the purpose of effective utilization (assignment or license grant) of an applied industrial property right before establishment of the right.

FIG. 1 is a block diagram showing a configuration of an industrial property right utilization system 1 according to the present embodiment.
As shown in FIG. 1, the industrial property right utilization system 1 is a public communication between an intellectual property registration server 2 owned by a person other than the Patent Office, a right holder terminal 3, a user requesting terminal 4, and an evaluator terminal 5. This is a system connected via a line 10 in a communicable state.
When the public communication line 10 such as the Internet is adopted, a high security level can be secured by using, for example, a VPN (Virtual Private Network) technology.

In addition, the system 1 includes an intellectual property registration server 2 that manages intellectual property information relating to industrial property rights that have been filed with the Patent Office by the applicant and are in a state before the rights are established; Terminals used by those who wish to use industrial property rights in the above-mentioned state, and those who wish to use the terminal 4 who apply for transfer or licensing of the industrial property rights, and terminals that are used by the applicant and have already been filed. A right holder terminal 3 that assigns or licenses an industrial property right in a state before the right is established, and an evaluator terminal 5 that gives a value evaluation to the industrial property right that has already been filed and is in a state before the right is established. And modeling means 6 for modeling an arbitrary three-dimensional shape.
The modeling means 6 is a general manufacturing apparatus that models an arbitrary three-dimensional shape by operating according to an instruction command (electronic data) of a modeling operation, such as a three-dimensional printer or a CNC lathe.

  The intellectual property registration server (hereinafter referred to as “IP server”) 2 receives the intellectual property information directly from the right holder terminal 3 and receives a receipt RC issued by the Patent Office and an application document with certification of the Patent Office. The process of registering the IP information upon receiving the AP directly from the right holder terminal 3, given by the evaluator terminal 5 for the industrial property right that has already been filed and has not yet been established. The process of registering the value evaluation in the intellectual property information and the process of providing the intellectual property information including the value evaluation to the user terminal 4 are executed.

The intellectual property server 2 also sets a contract for using industrial property rights based on the desired use information transmitted from the user terminal 4 and uses the industrial property right registered in the intellectual property information. And a process of receiving sale information including sale conditions for the conditions from the right holder terminal 3.
In addition, the IP server 2 sends the sales information to the industrial property right that has already been filed and is in the state before the establishment of the right. The intellectual property confidential information given by the terminal 3 is registered in the intellectual property information.

In addition, the IP server 2 receives from the right holder terminal 3 the shape and structure of an article relating to a patent, utility model, or design that has already been filed and has not yet been granted, or three-dimensional information relating to a three-dimensional trademark, Register IP information.
The intellectual property server 2 provides the three-dimensional shape information in a command format capable of instructing the modeling means 6 to model the user terminal 4 that has transmitted the usage request information.

Furthermore, when the sale information received from the rights holder terminal 3 satisfies the use contract conditions, the IP server 2 may submit the industrial property right related to the sale information to the Patent Office along with the assignment or licensing. Processing to automatically create the necessary electronic procedure document PR and processing to permit access to the created electronic procedure document PR to the user terminal 4 that has transmitted the usage request information that is the basis of the use contract conditions And configured to perform.
Hereinafter, this content will be described in detail.

The IP server 2 shown in FIG. 1 receives “IP information” from each right holder terminal 3 for each right holder terminal 3.
The intellectual property information here is not limited to industrial property rights filed with the Japan Patent Office, but may be industrial property rights filed with foreign patent offices other than the Japan Patent Office.

Examples of items included in the above-described “IP information” (see FIG. 3) include the following items.
1) Name of right holder: Name or name used to identify the “right holder with the right to be registered” for the industrial property rights filed with the JPO.
2) Application type: Type of industrial property rights filed with the JPO. Patent, utility model, design, or trademark.
3) Application number: Number when filing with the JPO.
4) Application date: the date on which the above application was filed.
5) Subject of application: The name of the invention when the application type is “patent”. If the application type is “utility model”, the name of the device. In addition, when the application type is “design”, an article related to the design. If the application type is “Trademark”, the trademark to be registered.
6) Creator Name: Name used to identify the creator of the subject of protection (invention, device, design) filed with the JPO.
7) Applicant name: Name or name for identifying the person who filed the above application.
8) Name of agent: Name or name of agent (patents, patent business corporation, etc.) who filed the above application.

The data format of the above "IP information" may be a data string in a predetermined format such as CSV (Comma Separated Values) format in which each data item such as application number and invention name is separated by commas. It can be a file.
Any method can be adopted for “electronic data acquisition of intellectual property information” by the server 2 and, of course, it is received from the right holder terminal 3 through an arbitrary telecommunication line (public communication line 10 in this example). It may be read via an arbitrary storage medium such as a DVD (Digital Versatile Disk) or a removable portable memory.

The right holder terminal 3 is an electronic terminal owned by each right holder who applied for an industrial property right with the Patent Office, and corresponds to a mobile phone, a smartphone, a PC (Personal Computer), a tablet terminal, and the like.
The terminal 3 obtains “IP information” including various information related to “industrial property rights that have been filed and are not yet established” owned by the right holder via the public communication line 10. Send to.

In addition, the right holder terminal 3 obtains (1) a receipt RC issued by the JPO and (2) an application document (hereinafter referred to as an “authenticated electronic”) obtained by the JPO. AP (referred to as “document”) is transmitted to the IP registration server 2.
For industrial property rights filed with the Japan Patent Office, the “proof” character string given to the application documents when applying online to the Office through the Internet is certified.

The IP server 2 shown in FIG. 1 receives the “IP information” from the right holder terminal 3 for each right holder terminal 3.
In addition, the IP server 2 receives the set of the receipt RC and the application document AP with authentication, and the user of the right holder terminal 3 becomes a valid applicant (an industrial property that has been filed and has not yet been established). The IP information transmitted from the terminal 3 is registered. This is because in the present invention, since the application information of industrial property rights that have not yet been disclosed by the JPO is handled, there is no other way to confirm other than the document RC / AP.

Next, each electrical configuration of the intellectual property server 2, the right holder terminal 3, the user requesting terminal 4, and the evaluator terminal 5 will be sequentially described.
These servers and terminals 2, 3, 4, and 5 have similar apparatus configurations although there are differences in the scale of calculation processing capacity and storage capacity. As shown in FIG. 1, each of the devices 2, 3, 4, and 5 includes output units 25, 35, 45, and 55 including a liquid crystal display and a printer (not shown), a device body that executes various arithmetic processes, and a keyboard. And input units 24, 34, 44 and 54 including a mouse (not shown).
In addition, the apparatus body has a control function centered on a CPU (Central Processing Unit) that executes arithmetic processing, a storage function that uses a hard disk drive (HDD), a ROM (Read Only Memory), a RAM (Random Access Memory), and the like, and It has a communication function for transmitting / receiving various signals or information.

First, the electrical configuration of the intellectual property registration server 2 will be described.
As shown in FIG. 2, the apparatus body of the IP server 2 includes a control unit 21 including a CPU that executes arithmetic processing, a storage unit 22 including a hard disk drive (HDD), ROM, RAM, and the like, and various signals or The communication unit 23 includes a communication port (not shown) that forms an information input / output path.
The communication unit 23 is connected to the public communication line 10 and receives “IP information” from the right holder terminal 3 via the line 10. As the communication unit 23, a network interface / modem or the like is used.

The control unit 21 includes a CPU, a ROM, a RAM, and the like, and loads and executes an application program stored in the ROM / storage unit 22 to the RAM, thereby realizing various logical means.
In the intellectual property server 2, an intellectual property information management unit 211, a user management unit 212, an intellectual property evaluation unit 213, a bid management unit 214, and a procedure document creation unit 215 are realized.

The intellectual property information management unit 211 provides the intellectual property registration application screen 100 (see FIG. 14) to the right holder terminal 3.
The management unit 211 registers the “IP information” transmitted from the right holder terminal 3 through the application screen 100 (FIG. 14) in the storage unit 22 and manages the entire IP information 221 (see FIG. 3). Do.
The intellectual property information 221 shown in FIG. 3 is information for designating a correspondence relationship between an industrial property right that has been filed with the JPO and is in a state before the right is established, and an attribute related to the right.

Further, the intellectual property information management means 211 receives the receipt RC and the electronic document AP with authentication transmitted from the right holder terminal 3 through the intellectual property registration application screen 100 (FIG. 14) and the intellectual property information transmitted from the terminal 3. Write in the storage unit 22 in association with each other.
The “Receipt RC” is a receipt issued by the Office obtained when filing an application with the Patent Office.
The “certified electronic document AP” refers to an application document that has been certified by the JPO (in the case of a patent application, application, description, claims, drawings, abstract). For industrial property rights filed with the Japan Patent Office, the “proof” character string attached to the electronic application documents when applying online to the Office through the Internet is the authentication.

  Furthermore, the intellectual property information management means 211 has applied only by the use applicant terminal 4 that has transmitted the use request information and the right holder terminal 3 that has transmitted the sale information for the use request information among the right holder terminals 3. It also plays the role of registering intellectual property confidential information given to industrial property rights in the state before the rights are established in the intellectual property information.

Furthermore, the intellectual property information management means 211 sends “three-dimensional shape information” relating to “the shape and structure of an article relating to a patent, utility model or design, or three-dimensional trademark, which has already been filed and has not yet been granted,” to the right holder terminal. 3 and registered in the intellectual property information 221.
The bid management unit 214 provides “three-dimensional shape information” to the user terminal 4 who has transmitted the use request information.

The “three-dimensional shape information” here is design information indicating a structure diagram of “the shape and structure of an article related to a patent, utility model or design, or a three-dimensional trademark” that has been filed and has not yet been granted. Refers to that.
In this example, the “three-dimensional shape information” is described in a command format that can instruct a modeling operation to the modeling unit 6 (FIG. 1).
The first example of the three-dimensional shape information is electronic data for outputting (modeling) the shape and structure of an article or a three-dimensional trademark relating to a patent, utility model, or design with a “three-dimensional printer” (modeling means 6). It is done.
A second example of the “three-dimensional shape information” includes a G code for cutting these shapes, structures, and three-dimensional trademarks with a “CNC lathe” (modeling means 6).

Furthermore, as a third example of “stereoscopic shape information”, there is an AR (Augmented Reality) marker that records a stereoscopic image of these shapes, structures, and three-dimensional trademarks. In this case, the shape and structure of an article relating to a patent, utility model, or design filed by filing an application by capturing solid shape information with a camera (modeling means 6) capable of recognizing an AR marker on the user terminal 4 side. A three-dimensional image of a three-dimensional trademark can be confirmed.
In addition, as a fourth example of the “three-dimensional shape information”, an interference fringe obtained by causing interference between reflected light and light from the same light source when these shapes, structures, and three-dimensional trademarks are irradiated with an image sensor The digital holographic electronic data may be recorded on the computer and processed by a computer (modeling means 6) to obtain a stereoscopic image.

The user management unit 212 shown in FIG. 2 registers “user information” transmitted from the right holder terminal 3 in the storage unit 22 and performs overall management of the user information 222 (see FIG. 4). In addition, the user management unit 212 deletes the registered content related to the user from the user information 222 in response to a user registration deletion operation.
The user information 222 is information that specifies a correspondence relationship between a user who uses the system 1 and an attribute related to the user. In the example of FIG. 4, in the user information 222, a user ID for individually identifying the user, the content of the right that each user desires to use (right acquisition / license), or a sale condition (sale information) presented by each user Are associated with each other.

Examples of basic information included in “user information” include the following items.
1) User ID: A user who uses the industrial property right utilization system 1 (each right holder who has applied for an industrial property right, or who wants to use an industrial property right that has already been filed and has not yet been granted) Uniquely identifiable identification information.
2) Name or name: Name or name of the right holder or applicant who has been assigned a user ID.
3) Address: Address information of a user who uses the industrial property right utilization system 1.
4) Telephone number: The telephone number of the user who uses the industrial property right utilization system 1.
5) E-mail address: E-mail address of the user who uses the industrial property right utilization system 1.
Furthermore, the user management means 212 in this embodiment provides the user registration application screen 110 (see FIG. 15) to the right holder terminal 3 or the user wishing terminal 4.

The intellectual property evaluation means 213 shown in FIG. 2 is a means for evaluating the intellectual property value of the industrial property right that each right holder has applied to the Patent Office.
“Assessment of intellectual property value” here means not only the value of pure technology but also the comprehensive value including the economic value in the business field to which the industrial property right belongs and the potential value such as the prospect of future market growth. This refers to a value evaluation.
The above-described value evaluation itself is performed by an evaluator who has a certain level of knowledge regarding intellectual property, such as a patent attorney, rather than the parties (right holders themselves or applicants for use) so as to ensure the objectivity of the evaluation. The evaluation result of the intellectual property value is transmitted to the intellectual property server 2 via the evaluator terminal 5.

Applicants can negotiate the right price with the right holder based on the equivalence assessment in order to bring the transaction price of the industrial property right that they are considering to acquire or license to the appropriate price. .
Also, for the right holders, the industrial property rights subject to negotiations have not yet been granted (setting registration), and it is unclear whether they can acquire the rights reliably. Can be avoided.
Note that the intellectual property information transmitted from the right holder terminal 3 to the intellectual property server 2 is disclosed to the evaluator, and it is necessary to obtain the consent of the right holder in advance.

The bid management means 214 is a means for setting a use contract condition for an industrial property right that has already been filed and is in a state before the right is established, and that performs a bid process relating to the use of the industrial property right. This bidding format may be an “auction bidding format”, or may be an individual bidding with a specific partner.
In this example, according to an auction bidding system, which is one of the business practices, a bid is solicited for a contract for use of an industrial property right that has already been filed and has not yet been granted. In addition, in the transaction form in which the user wishes to use and presents the use contract conditions, the offer price on the selling side (right holder side) may be sequentially lowered as opposed to a normal auction.

When the “use request information” regarding the use contract of the industrial property right that has been filed and has not yet been established is transmitted from the use applicant terminal 4, the bid management means 214 sends the bid offer information 223 (see FIG. 5). ) In the storage unit 22.
As shown in Fig. 5, the conditions for using industrial property rights are in addition to the available bidding period (bidding start date and time and bidding end date and time), the upper limit of the budget (budget amount payable by the applicant), and the current bid amount. , Set the usage form of the contract object (industrial property right) (assignment of all or part of the industrial property right, provisional exclusive license / temporary normal license of the industrial property right).
Further, the usage form may include the conditions of the other party that permits the use of the right (for example, the use of a company having a capital of 300 million yen or less, the use of a private business owner, etc.).

When granting a temporary license, the temporal, regional, and quantitative usage contract conditions must be presented for the temporary exclusive license for the industrial property right in order to facilitate smooth agreement among those who wish to use the contract. Is desirable.
In addition, since it is possible to grant provisional licenses to multiple persons, the designation of non-exclusive license agreements or exclusive license agreements, the number of licenses to be licensed, the size of the licensee's capital, etc. It is desirable to present conditions.

The bid management means 214 provides the right holder terminal 3 with a usage request screen 120 (see FIG. 16) on which usage contract conditions extracted from the usage request information 223 are displayed. The terminal 3 transmits “sale information” (information including the sale condition of the industrial property right registered in the intellectual property information) to the intellectual property server 2 via the screen 120.
Then, the bid management means 214 shown in FIG. 2 sets the usage contract condition (that is, the successful bid condition) based on the sale information (sale price / license contract available period, etc.) transmitted from the right holder terminal 3 during the bid available period. The filled terminal 3 is determined.
When the sale information is transmitted from the right holder terminal 3 via the screen 120 (FIG. 16), the bid management means 214 sends an e-mail / voice guide to the user who wants to use it (the user terminal 4). You may notify by such as.
Further, the bid management means 214 may automatically transmit a confirmation e-mail describing the transaction details relating to the bid to the right holder terminal 3 as a transmission source so as to avoid erroneous ordering by the right holder.

The right holder who fulfills the above-mentioned usage contract conditions (successful bid conditions) during the tenderable period has the right to use industrial property rights that have already been filed and are in the state before the rights have been established Part transfer or temporary exclusive license / provisional license).
Since it is necessary to notify the JPO when assigning the right to receive registration of settings (ie, changing the name of the applicant) or granting the provisional exclusive license, the procedure document preparation means 215 requires the “electronic procedure” Automatic creation of “Document PR”.
The automatically created electronic procedure document PR is submitted to the Patent Office by online transmission or mailing by an attorney such as a patent attorney or patent business corporation.

In the present invention, when transferring the right to receive registration or granting a provisional license, it is for submission to the Patent Office in which predetermined information such as name, name, address, and whereabouts of licensors (licensees) and licensees (licensees) is written. Paying attention to the need for documents, it is designated by the Japan Patent Office based on the user information 222 (name or name of the user, the user's address, etc.) obtained at the time of user registration application of the industrial property right utilization system 1 Fill out forms automatically.
In other words, the procedure document creation means 215 creates an electronic procedure document PR based on “HTML-type electronic data that can be recognized by the Internet application software” for online processing to the Patent Office via the public communication line 10.
As a result, these documents PR are created in an electronic data format, thereby reducing the burden of creating procedure documents and enabling a quick procedure.

For example, when a part of the right to receive a patent is assigned, the procedure document preparation means 215 prepares an applicant name change notice (see FIG. 6) and a partial assignment certificate (see FIG. 7) as an electronic document PR.
The applicant name change notice (Fig. 6) is created in a data format that can be recognized by Internet application software such as HTML format because it is an online procedure, while a part of the transfer certificate (Fig. 7) is a stamped base paper ( It is created in a file format that can be read by any document creation software.

Further, when granting a temporary exclusive license based on the right to obtain a patent, the procedure document creation means 215 sends an electronic document PR as a temporary exclusive license setting registration application (see FIG. 8) and a temporary exclusive license setting contract certificate (see FIG. 8). (See FIG. 9).
These two documents (tentative exclusive license setting registration application and temporary exclusive license setting contract certificate) must be submitted on a stamped base paper, so they are created in a file format that can be read by any document creation software. Is done.
The IP server 2 is connected to a printer (not shown) via a predetermined interface such as a USB (Universal Serial Bus) connection terminal or the communication unit 23, and the electronic procedure document PR created by the procedure document creation means 215 is stored. It may be printed out on a paper medium.

“Procedures that need to be submitted to the JPO by paper media” such as assignment certificates (Fig. 7), provisional license agreement registration application (Fig. 8), and provisional license agreement agreement (Fig. 9) In the operation of this system 1, items that need to be entered in accordance with the specified format (address and name of the right holder to be licensed, address and name of the applicant who wishes to use the license) are automatically entered. It is stored on the intellectual property server 2 in the form of electronic data (electronic document) that can be described and printed out.
If the right holder and the applicant wish to use the "Industrial Property Rights that have been filed and are in the state before the rights are established", the right holder will submit a transfer certificate (or application for registration of temporary exclusive licenses). Certificate / temporary exclusive license setting contract certificate, etc.) are printed on a paper medium, signed by hand and sent to the applicant.

Next, the configuration of the right holder terminal 3 will be described.
FIG. 10 is a block diagram showing an electrical configuration of the right holder terminal 3 according to the present embodiment.
As shown in FIG. 10, the right holder terminal 3 includes an output unit 35 such as a liquid crystal display (not shown), and an input unit 34 including a touch panel (not shown).
The right holder terminal 3 includes a control unit 31 including a CPU (central processing unit) that executes arbitrary arithmetic processing, a storage unit 32 including a hard disk drive (HDD), ROM, RAM, and the like, and various signals or information. The communication unit 33 includes a communication port (not shown) that forms an input / output path.
The communication unit 33 is connected to the public communication line 10 such as the Internet or a mobile communication network, and performs various communications with other devices. As the communication unit 33, a network interface / modem or the like is used.

The control unit 31 includes a CPU, a ROM, a RAM, and the like, and loads and executes an application program stored in the ROM / storage unit 32, thereby realizing various logical means.
In the right holder terminal 3, an intellectual property registration application unit 311, a user registration application unit 312, a sale instruction unit 313, and a confidential information providing unit 314 are realized.

The IP registration application unit 311 is a unit that applies to the IP server 2 to register IP information.
The IP registration application means 311 in this example makes an application for user registration by transmitting the IP information input via the IP registration application screen 100 (FIG. 14) to the IP server 2.
The “intellectual property information” here refers to intellectual property that has been filed with the JPO but has not yet been published by the same office.
In addition, the IP registration application means 311 in this embodiment grants not only the transmission of IP information but also the receipt RC issued by the JPO at the time of application and the certification of the same office via the application screen 100 (FIG. 14). The authenticated electronic document AP is transmitted to the intellectual property server 2.

The user registration application unit 312 illustrated in FIG. 10 is a unit that applies to the intellectual property server 2 for user registration. The means 312 applies for user registration by transmitting the user information input via the user registration application screen (FIG. 15) to the intellectual property server 2.
The application for user registration is a user registered in a predetermined SNS (Social Networking Service) site represented by Facebook (registered trademark) as seen in recent Internet sites. You may comprise so that account information (user name, a password, etc.) can be diverted as user information of this industrial property utilization system 1. FIG.

The sale instructing unit 313 is a unit for instructing the IP server 2 to sell the usage contract for the industrial property right (which is in an unestablished right) filed with the JPO.
The means 313 transmits the “sale information” (sale price, etc.) input via the use request screen 120 (see FIG. 16) to the intellectual property server 2, so that the right owner registered in the intellectual property information is registered. Direct the sale of industrial property rights.
The “sale information” refers to information including conditions for selling industrial property rights registered in the intellectual property information for the use contract conditions presented by the applicant.

The confidential information providing unit 314 transmits “IP confidential information” input by the right holder via the input unit 34 to the intellectual property server 2.
Examples of “confidential intellectual property information” include negative evaluations and knowledge of intellectual property that can be disclosed to third parties other than the parties, technical development know-how and issues, and competition based on the intellectual property. Strategic information for gaining an advantage over other companies, future application examples of the intellectual property, future business development, and information suggesting improved inventions that are further developed forms of the intellectual property.
Furthermore, the confidential information providing unit 314 transmits “three-dimensional shape information” regarding the shape / structure of the article or the three-dimensional trademark relating to the patent / utility model / design that has been filed and has not yet been granted to the intellectual property server 2. .

Next, the configuration of the user terminal 4 will be described.
FIG. 11 is a block diagram showing an electrical configuration of the user applicant terminal 4 according to the present embodiment.
As shown in FIG. 11, the user terminal 4 includes an output unit 45 such as a liquid crystal display (not shown) and an input unit 44 including a keyboard and a touch panel (not shown).

The user terminal 4 includes a control unit 41 including a CPU (central processing unit) that executes arbitrary arithmetic processing, a storage unit 42 including a hard disk drive (HDD), ROM, RAM, and the like, and various signals or A communication unit 43 including a communication port (not shown) that forms an information input / output path is provided.
The communication unit 43 is connected to a public communication line 10 such as the Internet or a mobile communication network, and performs various communications with other devices. As the communication unit 43, a network interface, a modem, or the like is used.

In this example, the user terminal 4 is connected to the modeling means 6 via a predetermined interface such as USB (Universal Serial Bus) or the public communication line 10.
Then, the terminal 4 sends the three-dimensional shape information (instruction format for the modeling means 6) to the means 6 to model “the shape and structure of an article relating to an applied patent, utility model or design, or three-dimensional trademark”. The means 6 is manufactured (modeled).

The control unit 41 includes a CPU, a ROM, a RAM, and the like, and loads and executes an application program stored in the ROM / storage unit 42 to the RAM, thereby realizing various logical means.
In the user requesting terminal 4, a user registration applying unit 411, a usage request applying unit 412 and a confidential information providing unit 413 are realized.

The user registration application unit 411 is a unit for applying to the intellectual property server 2 for user registration.
The means 411 applies for user registration by transmitting the user information input via the user registration application screen 110 (FIG. 15) to the intellectual property server 2.

The utilization request applying means 412 shown in FIG. 11 is a means for applying to the intellectual property server 2 for a utilization contract request for an industrial property right that has already been filed and is in a state before the establishment of the right.
The use request application means 412 transmits the “use request information” input via the input unit 44 to the intellectual property server 2, so that the use contract for the industrial property right that has been filed and has not yet been established. Apply for hope.
The use request information transmitted by the use requester terminal 4 includes the contents corresponding to each item of the use request information 223 stored in the intellectual property server 2 (the right type to be used, the name or name of the use applicant, and the use Format, budget upper limit, bid start date / time, bid end date / time).
At this time, the intellectual property server 2 refers to the usage request information transmitted from the user terminal 4, and is in the state before the establishment of the right, based on the intellectual property information 221, which is “approaching the desired usage condition”. Patents, utility models, designs, and trademarks may be provided to the terminal 4.

The confidential information providing means 413 is a means for transmitting “IP confidential information relating to industrial property rights that have been filed and have not yet been established” in response to an input operation to the input unit 44 by a user who desires use.
In this embodiment, the IP confidential information is transmitted by the user requesting terminal 4 (confidential information providing unit 413) only when the usage request information is transmitted to the intellectual property server 2 by the usage request applying unit 412. It is feasible.

Next, the configuration of the evaluator terminal 5 will be described.
FIG. 12 is a block diagram showing an electrical configuration of the evaluator terminal 5 according to the present embodiment.
As shown in FIG. 12, the evaluator terminal 5 includes an output unit 55 such as a liquid crystal display (not shown) and an input unit 54 including a keyboard and a touch panel (not shown).

The evaluator terminal 5 includes a control unit 51 including a CPU (central processing unit) that executes arbitrary arithmetic processing, a storage unit 52 including a hard disk drive (HDD), ROM, RAM, and the like, and various signals or information. The communication unit 53 includes a communication port (not shown) that forms an input / output path.
The communication unit 53 is connected to a public communication line 10 such as the Internet or a mobile communication network, and performs various communications with other devices. As the communication unit 53, a network interface / modem or the like is used.

The control unit 51 includes a CPU, a ROM, a RAM, and the like. The application program stored in the ROM / storage unit 52 is loaded into the RAM and executed, thereby realizing various logical means. In the evaluator terminal 5, value evaluation means 511 is realized.
The value evaluation unit 511 is a unit that evaluates the value of the industrial property right that has been registered in the intellectual property server 2 and is in a state before the right is established.
This value evaluation itself is performed by a patent attorney or the like. The value evaluation unit 511 transmits the value evaluation information input by the evaluator via the input unit 54 to the intellectual property server 2.

Next, the operation of the industrial property right utilization system 1 according to the present embodiment will be described.
A right holder who has the right to register an industrial property right that has already been filed with the JPO and is in a state before the establishment of the right, uses the right holder terminal 3 to provide an intellectual property registration application screen provided by the intellectual property server 2 100 (FIG. 14) is accessed.
As illustrated in FIG. 13, the right holder terminal 3 transmits the intellectual property information to the intellectual property server 2 in accordance with the content input by the right holder via the application screen 100 (step S <b> 10). As a result, the terminal 3 applies for an intellectual property registration for an industrial property right that has already been filed and is in a state before the establishment of the right.
The server 2 not only transmits the IP information but also knows the receipt RC issued by the JPO at the time of application and the certified electronic document AP to which the certification is granted through the IP registration application screen 100. It transmits to the goods server 2.

The IP server 2 receives the IP information from the right holder terminal 3 together with the receipt RC / authenticated electronic document AP, so that the IP information is stored in the IP information 221 (see FIG. 3) (step S11). The receipt RC / authenticated electronic document AP is stored in the storage unit 22 in association with the intellectual property information 221.
In order for the intellectual property server 2 to automatically determine that the certified electronic document AP has been properly applied to the Japan Patent Office, it is identified that the string of “proof” is included in the document of the electronic document AP. Good.

In the present embodiment, the right holder uses the right holder terminal 3 to access the user registration application screen 110 (FIG. 15) provided by the intellectual property server 2.
The right holder terminal 3 transmits user information to the intellectual property server 2 in accordance with the input content from the right holder in order to make a user registration application in addition to the IP registration application.
A user who wishes to use an industrial property right that has been registered on the intellectual property server 2 and is in a state prior to the establishment of the right also accesses the user registration application screen 110 using the user requesting terminal 4 to register the user. I recommend you.

Thereafter, when the usage request information is transmitted by the user requesting user terminal 4 (step S12), the intellectual property server 2 registers the usage request information 223 (FIG. 5) in the storage unit 22, and based on the information 223. “Use contract conditions are set” for an industrial property right that has already been filed and has not yet been granted (step S13).
As one condition of this use contract condition, a bidable period (bidding start date and time-bid end date and time) is also specified. When the bid start date and time is reached, the IP server 2 discloses the usage request information 223, so that a bid for a contract for use of an industrial property right that has already been filed and has not yet been established is started. (Step S14).

When the sale information including the bid amount (sale amount) is transmitted from the right holder terminal 3 via the use request screen 120 (FIG. 16) for the started bid (step S15), the intellectual property server 2 The current bid price registered in the usage request information 223 (FIG. 5) is updated with the bid price (sale price) included in the sale information.
In this example, since the applicant wishes to use the transaction form in which the usage contract condition (budget upper limit) is presented, the offer price on the selling side (right holder side) may be gradually reduced as opposed to a normal auction. .

In the industrial property right utilization system 1 according to the present invention, an “interactive trading function” unique to two-way communication via the public communication line 10 (Internet) is possible.
Specifically, confidential IP information (for example, by a user who wishes to use the device) is requested from the user requesting terminal 4 who wishes to use the industrial property right that has been filed and has not yet been granted. Future business plans, etc.) can be provided (step S16A), and when the terminal 3 also sends sale information to the right holder terminal 3, the confidentiality of intellectual property to the user terminal 4 thereafter Information can be provided (step S16B).
When the intellectual property confidential information is transmitted from either the right holder terminal 3 or the user wishing terminal 4, the intellectual property server 2 updates (registers) the intellectual property information 221 with the confidential information (step S17).

Furthermore, the right holder terminal 3 has a bid subject “patent / utility model related to the shape and structure of the article that has been filed and has not yet been established” or “application has been filed and has not yet been established. In the case of “design / three-dimensional trademark”, the shape and structure of the article relating to the patent / utility model / consent design or “three-dimensional shape information” relating to the three-dimensional trademark is transmitted to the intellectual property server 2 (step S18).
At this time, the server 2 registers and updates the intellectual property information 221 with the three-dimensional shape information, and provides (opens) the three-dimensional shape information to the user terminal 4 who has transmitted the use request information.
The terminal 4 is connected to the modeling means 6 via a predetermined interface / public communication line 10 such as USB (Universal Serial Bus), and transmits three-dimensional shape information (command format to the modeling means 6) to the modeling means 6. By doing so, the modeling means 6 manufactures (models) “the shape and structure of an article relating to a patent, utility model, or design that has already been filed and has not yet been granted, or a design”.

Further, the intellectual property server 2 determines whether or not the bid possible period has elapsed by monitoring the bid end date and time.
When the bidable period elapses, the intellectual property server 2 uses the industrial property right that has been submitted for bidding and is in the state before the right is established from among the right holder terminals 3 that sent the sale information during the same period. The successful bidder (seller) is determined by specifying the right holder terminal 3 satisfying the contract conditions (step S19).
The criteria for determining the winning bidder are arbitrary. For example, even if it is determined that the right holder terminal 3 showing the lowest bid amount (sales amount) among bids actually applied is determined to be the winning bidder. Good.

Since it is necessary to notify the JPO when assigning industrial property rights or granting temporary exclusive licenses, the intellectual property server 2 automatically creates the “electronic procedure document PR” necessary for the notification.
In this example, the document PR is created by automatically filling in a form designated by the Patent Office based on the user information 222 (FIG. 4) obtained at the time of user registration application of the industrial property right utilization system 1.
Furthermore, the intellectual property server 2 permits access (downloading) to the automatically created electronic procedure document PR to the user terminal 4 who desires a usage contract (step S20).
The document PR downloaded by the user terminal 4 permitted to access is submitted to the Patent Office by the applicant himself / herself or an agent such as a patent attorney / patent business corporation.

As described above, according to the industrial property right utilization system according to the present embodiment, in the use of industrial property rights that have been filed and are in the state before the rights are established (transfer of rights to receive registration / provisional license permission) The three-dimensional shape information is provided from the right holder terminal 3 (applicant side) to the use applicant terminal 4 (use applicant side) that has transmitted the use request information.
The user terminal 4 uses the same 3D shape information and modeling means 6 (three-dimensional printer, CNC lathe, etc.) to apply for patents / utility models / designs that have already been filed and have not yet been granted. It is possible to materialize (reproduce as an actual product) the shape / structure or three-dimensional trademark of an article.
Therefore, when proceeding with negotiations on the use of industrial property rights that have already been filed and have not yet been granted, the applicant will not be able to present the actual product to the applicant. "Accurate image of the shape, structure, or three-dimensional trademark of an article relating to a patent, utility model, or design" can be transmitted from the applicant to the applicant.

In the industrial property right utilization system according to the present embodiment, various characteristic functions of the present invention can be added simply by installing (installing) a dedicated application in an arbitrary multifunction electronic device. -Candidate terminal 4 / evaluator terminal 5 can be configured.
Therefore, the right holder terminal 3, the user requesting terminal 4 and the evaluator terminal 5 can be configured at low cost and in a short time.

  Here, as the multi-function electronic device, a smartphone, a tablet terminal, a PC, or the like is preferably employed. When referring to intellectual property information, a considerable processing burden is imposed on the CPU, but if it is a smartphone or tablet terminal, the processing performance has improved dramatically and is comfortable even when executing the above processing Can ensure a high speed of operation.

In addition, since a portable multi-function electronic device has the advantage of portability, negotiations can be easily conducted when the right holder or a user who wants to use it is convenient.
In this way, the multifunctional electronic device can be used as the right holder terminal 3, the user requesting terminal 4 and the evaluator terminal 5, so that it is possible to transfer rights or license licenses for industrial property rights that have been filed and have not yet been established. For all of the right holders who are trying to acquire, use applicants who are trying to acquire or license the industrial property rights, and all the evaluators who are evaluating the value of the industrial property rights, the usage scene and application of the system 1 It becomes easy to expand opportunities (for example, reference opportunities) to engage in industrial property rights.
Therefore, we can expect to promote the fluidization of industrial property rights that have already been filed and are in a state before the rights are established.

  The present invention has been described above with reference to the embodiments, but the present invention is not limited to the above embodiments. Various modifications that can be understood by those skilled in the art can be made to the configuration and details of the present invention without departing from the gist of the present invention.

DESCRIPTION OF SYMBOLS 1 Industrial property right utilization system 2 Intellectual property registration server 3 Right holder terminal 4 Use applicant terminal 5 Evaluator terminal 6 Modeling means 10 Public communication line

Claims (1)

An industrial property right utilization system comprising an intellectual property registration server owned by a person other than the Patent Office, and a right holder terminal and a use applicant terminal respectively connected to the intellectual property registration server through a public communication line. ,

The intellectual property registration server that manages intellectual property information related to industrial property rights that have been filed with the Patent Office by the applicant and are not yet established;
A terminal used by a person who wants to use an industrial property right that has already been filed and is in a state prior to the establishment of the right, and the user who wants to apply for the assignment or license of the industrial property right;
The right holder terminal for assigning or licensing the industrial property right which is the terminal used by the applicant and which has already been filed and has not yet been established;
An evaluator terminal that gives value evaluation to industrial property rights that have already been filed and are in a state prior to the establishment of the rights,
A modeling means for modeling an arbitrary three-dimensional shape,

The intellectual property registration server
In addition to receiving the IP information directly from the right holder terminal, the IP is also received by receiving the receipt issued by the JPO and the application documents with certification of the JPO directly from the right holder terminal. A process of registering information;
A process of registering the value evaluation given by the evaluator terminal for the industrial property right that has been filed and is in a state before the establishment of the right in the intellectual property information;
Providing intellectual property information including the value evaluation to the user requesting user terminal;
A process for setting use contract conditions for the industrial property right based on the use request information transmitted from the user terminal.
A process of receiving sale information including a sale condition for the use contract condition of the industrial property right registered in the intellectual property information from the right holder terminal;
For industrial property rights that have already been filed and are in the state before the establishment of the rights, the knowledge given by the right holder terminal that sent the use information or the right holder terminal that sent the sale information among the right holder terminals. Processing for registering confidential property information in the intellectual property information;
Receives the shape and structure of an article relating to a patent, utility model or design that has already been filed and has not yet been granted, or three-dimensional shape information relating to a three-dimensional trademark from the right-holder terminal and registers it in the intellectual property information. Processing,
A process of providing the three-dimensional shape information in a command format capable of instructing modeling with respect to the modeling means for the user terminal that has transmitted the use request information;
When the sale information received from the right holder's terminal satisfies the above usage agreement conditions, the electronic procedure documents that must be submitted to the JPO are automatically associated with the assignment or licensing of the industrial property rights related to the sale information. Process to create,
A process for permitting access to the created electronic procedure document for the user terminal that has transmitted the use request information that is the basis of the use contract condition;
An industrial property rights utilization system characterized by being configured to execute

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