TWI463427B - Trading system and trading method of intellectual property right - Google Patents

Description

Trading method of intellectual property rights and its trading system

The invention is a trading method and a trading system, in particular, a trading method and a trading system for intellectual property rights.

Under the development trend of the knowledge economy, more and more enterprises are actively investing resources in the innovative R&D and application management of knowledge assets. For enterprises, intellectual property rights can not only create value through commodification, but also increase barriers to entry and industry. The advantage of competition. Therefore, intellectual property rights have gradually become the focus of corporate value, and even the key factor for companies to profit.

According to the statistics of the Intellectual Property Office of the Republic of China, the number of patent applications in 2009 was nearly 80,000. According to the statistics of the State Intellectual Property Office of China, the number of patent applications reached 970,000 in 2009, with an annual growth rate of 17.9%, from the perspective of the number of patents. Seen, the number of patent applications and the number of patents approved in various countries in the world are showing an increasing trend. Along with the growth trend of patents, the frequency of patent infringement lawsuits has also increased significantly, and litigation compensation or settlement funds have also hit new highs. For example, Chint Group has requested more than 330 million yuan of compensation from Schneider in China. A global settlement agreement was reached, and Schneider paid RMB 157.5 million to Chint Group. The compensation amount is the highest among similar cases in China in recent years.

In order to avoid the impact of patent infringement lawsuits on enterprises, the enterprises accused of infringement must propose corresponding patents to defend or counterattack. However, most enterprises do not have enough patents to deal with patent infringement lawsuits, so that in the face of litigation, most of them are paid The compensation or settlement gold ends. Therefore, how to provide a patent transaction mechanism, so that enterprises can obtain external patents to defend or counterattack in the face of patent infringement lawsuits, and even request technical support to overcome technical problems when they face technical problems within the enterprise. The inventors of this case and those who are engaged in the technical field of this related industry are eager to improve.

In view of this, the present invention provides a method for trading intellectual property rights, comprising the steps of: providing a plurality of accounts; obtaining at least one intellectual property rights case for each account; establishing a intellectual property rights database for storing plural intellectual property rights cases of the plurality of accounts; Receiving a solution to be solved, the solution to be included includes technical problems in the technical field; screening at least one intellectual property rights case that complies with the technical field and solving technical problems from the intellectual property rights database; providing at least one intellectual property rights case and obtaining corresponding compensation fees; Pre-conditions provide a portion of the remuneration fee to the account.

The invention also proposes a method for trading intellectual property rights, comprising the steps of: providing a intellectual property rights database, a smart property rights database storing a plurality of intellectual property rights cases; receiving a solution to be solved, the solution includes technical problems in the technical field; and the self-intelligent property rights data The library screens at least one intellectual property rights case that meets the technical field and solves the technical problem; and obtains at least one intellectual property rights case and pays the corresponding compensation fee.

The invention also proposes a trading system of intellectual property rights, comprising: an account module, storing a plurality of accounts, each account having at least one intellectual property rights case; a intellectual property rights database, a plurality of intellectual property rights cases storing a plurality of accounts; a technical screening module, Receiving a solution to be solved, the solution includes technical problems in the technical field, and the technical screening module selects at least one intellectual property right case that meets the technical field and solves the technical problem in the intellectual property rights database; and the pricing module, screens according to the technical screening module At least one intellectual property right case calculates the corresponding remuneration fee and provides a portion of the remuneration fee to the account according to pre-determined conditions.

The invention provides a database of intellectual property rights for the right holder to store his intellectual property rights case and maintain its validity, and the external enterprise can select the intellectual property rights case that meets the demand according to the technical problems in the technical field, and pay a reasonable remuneration fee to the right. People, in addition, when external companies face technical problems, they can request technical support from the right holders to overcome technical problems, making the use of intellectual property rights cases more efficient.

The detailed features and advantages of the present invention are set forth in the Detailed Description of the Detailed Description of the <RTIgt; </ RTI> <RTIgt; </ RTI> </ RTI> </ RTI> <RTIgt; The objects and advantages associated with the present invention can be readily understood by those skilled in the art.

Please refer to FIG. 1 , which is a trading system for intellectual property rights disclosed in the present invention. In this example, the present invention is preferably applicable to financial institutions, but the present invention is not limited thereto, or may be applied. In the patent and trademark offices, intellectual property rights management agencies. The intellectual property rights trading system of the present invention comprises: an account module 10, an intellectual property rights database 20, a technical screening module 40, and a pricing module 50.

The account module 10 stores a plurality of accounts 11 each having at least one intellectual property right case 12, wherein the account 11 can be an electronic account having an account name and an account password, and the right holder can log in to the electronic account to inquire about the intellectual property rights case 12 Status of rights and related information, such as interest charges derived from the storage of intellectual property rights cases12.

The intellectual property rights database 20 stores a plurality of intellectual property rights cases 12 of the plurality of accounts 11, wherein the intellectual property rights case 12 may be a patent property, a trademark case, a copyright case, and the like related to intellectual property rights, and may be classified according to its technical field. Here, the intellectual property rights database 20 may be used by the right holder, the external enterprise 30 or others to retrieve the intellectual property rights case 12, and may send the information of the newly added intellectual property rights case 12 to the right holder or the external enterprise periodically or in accordance with the technical field. Or others, to achieve the purpose of promoting intellectual property rights case 12. Furthermore, the financial institution can find out the external enterprise 30 that applies the intellectual property rights case in comparison with the content of the intellectual property rights case, and can find the advantage of this intellectual property right case by comparing with other publicly or announced intellectual property rights cases.

The technical screening module 40 receives the solution to be solved 31 provided by the external enterprise 30. The solution 31 includes a technical problem in a specific technical field, such as a heat dissipation problem of a light emitting diode (LED). In addition, the technical screening module 40 can Screening is carried out in the intellectual property rights database 20 in accordance with the technical field to identify intellectual property rights cases that comply with the technical field and solve technical problems.

The pricing module 50 is used to calculate the compensation fee of the intellectual property rights case 12, for example, the authorization fee or the usage fee of different conditions, and can calculate the interest expense derived from the intellectual property rights case 12, where the pricing module 50 is selected for technical screening. After the module 40 has selected the intellectual property rights case 12, the corresponding compensation fee is calculated, and a part of the remuneration fee is provided according to the preset condition to the account 11 of the intellectual property right case 12, for example, 20% of the remuneration fee is deducted from the tax or other The necessary fee is provided to the account of the right holder 11; in addition, the pricing module 50 can calculate the interest expense derived from the intellectual property right case 12 according to specific conditions, for example, the time when the account 11 stores the intellectual property rights case 12, and the interest expense can be extracted by the compensation fee. A certain percentage of payment.

The invention may further comprise: an evaluation module 52, evaluating the value of each intellectual property right case 12, and storing the value in the intellectual property rights database 20, so that the pricing module 50 can calculate the compensation fee based on the value of the intellectual property rights case 12, Can be used to calculate its interest expense. Here, the evaluation module 52 has various evaluation models built therein, such as a cost method, a market method, a income method, an option method, etc., after the intellectual property rights case 12 is input into the evaluation module 52, the evaluation function can be used to evaluate the intellectual property rights. The value of case 12. Furthermore, after the evaluation module 52 estimates the value of the intellectual property rights case 12, the right holder may apply for a loan to the financial institution for the intellectual property rights case 12, and the external enterprise 30 or others may also apply the value of the intellectual property right case 12 to the financial institution or the right. People buy out intellectual property rights cases12.

In addition, the present invention may also include: a maintenance module 54 for maintaining the validity of the intellectual property rights case 12 according to the management conditions, for example, the management condition is six months before the maintenance fee expires, and when a certain intellectual property right case 12 meets the management condition The maintenance module 54 will issue a maintenance notice so that the financial institution can continuously monitor and pay the maintenance fee to the official, or the financial institution can notify the right holder to pay the maintenance fee to the official to maintain the validity of the intellectual property rights case 12.

When the external enterprise 30 has a technical problem in a specific technical field, the smart property right case 12 of the intellectual property right database 20 can be filtered by the technical screening module 40 according to the to-be-solved solution 31, and if the intellectual property right that meets the technical field and solves the technical problem is found, At 12 o'clock, based on the value of this intellectual property rights case 12, the payment module 50 provides a portion of the remuneration fee to the account 11 according to pre-determined conditions, so that the right holder can obtain appropriate remuneration. If the intellectual property rights case 12 that meets the technical field and solves the technical problem cannot be found, the solution to be solved can be provided to the rights holders of each account 11, and the rights holder of each account 11 can design a solution that can solve the technical problem, thereby obtaining the enterprise. External technical support and compensation to the right holder after overcoming technical problems. Thereafter, the scheme conceived by the right holder can apply for intellectual property rights protection according to the agreement between the two parties, and agree how to share the application fee and distribute the remuneration, for example, the right holder applies for intellectual property rights protection, then authorizes the external enterprise to use, or the right holder will apply for the right. For external companies, the external enterprise applies for intellectual property rights protection, or the rights holder and the external enterprise jointly apply for intellectual property rights protection.

Referring to FIG. 2, the method for trading intellectual property rights of the present invention comprises the following steps:

Step 201: Provide a plurality of accounts 11.

The plurality of accounts 11 are stored by the account module 10, wherein the account 11 can be an electronic account having an account name and an account password.

Step 202: Obtain at least one intellectual property right case 12 of each account 11.

Each account 11 has at least one intellectual property right case 12, and the right holder can log in to the account 11 to inquire about the rights status and related information of the intellectual property rights case 12, such as the interest expense derived from the storage of the intellectual property rights case 12.

After this step, it also includes: assessing the value of each intellectual property rights case 12. Here, the value of the intellectual property rights case 12 can be evaluated through various evaluation models such as cost method, market method, income method, and option law. Furthermore, after the evaluation module 52 estimates the value of the intellectual property rights case 12, the right holder may apply for a loan to the financial institution for the intellectual property rights case 12, and the external enterprise 30 or others may also apply the value of the intellectual property right case 12 to the financial institution or the right. People buy out intellectual property rights cases12.

Step 203: Establish a smart property right database 20 for storing a plurality of intellectual property rights cases 12 of the plurality of accounts 11.

The intellectual property rights database 20 stores a plurality of intellectual property rights cases 12 of the plurality of accounts 11, wherein the intellectual property rights case 12 may be a patent property, a trademark case, a copyright case, and the like related to intellectual property rights, and may be classified according to its technical field.

Here, the intellectual property rights database 20 may be used by the right holder, the external enterprise 30 or others to retrieve the intellectual property rights case 12, and may send the information of the newly added intellectual property rights case 12 to the right holder or the external enterprise periodically or in accordance with the technical field. Or others, to achieve the purpose of promoting intellectual property rights case 12.

After this step, it further includes: maintaining the validity of the intellectual property rights case 12 according to the management conditions. For example, if the management condition is six months before the maintenance fee expires, when a smart property right case 12 meets this management condition, a maintenance notice will be issued so that the financial institution can continuously monitor and pay the maintenance fee to the official, or by the financial institution. The right holder is notified to pay the maintenance fee to the official to maintain the validity of the intellectual property rights case 12. In addition, the financial institution can find out the external enterprise 30 that applies the intellectual property rights case in comparison with the content of the intellectual property rights case, and can find out the advantages of this intellectual property rights case by comparing it with other public or announced intellectual property rights cases.

Step 204: Receive a solution to be solved 31, which includes technical problems in the technical field.

Receiving the solution 31 provided by the external enterprise 30, the solution 31 contains technical problems in a specific technical field, such as heat dissipation of a light-emitting diode (LED).

Step 205: Screening from the intellectual property rights database 20 the intellectual property rights case 12 that meets the technical field and solves the technical problem.

The technology screening module 40 is screened in the intellectual property rights database 20 to find smart property rights cases that comply with the technical field and solve technical problems.

Step 206: Provide a smart property right case 12 and obtain a corresponding compensation fee.

If a smart property right case 12 that meets the technical field and solves the technical problem is found, the external enterprise 30 pays the compensation fee to the financial institution based on the value of the intellectual property right case 12. Here, the compensation fee can be calculated based on the value of the intellectual property rights case 12.

Step 207: Provide a part of the remuneration fee to the account 11 according to the preset condition.

A portion of the remuneration fee is provided to the account 11 based on pre-determined conditions, so that the right holder can obtain appropriate remuneration, for example, 30% of the remuneration is provided to the account 11, and the financial institution receives 70% of the remuneration.

If the intellectual property rights case 12 that meets the technical field and solves the technical problem cannot be found, the solution to be solved can be provided to the rights holders of each account 11, and the rights holder of each account 11 can design a solution that can solve the technical problem, thereby obtaining the enterprise. External technical support and compensation to the right holder after overcoming technical problems. Thereafter, the scheme conceived by the right holder can apply for intellectual property rights protection according to the agreement between the two parties, and agree how to share the application fee and distribute the remuneration, for example, the right holder applies for intellectual property rights protection, then authorizes the external enterprise to use, or the right holder will apply for the right. For external companies, the external enterprise applies for intellectual property rights protection, or the rights holder and the external enterprise jointly apply for intellectual property rights protection.

Referring to FIG. 3, the method for trading intellectual property rights of the present invention comprises the following steps:

Step 301: Providing a intellectual property rights database 20, and the intellectual property rights database 20 stores a plurality of intellectual property rights cases 12.

The intellectual property rights database 20 stores a plurality of intellectual property rights cases 12 of the plurality of accounts 11, wherein the intellectual property rights case 12 may be a patent property, a trademark case, a copyright case, and the like related to intellectual property rights. In addition, after evaluating the value of each intellectual property right case 12, the value is stored in the intellectual property rights database 20 to calculate the compensation fee through the value of the intellectual property rights case 12, and can also be used to calculate the interest expense, and the interest expense can be paid. The fee is drawn at a certain rate.

Step 302: Receive a solution to be solved 31, which includes technical problems in the technical field.

Receiving the solution 31 provided by the external enterprise 30, the solution 31 contains technical problems in a specific technical field, such as heat dissipation of a light-emitting diode (LED).

Step 303: Screening from the intellectual property rights database 20 the intellectual property rights case 12 that meets the technical field and solves the technical problem.

The technology screening module 40 is screened in the intellectual property rights database 20 to find smart property rights cases that comply with the technical field and solve technical problems.

Step 304: Obtain the intellectual property rights case 12 and pay the corresponding compensation fee.

If a smart property right case 12 that meets the technical field and solves the technical problem is found, the external enterprise 30 pays the compensation fee to the financial institution based on the value of the intellectual property right case 12. Here, the compensation fee can be calculated based on the value of the intellectual property rights case 12.

If the intellectual property rights case 12 that meets the technical field and solves the technical problem cannot be found, the solution to be solved can be provided to the rights holders of each account 11, and the rights holder of each account 11 can design a solution that can solve the technical problem, thereby obtaining the enterprise. External technical support and compensation to the right holder after overcoming technical problems. Thereafter, the scheme conceived by the right holder can apply for the protection of intellectual property rights and the distribution of fees and rewards according to the agreement between the two parties.

The invention has the following advantages:

(1) Rights holders only need to focus on creative development, and do not need to personally manage or maintain intellectual property rights cases.

(2) The right holder may charge the remuneration expenses or make loans according to the intellectual property rights case of his account, which can effectively promote the will of the right holder to convert his ideas into intellectual property rights cases.

(3) Financial institutions may aggregate the cases of intellectual property rights in their intellectual property rights database, and promote them to different external enterprises according to the differences in their technical fields to enhance the efficiency of trading, authorization or use of intellectual property rights cases.

(4) The financial institution may assist the external enterprise or the right holder to conduct litigation, or replace the external enterprise or the right holder in its own name for litigation. Since the financial institution does not have the acts of manufacturing, selling, using or importing, it may be reduced in litigation. The risk of being counterclaimed.

(5) External enterprises may select smart property rights cases that meet the requirements according to the technical problems in their technical fields, and use the intellectual property rights cases to buy out or request authorization, use, etc., and pay reasonable remuneration expenses (such as buyout fees, authorization fees or Use fees, etc.) to the right holder.

(6) When external enterprises face technical problems, they can request technical support from the right holders to overcome technical problems, making the use of intellectual property rights cases more efficient.

Although the technical content of the present invention has been disclosed in the above preferred embodiments, it is not intended to limit the present invention, and any modifications and refinements made by those skilled in the art without departing from the spirit of the present invention are encompassed by the present invention. The scope of protection of the present invention is therefore defined by the scope of the appended claims.

1. . . Trading System

10. . . Account module

11. . . account

12. . . Intellectual property rights case

20. . . Intellectual property database

30. . . External company

31. . . Solution

40. . . Technical screening module

50. . . Pricing module

52. . . Evaluation module

54. . . Maintenance module

Figure 1 is a schematic diagram of a hardware block of the present invention.

Figure 2 is a schematic flow chart (1) of the present invention.

Figure 3 is a schematic flow chart (2) of the present invention.

Claims (10)

A method for trading intellectual property rights, comprising the steps of: providing a plurality of accounts; obtaining at least one intellectual property rights case for each of the accounts; establishing a database of intellectual property rights for storing the intellectual property rights cases of the accounts; utilizing a technology The screening module receives a solution to be solved, and the solution includes a technical problem in a technical field; the technology screening module filters the intellectual property rights in the intellectual property database to comply with the technical field and solve the technical problem At least one intellectual property right case; when the technical screening module finds the at least one intellectual property right case from the intellectual property right database, the method comprises: calculating, by using a pricing module, at least one intellectual property rights case and obtaining a corresponding compensation fee And providing a portion of the remuneration fee to the account in accordance with a predetermined condition; and when the technical screening module fails to find the intellectual property right case that meets the technical field and solves the technical problem from the intellectual property database The solution to be made to each of the accounts. The method for trading intellectual property rights of claim 1, wherein after obtaining the at least one intellectual property rights case of each of the accounts, the method further comprises: evaluating one value of each of the intellectual property rights cases. The method for trading intellectual property rights of claim 2, wherein the corresponding compensation fee is obtained In the step, the compensation fee is calculated according to the value of the intellectual property right case. The method for trading intellectual property rights of claim 1, wherein after the steps of storing the intellectual property rights cases of the accounts, the method further comprises: maintaining the validity of the intellectual property rights cases according to a management condition. A method for trading intellectual property rights, comprising the steps of: providing a database of intellectual property rights, the intellectual property database storing a plurality of intellectual property rights cases; and receiving a solution by using a technology screening module, the technical solution comprising a technical field a technical problem; the technology screening module screens at least one intellectual property rights case in the intellectual property rights case in the intellectual property database that meets the technical field and solves the technical problem; when the technology screening module is from the intellectual property rights data When the library finds the at least one intellectual property right case, the at least one intellectual property right case is calculated by using a pricing module and the corresponding one of the compensation fees is paid; and when the technical screening module fails to find the technical field from the intellectual property right database When the intellectual property rights case of the technical problem is solved, the solution to be provided is provided to each account. The method for trading intellectual property rights of claim 1, wherein in the step of providing the intellectual property database, the intellectual property database stores one value of each of the intellectual property rights cases. The method for trading intellectual property rights of claim 1, wherein in the step of paying the corresponding compensation fee, the compensation fee is calculated according to the value of the intellectual property right case. A trading system for intellectual property rights, comprising: An account module for storing a plurality of accounts, each of the accounts having at least one intellectual property right case; a smart property rights database storing the intellectual property rights cases of the accounts; a technology screening module receiving a pending solution, the The solution to be solved includes a technical problem in a technical field, and the technical screening module selects at least one intellectual property right case that meets the technical field and solves the technical problem in the intellectual property rights cases in the intellectual property database. The technology screening module provides the solution to each account when the intellectual property rights database fails to find the intellectual property rights case that meets the technical field and solves the technical problem; and a pricing module, according to the technology screening module screening The at least one intellectual property right case calculates a corresponding compensation fee, and provides a portion of the compensation fee to the account according to a predetermined condition. The trading system of intellectual property rights of claim 8 further includes: an evaluation module that evaluates one value of each of the intellectual property rights cases and stores the value in the intellectual property rights database, and the pricing module calculates the value according to the value The remuneration fee. The trading system of the intellectual property rights of claim 8 further includes: a maintenance module for maintaining the validity of the intellectual property rights cases according to a management condition.