WORLDWIDE ONLINE MARKETPLACE FOR PATENTS
BACKGROUND
The present invention relates to an online exchange for intellectual property ("IP"). In particular, the present invention relates to an exchange available via the Internet that facilitates third party assertion of IP rights, triage prior to abandonment, donation of IP, sale of IP during bankruptcy, propagating invention disclosures, procuring prior art, procuring incidents of infringement, third party enforcement of IP rights and other transactional situations related to intellectual property.
The value and importance of intellectual property is significantly increasing with the advent of the information age. However, the marketplace for IP, as well as its ancillary products and services has largely remained unstructured and decentralized. Other markets that are more mature, such as the sale of manufactured goods or real estate, have established efficient and well understood forums for marketing such items of value. Presently there is a lack of an effective central forum or procedure to implement the sale or licensing of items and services relating to IP. Various commercial situations present a need for ready access to IP, such as patents arid ancillary services, which are available on the marketplace. In addition, there is a need to be able to ascertain how to commercialize a particular IP. Typically, over half of validity lawsuits are decided in favor of patent holders. Invalidating a patent in patent lawsuits or licensing negotiations can often make a significant difference in payments and damages. Currently, negotiations are conducted one-on-one without much automatic means to share information between the companies being targeted by a common aggressor. Therefore each company being targeted by the aggressor is duplicating efforts in terms of prior art studies, claim interpretations, inventorship, and other areas of evaluation of the IP being asserted.
One commercial situation in which ready knowledge of IP available for sale or license arises is in conjunction with a license negotiation or pending litigation involving an aggressor's assertion of their IP rights. A license resultant from the assertion of IP rights typically results in a royalty income for one party and a royalty expense for the other party. The aggressor or target of such aggression may be able to increase the strength of their position by obtaining the right to assert third party IP against an opposing party. In particular, a target may look to third party IP if they do not have sufficient IP to negotiate a cross license and avert litigation.
Patent triage presents another scenario that could benefit from an automated IP exchange. In the U.S., over half of patents are abandoned before going full term, and a significant percentage are abandoned within the first eight years. In Germany and France, more than half of the patents are dropped in the first eight years and only one-quarter have a lifetime above thirteen years. In the U.S. alone, about 70,000 patents are abandoned annually, and that number will go up dramatically as more patents are issued. Selling patents that would otherwise be abandoned can be the source of otherwise unrecovered funds. Potential buyers might include: IPO- candidates without patents, new ventures looking for funding, companies who want to rapidly increase their patent positions without additional R&D, and companies that frequently get attacked. Companies often drop patents due to changing business strategies (e.g., no longer making wireless phones). It does not necessarily mean that such patents have no value to others in the wireless phone business.
An increasing number of companies (well over 50 in the last 3 years) are making donations of non-strategic IP (typically including know-how) to reduce tax liabilities. The value of such donations can range generally between $3M to upwards of $50M.
Traditionally, companies look to build their patent portfolios by either R&D, which then results in patents, or by acquiring patents from others. Rarely do companies purchase invention disclosures for the sole purpose of building patent portfolios (as opposed to buying R&D in progress for product development), and rarely through the Internet. Problems with a business model currently used by on-line exchanges relate to the industry's reliance on licensing initiated only by the owner of the IP rights. Typically, prospective licensees (i.e., infringers) are not motivated to spend time searching an on-line database to voluntarily look for opportunities to pay royalties. In addition, the licensors (i.e., the patent holder, more specifically those responsible for licensing negotiations) do not have the breadth of knowledge necessary to detect infringement. Detecting infringement requires significant technical expertise and knowledge pertaining to an industry. Patent holders may not have the personnel resources, time or money to fund such research.
SUMMARY
Accordingly, the present invention provides a method and system for facilitating online marketplace of intellectual property rights through storing data relating to an opportunity to enforce rights associated with an intellectual property, making stored data and related functionality available for querying via online access, and transmitting stored data relating to an enforcement opportunity associated with an intellectual property that correlates with a query.
The intellectual property to be facilitated in the online market place can be a patent. The received data relating to an opportunity to enforce rights associated with an intellectual property is through a computer network and can be submitted anonymously. The query and use of the data stored under this invention can be done anonymously through a network access device and the Internet or Intranet.
Prior to any negotiations between the parties involved in the enforcement opportunity, the parties agree to a binding electronic confidentiality agreement. Generally, the enforcement opportunity is adverse to a particular entity and involves infringement of patent rights related to a company, product, or industry. The information related to an enforcement opportunity is received from a purveyor of the intellectual property rights who has no material interest in the exchange of information, and generated by an entity providing the marketplace, or the agent of the entity providing the marketplace.
The person transmitting the information relating to an enforcement opportunity can offer to acquire an interest in the enforcement opportunity associated with the intellectual property which entails authorization to enforce patent rights among the intellectual property rights.
This invention can also calculate commission based upon an amount of the transaction. The party transmitting the information relating to an enforcement opportunity can also post an offer to convey an interest in the enforcement opportunity associated with the intellectual property. In an exemplary embodiment, the amount of the offer may depend on market feedback. For example, if no one responds to the amount offered for an infringement lead, the posted offer is increased. This conveyance of interest can include request to enforce patent rights against a particular infringer, and acquisition of the intellectual property.
Through the use of this invention a party can perform a technical analysis of the intellectual property and transmit an indicator associated with deduced merits of the analysis.
This indicator is a scaled rating indicative of the magnitude of an enforcement opportunity based upon the technical analysis. The indicator can also be a commentary descriptive of an enforcement opportunity related to the technical analysis.
This invention relates to a computer implemented method for facilitating, anonymously if desired, transaction involving intellectual property rights, which includes the steps of receiving information from an investor relating to investment in an enforcement of intellectual property rights, receiving information from a purveyor relating to funding an activity enforcing intellectual property rights, and transmitting information indicative of a correlation between the information received relating to the investment and enforcement of intellectual property rights. The intellectual property can be a patent. Again, the investor and purveyor of intellectual property agree to execute a binding electronic confidentiality agreement. The information exchanged between the parties relates to enforcement of detailed intellectual property rights against a targeted infringer. The information received from the potential purveyor can relate to a particular product type, industry, and third party. This invention can also facilitate completion of a transaction transferring intellectual property rights from the purveyor to the buyer and calculation of commission based upon an amount of the transaction. Furthermore, in lieu of completing a transaction relating to the intellectual property rights where the transaction meets a predetermined reserve condition, a purveyor may opt to remit a default commission or a purveyor may opt to convey a predetermined subset of the intellectual property rights for a predetermined reserve condition. The reserve condition may include by way of non-limiting example, a reserve price.
This invention further facilitates an exchange of intellectual property through storing data relating to an opportunity to enforce rights associated with an intellectual property, receiving an inquiry relating to opportunities to enforce intellectual property rights, and transmitting stored data relating to an opportunity to enforce rights associated with an intellectual property that correlates with the inquiry. The receipt and transmittal of data is accomplished through a communications network.
Moreover, this invention through the use of a computer implemented method facilitates an anonymous exchange, and receipt and query of intellectual property by posting information descriptive of a patent for which information regarding an enforcement opportunity is sought.
The parties exchanging the information are the owner of the identified intellectual property and a party with information regarding the patent infringement. This invention can calculate commission based upon the value of intellectual property. The parties can agree to execute a binding electronic confidentiality agreement before the start of negotiations. Even further, this invention also facilitates an exchange of intellectual property through the use of computer implemented method classification of information descriptive of an intellectual property according to a condition of accelerated transfer, posting data descriptive of an intellectual property, such that the data is available via online access, receiving an inquiry relating to intellectual property classified as available for accelerated transfer, and correlating the stored data relating to the intellectual property with the inquiry.
The condition of accelerated transfer can be a patent portfolio triage. A patent portfolio triage arises in portfolio liquidation related to bankruptcy. A portfolio triage includes the serial number of a patent and date of abandonment, a date related to bankruptcy proceedings associated with the patent and a minimum sale price. In an exemplary embodiment, the minimum sale price may depend on market feedback. For example, if no one responds to the portfolio triage the minimum sale price is reduced.
The purveyor must commit to complete a transaction relating to the intellectual property rights where the transaction meets, a predetermined reserve condition, or in lieu of completing a transaction, a purveyor may opt to remit a default commission. Also the purveyor may convey a predetermined subset of the intellectual property rights for a minimum sale price, in lieu of completing a transaction relating to the intellectual property rights where the transaction meets a predetermined reserve condition. The reserve condition may include by way of non-limiting example, a reserve price.
This invention through a computer implemented method facilitates an exchange of intellectual property by storing data descriptive of a potential donee for an intellectual property, receiving a query relating to donee potentially available to accept intellectual property available for donation, and transmitting information comprising a correlation of the data descriptive of the potential donee and the intellectual property available for donation.
The transmitted data is descriptive of an intellectual property available for donation and is exchanged upon receiving an inquiry relating to a intellectual property available for donation, and correlation with the data available for donation.
This invention with the use of computer implemented method facilitates an anonymous if desired, exchange of intellectual property by listing availability of an invention disclosure, receiving an inquiry relating to availability of an invention disclosure with particular attributes; and transmitting information comprising a correlation of the data descriptive of the invention disclosure and the particular attributes. The communication between the parties is detailed information relating to transaction and between an owner of the invention disclosure and a party inquiring into availability of an invention disclosure with particular attributes. The parties may agree to execute a binding electronic confidentiality agreement before start of negotiations.
This invention also facilitates exchange, anonymously if desired, through the use of computer implemented method, posting a description of subject matter for which an invention disclosure is solicited, receiving an inquiry relating to solicited invention disclosure subject matter, transmitting information comprising a correlation of the data descriptive of the invention disclosure subject matter and the inquiry, and receiving data descriptive of an invention disclosure relating to the subject matter.
The parties may agree to a binding electronic confidentiality agreement before start of negotiations. This invention also facilitates compensation relating to a transaction of the invention disclosure, when the transaction precedes the filing of a patent application containing the subject matter of the invention disclosure, and also calculates a commission relating to a transaction involving a transfer of rights related to the invention disclosure. In an exemplary embodiment, the compensation for a transaction related may depend on market feedback. For example, if no one responds to the amount posted for invention disclosure, the posted amount is increased.
This invention through a computer system facilitates transaction involving intellectual property rights by a computer with memory and processor, and executable software in the computer memory where the software is operative with the processor to receive information from an investor relating to investment in an enforcement of intellectual property rights, receive information from a purveyor relating to funding an enforcement of intellectual property rights,
and transmit information indicative of a correlation between the information received relating to the investment and enforcement of intellectual property rights.
This invention relates to a computer data signal embodied in a digital data stream for facilitating a transaction involving intellectual property rights, where the computer data signal is generated by receiving information from an investor relating to investment in an enforcement of intellectual property rights, receiving information from a purveyor relating to funding an enforcement of intellectual property rights, and transmitting information indicative of a correlation between the information received relating to the investment and enforcement of intellectual property rights. This invention relates to facilitating an exchange of intellectual property through use of a computer, with a memory and a processor, and executable software residing in the computer memory where the software operates with the processor to store data relating to an opportunity to enforce rights associated with an intellectual property, where the data can facilitate a technical analysis, make stored data available for a query, and transmit stored data relating to an enforcement opportunity associated with an intellectual property that correlates with the query.
This invention relates to a computer data signal embodied in a digital data stream for facilitating an exchange of intellectual property, where the computer data signal is generated by storing data relating to an opportunity to enforce rights associated with an intellectual property, where the data can facilitate a technical analysis, making stored data available for a query, transmitting stored data relating to an enforcement opportunity associated with an intellectual property that correlates with the query.
This invention relates to a computer system that facilitates an exchange of intellectual property through a computer, wherein the computer comprises a memory and a processor, and executable software residing in the computer memory where the software operates with the processor to receive information descriptive of a target party, analyze technology produced or used by the target party, identify intellectual property relating to the analyzed technology, and transmit information descriptive of an enforcement opportunity relating to the identified intellectual property, and involving the analyzed technology.
This invention relates to a computer data signal embodied in a digital data stream that facilitates an exchange of intellectual property, where the computer data signal is generated by
receiving information descriptive of a target party, analyzing technology produced or utilized by the target party, identifying intellectual property relating to the analyzed technology, and transmitting information descriptive of an enforcement opportunity relating to the identified intellectual property, and involving the analyzed technology. This invention relates to a computer system that facilitates an exchange of intellectual property where a computer with a memory and a processor, executable software store data descriptive of an intellectual property, provide a classification indexing scheme to categorize the data descriptive of the intellectual property, receive an inquiry relating to a scope of protection relating to the intellectual property, and make available online stored data relating to the intellectual property and correlate with the inquiry, where the stored data comprises information identifying the intellectual property as available under condition of accelerated transfer.
This invention relates to a computer data signal embodied in a digital data stream that facilitates an exchange of intellectual property by storing data descriptive of an intellectual property, providing a classification indexing scheme to categorize the data descriptive of the intellectual property, receiving an inquiry relating to a scope of protection relating to the intellectual property, and making available online stored data relating to the intellectual property and correlating with the inquiry, where the stored data comprises information identifying the intellectual property as available under condition of accelerated transfer:
This invention relates to a computer system that facilitates an exchange of intellectual property with a computer, where the computer with a memory and a processor, and executable software residing in the computer memory with the software operates with the processor to receive data descriptive of a potential donee for an intellectual property, receive information descriptive of an intellectual property potentially available for donation, and transmit information comprising a correlation of the data descriptive of the potential donee and the information descriptive of the intellectual property potentially available for donation.
This invention relates to a computer data signal embodied in a digital data stream that facilitates an exchange of intellectual property, where the computer data signal is generated by receiving data descriptive of a potential donee for an intellectual property, receiving information descriptive of an intellectual property potentially available for donation, and transmitting
information comprising a correlation of the data descriptive of the potential donee and the information descriptive of the intellectual property potentially available for donation.
This invention relates to a computer system that facilitates an exchange of intellectual property with a computer with a memory and a processor, and executable software that is operative with the processor to receive data descriptive of an invention disclosure which is available for transfer, receive information relating to availability of an invention disclosure with particular attributes, and transmit information comprising a correlation of the data descriptive of the invention disclosure and the particular attributes.
This invention relates to a computer data signal embodied in a digital data stream that facilitates an exchange of intellectual property, where the computer data signal is generated by receiving data descriptive of an invention disclosure, receiving an inquiry relating to availability of an invention disclosure with particular attributes, and transmitting information that represents correlation of the data descriptive of the invention disclosure and the particular attributes.
This invention relates to a computer system that facilitates an exchange of intellectual property by a computer with a memory and a processor, and executable software residing in the computer memory that is operative with the processor to receive information descriptive of an infringement of intellectual property, receive an inquiry relating to availability of information descriptive of an infringement of an intellectual property, and transmit information comprising a correlation of the information descriptive of an infringement of intellectual property and the inquiry.
This invention relates to a computer data signal embodied in a digital data stream that facilitates an exchange of intellectual property, where the computer data signal is generated by receiving information descriptive of an infringement of intellectual property, receiving an inquiry relating to availability of information descriptive of an infringement of an intellectual property, and transmitting information comprising a correlation of the information descriptive of an infringement of intellectual property and the inquiry.
This invention relates to a computer implemented method that facilitates an online marketplace of intellectual property rights through posting information descriptive of intellectual property available from one or more posting parties, and posting a subjective indication of commercialization prospects related to the intellectual property, where the indication is derived
from a technical analysis provided by a party independent of the posting parties. The subjective indicator is provided for all properties within a select category and the technical analysis is performed by a provider of the online marketplace of intellectual property rights.
This invention relates to a computer implemented method of facilitating an online marketplace of intellectual property rights by assembling one or more of intellectual property enforcement opportunities into an investment fund, posting details relating to the fund, and facilitating investment in the fund. The posting includes subjective indication identifying the investment characteristic, risk level, industry type and revenue potential of the fund.
This invention relates to a computer implemented method of facilitating an online marketplace of intellectual property rights by receiving from a prospective buyer a solicitation regarding patents available for sale, making the solicitation available for online query to prospective sellers, receipt of response from a prospective seller to the solicitation, followed by transmittal of prospective seller's response to a prospective buyer.
The details of one or more embodiments of the invention are set forth in the accompanying drawings and the description below.
DESCRIPTION OF THE DRAWINGS
FIG. 1 presents a method of facilitating an online marketplace of IP rights. FIG. 2 presents a method and exemplary GUI interface for facilitating transfer of IP enforcement action investment. FIG. 3 presents a method and exemplary GUI interface for facilitating IP accelerated transfer.
FIG. 4 presents a method and exemplary GUI interface for facilitating transfer of IP donations.
FIG. 5 presents a method and exemplary GUI interface for facilitating transfer of an invention disclosure.
FIG. 6 presents a method for communications between parties relating to transfer of IP. FIG. 7 presents an exemplary GUI interface for user information for the Exchange Server.
FIG. 8 presents a network diagram for facilitating an online marketplace of IP rights.
DETAILED DESCRIPTION
The present invention provides an online method and system to facilitate transactions involving intellectual property ("IP") rights.
Referring first to FIG. 1, a computerized method for an online exchange for Intellectual Property ("IP") is described. The method can include a user logging into an IP Marketplace
Exchange System ("Exchange Server") 100. The user can then make a menu selection or operate some other programmable interactive device to select a search function or to supply information to the Exchange Server 101. The type of transaction can also be selected 102. Transactions can include IP enforcement action investment 103, IP accelerated transfer 104, IP donation 105, invention disclosure transfer 106, and other offered services.
Referring next to FIG. 2a, an Exchange Server can be used to facilitate and structure a transaction involving IP rights related to investment in an enforcement action. The Exchange Server stores data relating to an opportunity to enforce rights associated with an IP 201. The Exchange Server makes stored data and related functionality available for querying via online access 202. The Exchange Server transmits stored data relating to an enforcement opportunity associated with an IP that correlates with a query 203. The Exchange Server can also facilitate communications and IP funding or exchange between interested parties 204 as described in
FIG. 6.
The intellectual property can include a patent. The information received can include enforcement of the IP rights against a targeted infringer, a particular product type, a particular industry, or a particular third party.
FIG. 2b illustrates an exemplary graphical user interface ("GUI") that can be used to facilitate an IP investment action. The GUI can include user interactive areas to receive and display data describing the IP involved 220, capital needed to proceed 221, a link to a business plan related to IP enforcement 222, a product area involved 223, and claimed damages 224. A reference number 225 can be used during the exchange of information in lieu of the two parties revealing their identities. In this manner, the first and second parties can have the option of remaining anonymous during the transaction. Upon request of one or both of the parties involved, more detailed identification information can be supplied to the other party.
In another embodiment of the invention, an investor can send information to the Exchange Server relating to an investment in an enforcement of IP rights. A purveyor can receive information from the Exchange Server relating to funding an activity enforcing IP right. The Exchange Server can transmit information indicative of a correlation between the information received relating to the investment and enforcement of IP rights. The Exchange Server can also facilitate communications and IP funding or exchange between the investor and purveyor as described in FIG. 6.
The enforcement of a particular IP right can be brought against a target infringer, a particular product type, a particular industry, or a particular third party. Additionally, information relating to the enforcement opportunity can be transmitted. The enforcement opportunity can be adverse to a particular entity. The entity can include a company, product, or industry, which relates to the IP. The Exchange Server can also perform a technical analysis of the IP and transmit an indicator associated with the analysis.
In another embodiment, a computer implemented method for facilitating a transaction involving IP rights is presented. The Exchange Server receives information from an investor relating to investment in an enforcement of IP rights. The Exchange Server receives information from a purveyor relating to funding an activity enforcing IP rights. The Exchange Server then transmits information indicative of a correlation between the information received relating to the investment and enforcement of IP rights. The Exchange Server can also facilitate communications and IP funding or exchange between the investor and purveyor as described in FIG. 6.
In another embodiment of the invention, the Exchange Server can store data relating to an opportunity to enforce rights associated with an IP right. The Exchange Server can receive an inquiry relating to opportunities to enforce intellectual property rights. The Exchange Server can then transmit stored data relating to an opportunity to enforce rights associated with an IP that correlates with the inquiry. The Exchange Server can also facilitate communications and IP funding or exchange between the investor and purveyor as described in FIG. 6.
In another embodiment of the invention, the Exchange Server can post information descriptive of a patent. The Exchange Server can provide functionality to enable a query of the
posted information. The Exchange Server can receive information descriptive of an infringement related to the patent for which the information is posted. The Exchange Server can also transmit information descriptive of an enforcement opportunity relating to the patent and involving the analyzed technology. The Exchange Server can also facilitate communications and IP funding or exchange between the investor and purveyor as described in FIG. 6.
Referring now to FIG. 3 a, a method for facilitating the exchange of IP rights under accelerated transfer is presented. The Exchange Server classifies information descriptive of an IP according to a condition of accelerated transfer 301. The Exchange Server posts data descriptive of an IP such that the data is available via online access. The Exchange Server receives an inquiry relating to IP classified as available for accelerated transfer. The Exchange Server correlates the stored data relating to the IP with the inquiry. The Exchange Server can then facilitate the communication and exchange of the IP right between the storing and inquiring parties 304 as described in FIG. 6.
The condition of accelerated transfer can include a patent portfolio triage. A patent portfolio triage occurs when a company decides not to pay the maintenance fee on a patent. Instead of abandoning the patent, the company can instead sell the patent. The decision to abandon a patent is not necessarily made because the company believes the patent has no value. The decision can be made because the patent is not currently being practiced or the patent is for an invention that is outside the core competence of a company. The condition of accelerated transfer can also include transferring an IP portfolio related to bankruptcy. For example, a bankruptcy court can order a company in bankruptcy to liquidate its IP. The Exchange Server can facilitate the transfer of these rights using a condition of accelerated transfer. Posting IP on an on-line patent exchange can facilitate a ready sale by including terms and conditions designated by the bankruptcy court involved. The Exchange Server can supply information relating to the bankruptcy proceeding and the IP involved to any interested party. Terms and conditions can include a date by which the transaction must occur, a minimum amount received, or any other considerations that must be adhered to.
FIG. 3 b illustrates an exemplary GUI 311 for facilitating the exchange of IP rights under accelerated transfer. A user can supply the Exchange Server with information relating to the
accelerated transfer of IP. This information can include an IP identification 320, foreign related IP 321, a maintenance due date for the IP 322, a rating for the IP 323, prior licenses of the IP 324, a selling method for the IP 325, a minimum price for the IP 326, a deadline for the sale of the IP 327, a property description 331, other considerations in the sale of the IP 328, and keywords to search for this IP 329. The deadline for the sale can relate to the bankruptcy court or patent abandonment date. The selling method can include, for example, an auction conducted by the patent exchange or other service provider, or private negotiation. Other considerations can include restrictions on who may purchase IP offered for sale or license. This can limit, for example, competitors from acquiring IP. Other considerations can include prior licenses that are still outstanding and valid, as well as other licenses and/or encumbrances. A reference number 330 can also be utilized to maintain anonymity during the early stages of the exchange process. In this manner, the first and second parties can have the option of remaining anonymous during the transaction. Upon request of one or both of the parties involved, more detailed identification information can be supplied to the other party. Referring now to FIG.4a, a method for facilitating a donation of IP is presented. The
Exchange Server stores data descriptive of a potential donee for an IP 401. The Exchange Server receives a query relating to a donee potentially available to accept an IP available for donation 402. The Exchange Server transmits information including a correlation of the data descriptive of the potential donee and the IP available for donation 403. The Exchange Server can then facilitate the communication and exchange of the IP right between the storing and inquiring parties 404 as described in FIG. 6.
The IP right can include a patent. The Exchange Server can receive an inquiry relating to an intellectual property available for donation. The Exchange Server can then transmit data descriptive of the intellectual property available for donation that correlates with the inquiry. FIG. 4b illustrates an exemplary GUI 411 for facilitating the exchange of IP rights between donors and donees. A user can supply the Exchange Server with information relating to the donated IP. This information can include an IP identification 420, foreign related IP 421, a rating for the IP 422, prior licenses on the IP 423, a donated price for the IP 424, a deadline for the donation of the IP 425, other considerations 426, and keywords to search on 427. A reference number 430 can also be used to maintain anonymity during the early stages of the
exchange process. In this manner, the first and second parties can have the option of remaining anonymous during the transaction. Upon request of one or both of the parties involved, more detailed identification information can be supplied to the other party.
Referring to FIG. 5a, a method for facilitating an exchange of IP relating to an invention disclosure is presented. The Exchange Server classifies a listing posted online as including the availability of an invention disclosure 501. The Exchange Server receives an inquiry relating to the availability of an invention disclosure with particular attributes 502. The Exchange Server transmits information including a correlation of the data descriptive of the invention disclosure and the particular attributes 503. The Exchange Server can then facilitate the communication and exchange of the invention disclosure between the interested parties 504 as described in FIG. 6. The payment for the invention disclosure can occur before an IP application, such as a patent application, has been filed.
Classifying information can be accomplished via one database with different types of intellectual property, such as patents involved in triage, patents or other intellectual property related to a bankruptcy, donations of patents or other intellectual property, invention disclosures, or other forms of intellectual property. Each type can be segregated via a query and sorted or presented according to type or other criteria. In another embodiment, classification can be accomplished by storing like types of intellectual property in a homogenous database such that a separate database may be utilized for each type of intellectual property. Similarly, distinct sections or portions of a larger database can be segregated according to the type ot intelletual property.
Referring now to FIG. 5b, a GUI useful to facilitate transfer of invention disclosures 511 can include a user interactive area to input or display an industry sector 520, a target product type 521, an invention synopsis 522, rights 523, transaction type 529, selling method 524, a minimum price 525, the price of the disclosure 526, other considerations 527, and keywords 628.
In another embodiment, a computer implemented method for facilitating an exchange for an invention disclosure is presented. The Exchange Server posts a description of subject matter for which an invention disclosure is solicited. The Exchange Server receives an inquiry relating to solicited invention disclosure subject matter. The Exchange Server transmits information
including a correlation of the data descriptive of the invention disclosure subject matter and the inquiry. The Exchange Server receives data descriptive of an invention disclosure relating to the subject matter. The Exchange Server can then facilitate the communication and exchange of the invention disclosure between the interested parties as described in FIG. 6. For any of the methods described in this invention, the Exchange Server can calculate a commission based upon an amount of the transaction. This commission can be payable to the Exchange Server. The Exchange Server can require a commitment from the selling or leasing party to complete the transaction when the transaction meets a predetermined reserve price. A reserve price is a minimal sale price. If the buyer meets the reserve price, then the sale must be consummated. The selling or leasing party can also remit a default commission or a predetermined subset of the IP rights for a predetermined reserve price. An example of a subset of IP rights can include the right to sue under a patent.
For any of the methods described in this invention, the Exchange Server can help determine a sale price. The Exchange Server can setup or host auctions with open, continuous bidding that is anonymous or public, closed auctions with anonymous bidding, individual negotiations, concurrent negotiations with more than one party, or cross license negotiations. The Exchange Server can require compensation in the event that the exchange obtains a buyer, but the seller decides not to sell. Alternatively, the Exchange Server can receive payment upon closing of the transaction. For any of the methods described in this invention, the Exchange Server can also be used to facilitate the performance of a technical analysis of the IP. This analysis can be transmitted to the parties. A technical analysis is an analysis of the IP rights. For example, the strength of a patent can be determined based on the prior art and the prosecution history. Furthermore, the Exchange Server can facilitate a technical analysis of the IP right compared to the allegedly infringing product. The analysis can include an indicator that includes a scaled rating indicative of the magnitude of the enforcement opportunity based on the technical analysis. This analysis can be represented symbolically (e.g., by a ranking or rating number) or descriptively (e.g., by an explanation of the analysis).
To facilitate the technical analysis, the Exchange Server can maintain a core group of technical experts in active industries or product areas. For example, experts can be made available to provide consultation relating to the electronics, telecom, wireless, ATM/data communications, optical communications, modems, e-commerce, Internet, business methods, computer peripheral/office equipment, or other market areas. Online consultation services can eliminate the need to review large amounts of data, which can be time consuming.
A technical analysis conducted by the Exchange Server can include an analysis directed towards non-core licensing, (i.e., licensing a patent in markets outside of the patent holder's core business). Third party help, which may include technical experts provided by the Exchange Server, or outside experts can be arranged online and subject to a contingency fee arrangement or other compensation. To facilitate third party review, tools can be made available via the Exchange Server, such as citation analysis listing the most highly cited IP rights from prolific inventors. Such analysis can be used as indicators as to which IP rights are likely to be of value. Technologies deemed to possess high potential can be tagged, or otherwise marked, in a database to increase exposure to interested parties. Interested parties can include venture capitalists, new business development managers, new product development planning, initial public offering candidates, new ventures, or other interested entities.
In any of the methods described in this invention, the Exchange Server can make available engineers and competent counsel who can assess intellectual property available on the Exchange Server, as well as a particular product or technology. If desired, an assessment can include an opinion as to whether an IP directly relates to a product or technology. If desired, the Exchange Server can provide technical staff to prescreen IP rights according to predetermined screening criteria. Exchange personnel, such as engineers or patent counsels, can assist a client with the exchange process and identify IP rights, such as patents, that can be offered for exchange.
In methods described in this invention, a GUI associated with an Exchange Server can include areas set aside to contain descriptions of IP. In addition, links can be included to online services containing descriptive matter. For example, a link to an on-line resource with images and/or text of U.S. or foreign patents can be provided.
FIG. 6 illustrates a flow chart relating to communication facilitated by the Exchange Server. The Exchange Server can facilitate communication in any of the transactions involving IP rights discussed in this invention. More particularly, communications can be facilitated in the IP enforcement action investment, IP accelerated transfer, IP donations, invention disclosure transfers, or other services offered.
Interested parties can transmit to the Exchange System their intention to enter into negotiations 601. If appropriate, the Exchange System can facilitate execution of a confidentiality disclosure agreement ("CDA") or non-disclosure agreement binding the parties not to disclose confidential information 602. This can be executed online or offline. For example, the web site may include the CDA as a click-wrap agreement by including the CDA in a listbox with an "Agree" or "Decline" button. To assent to the CDA, the second party would only need to click the "Agree" button. The Exchange System can also be used to facilitate the exchange of detailed information relating to the IP rights between the parties. The Exchange System can also be used to coordinate or otherwise facilitate a meeting between the parties involved 603. The Exchange System can also be used to facilitate negotiation between the parties 604. Negotiation can be facilitated with the assistance of technical personnel, sample terms and conditions, monitoring services, or other ancillary services. A commission based on the amount of the transaction can be paid to the Exchange Server for its use. A commitment may be required from one or both of the parties to complete the transaction when the transaction meets a predetermined reserve price.
FIG 7 illustrates an exemplary web interface 700 including information a user can supply to an Exchange Server. The interface can include user interactive areas 700-718 for inputting and displaying a user's name 710, title 712, address 713, telephone number 714, fax number 715, e-mail address 716, and related industry 717. The interface 700 can also include interactive devices 718, such as a check box, to receive indication of the types of services the user is interested in. Exemplary services can include information pertaining to IP enforcement action investment, IP accelerated transfer, IP donations, invention disclosure transfers, or other services offered.
FIG. 8 presents a system diagram 800 relating to communication facilitated by the Exchange Server. The Exchange Server can facilitate communication in any of the transactions
involving IP rights discussed in this invention. More particularly, communications can be facilitated in the IP enforcement action investment, IP accelerated transfer, IP donations, invention disclosure transfers, or other services offered. The Exchange Server 850 supports the communications needed for the transfer of information between interested parties. The Exchange Server can include an Exchange Server computer 881 that is connected to a computer communications network 820. The computer communication network 820 can include an Internet or Intranet that operates on the TCP/IP protocol. The Exchange Server computer 881 can be connected to one or more additional servers 832 to increase the number of users that can send and receive information. A database 845 can hold the stored, sent, and received information for the Exchange Server. This database 845 can be connected to the Exchange Server computer 881 and the additional servers 832.
Users of the Exchange Server 850 can connect to the Exchange Server 850 computer 881 through the computer communication network 820. Users can access the Exchange Server through many types of computers, including IBM compatible network access devices 801, laptop computers with network access devices 802, and pen computer network access devices 803. Additional co-host servers 807 can also communicate through the computer communications network 820 to the Exchange Server 850. These co-host can support networks 810, such as local area networks, for connection to the Exchange Server 850. The network access devices 804-806 can connect to Exchange Server 850 through the network 810, co-host server 807, and the computer communications network 820.
The communications 860-864 between the Exchange Server 850 and the computer network access devices 801-803, and 807 are known as data signals.
A number of embodiments of the present invention have been described. Nevertheless, it will be understood that various modifications may be made without departing from the spirit and scope of the invention. For example, computers 881, 832, 801-803, and 804-807 can comprise a personal computer executing an operating system such as Microsoft Windows™, Unix™, or Apple Mac OS™, as well as software applications, such as a web browser. Computers 881, 832, 801-803, and 804-807 can also be terminal devices, a palm-type computer WEB access device that adhere to a point-to-point or network communication protocol such as the Internet protocol. Other examples can include TV WEB browsers, terminals, and wireless access devices (such as a
3-Com Palm organizer). The computers 881, 832, 801-803, and 804-807 may also include a processor, RAM and/or ROM memory, a display capability, an input device and hard disk or other relatively permanent storage. Accordingly, other embodiments are within the scope of the following claims.