WO2007090118A2 - Investment funds and their production - Google Patents

Abstract

Disclosed are methods and systems related to investment funds and their production.

Description

INVESTMENT FUNDS AND THEIR PRODUCTION

CROSS REFERENCE TO RELATED PATENT APPLICATIONS

[0001] This application claims priority to U.S. Provisional Application

No. 60/763,463 filed January 30, 2006, herein incorporated by reference in its entirety.

BACKGROUND

[0002] High technology industries are typically driven through a standard life cycle which involves initial work and idea creation, often funded through government funds, transfer to an entity for further development leading to commercialization, sometimes driven through government funds, but often driven through early stage investors, such as what are referred to as "angel investors" (typically a Qualified investor with some expertise in the area of technology), further growth, which is followed by the need to generate further funds for development which by this time is almost always provided exclusively from the realm of venture capital back money, and typically would be institutional venture capital, meaning it is money that is within an investment fund that has been given a specific purpose, and is managed by a professional fund manager whose job it is to identify opportunities for investment, make these and then turn a profit for the fund investors.

[0003] Much of the early stage research performed occurs at the great learning centers, the Universities engaged in research of all types from biomedical research to electronics and computer related research to chemical and physical science research. Universities often have a difficult time attracting investment from qualified investors for their technologies because often the technologies are deemed too early or too risky for investment, not because of problems within the science, but rather because of problems in the amount and timing of the funding that may be needed to get the idea to commercialization. This means that many good technologies can "die on the vine" so speak and this not only harms the individuals and institutions involved in the technologies but also the potential consumers, clients, and patients that may have benefited from the successful completion of the technology. The disclosed methods and systems seek to create an investment fund that can help solve these problems, at least in part. SUMMARY

[0004] Disclosed are methods and systems related to investment funds and their production. Additional advantages will be set forth in part in the description which follows or may be learned by practice. The advantages will be realized and attained by means of the elements and combinations particularly pointed out in the appended claims. It is to be understood that both the foregoing general description and the following detailed description are exemplary and explanatory only and are not restrictive.

BRIEF DESCRIPTION OF THE DRAWINGS

[0005] The accompanying drawings, which are incorporated in and constitute a part of this specification, illustrate embodiments and together with the description, serve to explain the principles of the methods and systems disclosed.

[0006] Figure 1 is an exemplary operating environment;

Figure 2 is a flow diagram illustrating steps in an exemplary method; Figure 3 illustrates relationships generated through use of the disclosed methods and systems, and the synergy thus created; Figure 4 is an exemplary operating environment. DETAILED DESCRIPTION

[0007] Before the present methods and systems are disclosed and described, it is to be understood that the methods and systems are not limited to specific components and as such may vary. It is also to be understood that the terminology used herein is for the purpose of describing particular embodiments only and is not intended to be limiting.

[0008] As used in the specification and the appended claims, the singular forms "a,"

"an" and "the" include plural referents unless the context clearly dictates otherwise. Thus, for example, reference to "an investment fund" includes mixtures of two or more such funds, and the like, hut there is considered support for a "single" such as a single fund, by indicating the same here, in this paragraph, wherever anything, such as a fund is mentioned.

[0009] Ranges may be expressed herein as from "about" one particular value, and/or to "about" another particular value. When such a range is expressed, another embodiment includes from the one particular value and/or to the other particular value. Similarly, when values are expressed as approximations, by use of the antecedent "about," it will be understood that the particular value forms another embodiment. It will be further understood that the endpoints of each of the ranges are significant both in relation to the other endpoint, and independently of the other endpoint.

[0010] It is also understood that there are a number of values disclosed herein, and that each value is also herein disclosed as "about" that particular value in addition to the value itself. For example, if the value "10" is disclosed, then "about 10" is also disclosed. It is also understood that when a value is disclosed that "less than or equal to" the value, "greater than or equal to the value" and possible ranges between values are also disclosed, as appropriately understood by the skilled artisan. For example, if the value "10" is disclosed the "less than or equal to 10"as well as "greater than or equal to 10" is also disclosed. It is also understood that the throughout the application, data is provided in a number of different formats, and that this data, represents endpoints and starting points, and ranges for any combination of the data points. For example, if a particular data point "10" and a particular data point 15 are disclosed, it is understood that greater than, greater than or equal to, less than, less than or equal to, and equal to 10 and 15 are considered disclosed as well as between 10 and 15. It is also understood that each unit between two particular units are also disclosed. For example, if 10 and 15 are disclosed, then 11, 12, 13, and 14 are also disclosed.

[0011] Throughout the description and claims of this specification, the word

"comprise" and variations of the word, such as "comprising" and "comprises," means "including but not limited to," and is not intended to exclude, for example, other additives, components, integers or steps.

[0012] "Optional" or "optionally" means that the subsequently described event or circumstance may or may not occur, and that the description includes instances where said event or circumstance occurs and instances where it does not.

[0013] Disclosed are the components to be used to perform the disclosed methods, systems, as well as the funds themselves to be used within the methods disclosed herein. These and other components are disclosed herein, and it is understood that when combinations, subsets, interactions, groups, etc. of these components are disclosed that while specific reference of each various individual and collective combinations and permutation of these may not be explicitly disclosed, each is specifically contemplated and described herein, for all methods, systems, and funds. For example, if a particular fund is disclosed and discussed and a number of modifications that can be made to a number of attributes of the fund, specifically contemplated is each and every combination and permutation for this fund and any fund, and the modifications that are possible unless specifically indicated to the contrary. Thus, if a class of funds A, B, and C are disclosed as well as a class of funds D, E, and F and an example of a combination fund, A-D is disclosed, then even if each is not individually recited each is individually and collectively contemplated meaning combinations, A-E, A-F, B-D, B-E, B-F, CD, C-E, and C-F are considered disclosed. Likewise, any subset or combination of these is also disclosed. Thus, for example, the sub-group of A-E, B-F, and C-E would be considered disclosed. This concept applies to all aspects of this application including, but not limited to, steps in methods of making and using the disclosed funds. Thus, if there are a variety of additional steps that can be performed it is understood that each of these additional steps can be performed with any specific embodiment or combination of embodiments of the disclosed methods.

[0014] The present methods and systems may be understood more readily by reference to the following detailed description of preferred embodiments of the methods and systems and the Examples included therein and to the Figures and their previous and following description. I. System

[0015] One skilled in the art will appreciate that what follows is a functional description of an exemplary operating environment and that functions can be performed manually, by software, by hardware, or by any combination of manual, software, and hardware. FIG. 1 is a block diagram illustrating an exemplary operating environment for performing the disclosed method. This exemplary operating environment is only an example of an operating environment and is not intended to suggest any limitation as to the scope of use or functionality of operating environment architecture. Neither should the operating environment be interpreted as having any dependency or requirement relating to any one or combination of components illustrated in the exemplary operating environment.

[0016] The methods and systems can be operational with numerous other general purpose or special purpose computing system environments or configurations. Examples of well known computing systems, environments, and/or configurations that can be suitable for use with the system and method comprise, but are not limited to, personal computers, server computers, laptop devices, and multiprocessor systems. Additional examples comprise set top boxes, programmable consumer electronics, network PCs, minicomputers, mainframe computers, distributed computing environments that comprise any of the above systems or devices, and the like.

[0017] In another aspect, the methods and systems can be described in the general context of computer instructions, such as program modules, being executed by a computer. Generally, program modules comprise routines, programs, objects, components, data structures, etc. that perform particular tasks or implement particular abstract data types. The methods and systems can also be practiced in distributed computing environments where tasks are performed by remote processing devices that are linked through a communications network. In a distributed computing environment, program modules can be located in both local and remote computer storage media including memory storage devices.

[0018] Further, one skilled in the art will appreciate that the system and method disclosed herein can be implemented via a general-purpose computing device in the form of a computer 101. The components of the computer 101 can comprise, but are not limited to, one or more processors or processing units 103, a system memory 112, and a system bus 113 that couples various system components including the processor 103 to the system memory 112.

[0019] The system bus 113 represents one or more of several possible types of bus structures, including a memory bus or memory controller, a peripheral bus, an accelerated graphics port, and a processor or local bus using any of a variety of bus architectures. By way of example, such architectures can comprise an Industry Standard Architecture (ISA) bus, a Micro Channel Architecture (MCA) bus, an Enhanced ISA (EISA) bus, a Video Electronics Standards Association (VES A) local bus, an Accelerated Graphics Port (AGP) bus, and a Peripheral Component Interconnects (PCI) bus also known as a Mezzanine bus. The bus 113, and all buses specified in this description can also be implemented over a wired or wireless network connection and each of the subsystems, including the processor 103, a mass storage device 104, an operating system 105, opportunity/investment software 106, opportunity/investment data 107, a network adapter (or communications interface) 108, system memory 112, an Input/Output Interface 110, a display adapter 109, a display device 111, and a human machine interface 102, can be contained within one or more remote computing devices 114a,b,c at physically separate locations, connected through buses of this form, in effect implementing a fully distributed system.

[0020] The computer 101 typically comprises a variety of computer readable media.

Exemplary readable media can be any available media that is accessible by the computer 101 and comprises, for example and not meant to be limiting, both volatile and non-volatile media, removable and non-removable media. The system memory 112 comprises computer readable media in the form of volatile memory, such as random access memory (RAM), and/or non- volatile memory, such as read only memory (ROM). The system memory 112 typically contains data such as opportunity/investment data 107 and/or program modules such as operating system 105 and opportunity/investment software 106 that are immediately accessible to and/or are presently operated on by the processing unit 103. Opportunity/investment data 107 can comprise any data generated in conjunction with identification of a value opportunity, conversion of a value opportunity into benefit, fee management, and benefit opportunity research.

[0021] In another aspect, the computer 101 can also comprise other removable/nonremovable, volatile/non- volatile computer storage media. By way of example, Figure 1 illustrates a mass storage device 104 which can provide non- volatile storage of computer code, computer readable instructions, data structures, program modules, and other data for the computer 101. For example and not meant to be limiting, a mass storage device 104 can be a hard disk, a removable magnetic disk, a removable optical disk, magnetic cassettes or other magnetic storage devices, flash memory cards, CD-ROM, digital versatile disks (DVD) or other optical storage, random access memories (RAM), read only memories (ROM), electrically erasable programmable read-only memory (EEPROM), and the like.

[0022] Optionally, any number of program modules can be stored on the mass storage device 104, including by way of example, an operating system 105 and opportunity/investment software 106. Each of the operating system 105 and opportunity/investment software 106 (or some combination thereof) can comprise elements of the programming and the opportunity/investment software 106. opportunity/investment data 107 can also be stored on the mass storage device 104. Opportunity/investment data 107 can be stored in any of one or more databases known in the art. Examples of such databases comprise, DB2®, Microsoft® Access, Microsoft® SQL Server, Oracle®, mySQL, PostgreSQL, and the like. The databases can be centralized or distributed across multiple systems.

[0023] In another aspect, the user can enter commands and information into the computer 101 via an input device (not shown). Examples of such input devices comprise, but are not limited to, a keyboard, pointing device (e.g., a "mouse"), a microphone, a joystick, a scanner, tactile input devices such as gloves, and other body coverings, and the like These and other input devices can be connected to the processing unit 103 via a human machine interface 102 that is coupled to the system bus 113, but can be connected by other interface and bus structures, such as a parallel port, game port, an IEEE 1394 Port (also known as a Firewire port), a serial port, or a universal serial bus (USB).

[0024] In yet another aspect, a display device 111 can also be connected to the system bus 113 via an interface, such as a display adapter 109. It is contemplated that the computer 101 can have more than one display adapter 109 and the computer 101 can have more than one display device 111. For example, a display device can be a monitor, an LCD (Liquid Crystal Display), or a projector. In addition to the display device 111, other output peripheral devices can comprise components such as speakers (not shown) and a printer (not shown) which can be connected to the computer 101 via Input/Output Interface 110.

[0025] The computer 101 can operate in a networked environment using logical connections to one or more remote computing devices 114a,b,c. By way of example, a remote computing device can be a personal computer, portable computer, a server, a router, a network computer, a peer device or other common network node, and so on. Logical connections between the computer 101 and a remote computing device 114a,b,c can be made via a local area network (LAN) and a general wide area network (WAN). Such network connections can be through a network adapter 108. A network adapter 108 can be implemented in both wired and wireless environments. Such networking environments are conventional and commonplace in offices, enterprise- wide computer networks, intranets, and the Internet 115.

[0026] For purposes of illustration, application programs and other executable program components such as the operating system 105 are illustrated herein as discrete blocks, although it is recognized that such programs and components reside at various times in different storage components of the computing device 101, and are executed by the data processor(s) of the computer. An implementation of opportunity/investment software 106 can be stored on or transmitted across some form of computer readable media. Computer readable media can be any available media that can be accessed by a computer. By way of example and not meant to be limiting, computer readable media can comprise "computer storage media" and "communications media." "Computer storage media" comprise volatile and nonvolatile, removable and non-removable media implemented in any method or technology for storage of information such as computer readable instructions, data structures, program modules, or other data. Exemplary computer storage media comprises, but is not limited to, RAM, ROM, EEPROM, flash memory or other memory technology, CD-ROM, digital versatile disks (DVD) or other optical storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices, or any other medium which can be used to store the desired information and which can be accessed by a computer.

[0027] The methods and systems can employ Artificial Intelligence techniques such as machine learning and iterative learning. Examples of such techniques include, but are not limited to, expert systems, case based reasoning, Bayesian networks, behavior based Al, neural networks, fuzzy systems, evolutionary computation (e.g. genetic algorithms), swarm intelligence (e.g. ant algorithms), and hybrid intelligent systems (e.g. Expert inference rules generated through a neural network or production rules from statistical learning).

[0028] The processing of the disclosed methods and systems can be performed by software components. The disclosed system and method can be described in the general context of computer-executable instructions, such as program modules, being executed by one or more computers or other devices. Generally, program modules comprise computer code, routines, programs, objects, components, data structures, etc. that perform particular tasks or implement particular abstract data types. The disclosed method can also be practiced in grid-based and distributed computing environments where tasks are performed by remote processing devices that are linked through a communications network. In a distributed computing environment, program modules can be located in both local and remote computer storage media including memory storage devices. II. Methods

[0029] Disclosed, and illustrated in FIG. 2, are methods of producing an investment fund comprising identifying a value opportunity at an institution at block 201 ; converting the value opportunity at the institution into obtained value for a fee, typically by an entity at block 202, receiving the fee and designating a portion of the received fee as an investment portion corresponding to the institution within an investment fund at block 203, and funding a benefit opportunity with the investment portion corresponding to the institution, wherein the benefit opportunity provides benefit to the institution from which the value opportunity arose at block 204. The method can return to block 201, creating an investment cycle.

[0030] It is understood that an investment fund can be any vehicle in which money is held and which has a plan or actively moves that money into another type of investment. An investment fund can be an interest bearing fund. So for example, a mutual fund is an example of an investment fund, a venture capital fund is an ex ample of an investment fund, a bank account could be considered an investment fund if the money in the bank account is at sometime in the future used to invest in something else. As used herein, an investment fund is designed to designate a repository for holding money for an investor wherein the investor understands that the money will be used in some form of investment.

[0031] A value opportunity is any situation that can arise where value may be obtained. This can arise for example in discovering an unlicensed patent or patent application and getting a license, or identifying an inventor from a particular university who should be an inventor on a patent assigned to another entity, or identifying a patent which may be infringed. A value opportunity is meant to designate a situation or opportunity that has the potential to be turned into a more valuable asset through some type of work or reposition, for example. A value opportunity can also arise, for example, by discovering that a prior licensee of a trademark is continuing to use the trademark unlawfully, by discovering that a third party is using software copyrighted by the Institution without a license, by discovering that ajny right held by a institution is not being properly enforced, and the like.

[0032] An Institution can be any type of entity, such as an on-going business, such as IBM or Amgen Inc., or a University or College, such as the University of Michigan or Calvin College, a Foundation, such as the Diabetes Foundation, a Research Institute, such as Scripps in San Diego, or any other organization. It is understood that the Institution can be public or private. Also the Institution can be for-profit or a non-profit. Obtain value means that some form of compensation or acquisition has occurred. This can be in the form of monetary means, security, such as stock, or in the form of a cross license for example. Obtaining value simply means that the value opportunity has become worth more by any standard of measurement, but for example, worth more could be in the form of producing a lump sum payment, a royalty producing payment, a trade for access to other intellectual property. It for example, could be any means that increases the net revenue or net reporting income or net value of the institution or managing branch of the institution, such as a Technology Transfer Office.

[0033] A value opportunity can be identified by anyone in or out of the Institution using any means, such as review of records, search engines, statistical analysis, and the like. Identifying a value opportunity at an Institution can comprise reviewing one or more current or expired license agreements between the Institution and any third party, reviewing current and former employees of the Institution and determining company startups and/or patent filings by those current and former employees and/or current employers of former employees, reviewing current and former joint research agreements and sponsored research programs to determining company startups and/or patent filings by parties to the joint research agreements or sponsored research programs, reviewing unlicensed intellectual property of the Institution and determining potential licensees, performing a market analysis on the value opportunity, and the like. Identifying a value opportunity can comprise searching one or more databases comprising FDA data, patent data, market data, research data, and the like.

[0034] Identifying a value opportunity at an Institution can further comprise determining a rate of return or return on investment (ROI) for the value opportunity. ROI is the ratio of money gained or lost on a value opportunity relative to the amount of time and money invested. The amount of money gained or money and time lost may be referred to as interest, profit/loss, gain/loss, or net income/loss. The money or time invested may be referred to as the asset, capital, principal, or the cost basis of the investment. ROI is also known as rate of profit, rate of return or return. Return can also refer to the dollar amount of gain or loss. ROI is the return on a past or current value opportunity, or the estimated return on a future value opportunity. ROI can be used to compare returns on value opportunities where the money gained or lost — or the money invested — are not easily compared using dollar values.

[0035] ROI values that can be determined when identifying a value opportunity include annual rate of return, average rate of return, payback period, net present value, profitability index, internal rate of return, and profitability ratios, which can be used to compare a value opportunity's profitability over time or compare profitability between value opportunities, such as gross profit margin, operating profit margin, ROI ratio, dividend yield, net profit margin, return on equity, and return on assets. Multiple determined ROFs can be used to assign a weight to a value or a benefit opportunity allowing for a risk/reward comparison amongst a plurality of opportunities.

[0036] Converting that value opportunity at the institution into obtained value for a fee can comprise negotiating with a licensee of the Institution for deficient license fees, negotiating with a third party for inclusion of an Institution employee as an inventor on a patent or patent application filed by third party, negotiation with a third party to have the third party take a license to the Institution's intellectual property, commence legal action against a third party or a licensee for any of the preceding reasons, and the like.

[0037] The fee can be any type of payment, such as a percentage of the obtained value, such as an hourly wage, or such as stock or stock options. In certain embodiments the fee is contingent on actually turning the value opportunity into obtained value, in other embodiments the fee can be paid irrespective of whether obtained value is achieved, or it can be any combination of these situations. For example, a straight hourly fee could be agreed upon with a straight bonus of a defined amount upon successfully creating obtained value or an hourly fee could be paid with a contingency amount to be paid upon successfully creating an obtained value. The fee could be a rolling contingency fee. For example, the greater the obtained value the higher the percentage of the obtained value would be paid out as a fee. In short the fee can be any fee structure that is allowed by law.

[0038] Receiving the fee can comprise any method by which monies can be transferred, including but not limited to, a credit card payment, a debit card payment, an electronic funds transfer, a PayPal® payment, a check, cash, and the like. Designating a portion of the fee as an investment portion within an investment fund can comprise establishing an individual investment fund designated for the benefit of the Institution with the designated portion, depositing the designated portion into an existing individual investment fund for the benefit of the Institution, depositing the designated portion into an investment fund established for the benefit of a plurality of Institutions while maintaining a record of respective fund amounts. If the investment fund is an interest bearing fund, the interest can go to any party involved.

[0039] A benefit opportunity is any opportunity that could result in benefit at the institution as the institution would define benefit. A particular type of benefit opportunity is an economic benefit opportunity which is any opportunity the institution provides which could produce an economic benefit to the institution or one of its subsidiaries. In certain embodiments, the benefit opportunity is a company arising from technology at the institution.

[0040] In certain embodiments, a key aspect is that the entity that has earned the fee has predetermined, or determines, that a portion of that fee will be placed in an investment fund such that the portion placed in the investment fund is designated as an investment portion that will be used to create a second obtained value or second value opportunity, also referred to as a benefit opportunity, at the institution from which the identified value opportunity arose that generated the fee. The entity that earned the fee can be involved in the determination of and management of that second obtained value. This portion of the fee can be called the "investment portion" of the fee earned by the entity that created the obtained value for the institution. Thus, in certain embodiments, a portion of the fee earned is designated as an investment portion which is put into an investment fund, as described herein.

[0041] In certain other embodiments, another key aspect is that the investment portion which has been put into the investment fund is designated as being used to the benefit of the institution which provided the value opportunity which turned into obtained value producing the fee. This type of benefit once funded can be referred to as a "fee earned benefit." This benefit to the institution can be any type of benefit. For example, the fee earned benefit could be the use of the investment portion to fund experiments needed to validate a technology for company formation. The fee earned benefit could also be used as an initial seed or even series A funding event for a company coming out of the Institution or associated with the Institution. The fee earned benefit could also be used in certain embodiments to fund national phase filing fees and disbursements of patent applications, for example in the United States or in foreign jurisdictions, such as Europe or Japan. The fee earned benefit could also be used in the form of a research grant to the institution, for example, for a clinical trial or some other type of research. It is understood that while the fee earned benefit will be used for the benefit of the institution, it is important to understand that that the entity which earned the original fee, providing the fee earned benefit, will typically share in future benefit derived from the use of the fee earned benefit by the institution. For example, if the fee earned benefit is used as seed money for the forming of a start up company based on Institutional research then it is understood that the entity that earned the fee, or one of its subsidiaries, would for example, receive stock in the start up company commensurate with the investment and appropriate valuations. Or, for example, if the fee earned benefit is used to fund National Phase patent application filings in the U.S. or foreign countries, for the Institution, the entity that earned the fee or a subsidiary would receive rights to be determined in the National Phase patent applications being paid for with the fee earned benefit.

[0042] It is understood that the fee earned benefit can be used at any time, which can be negotiated between the Institution and the entity earning the fee. For example, the fee earned benefit could be used within 8, 7, 6, 5, 4, 3, 2, or 1 years. It is also understood that the fee earned benefit could be used over a certain period of time, i.e. not having to be all used at a single time.

[0043] It is also understood that within the investment fund it is possible that there could be different investment portions associated with different institutions and upon either prior agreement or post agreement, the Institutions could pool or combine their fee earned benefits to produce a joint benefit opportunity that would benefit both institutions. This is a right that could be given to the entity earning the fee upfront to make these determinations. [0044] Disclosed are methods and systems, wherein the institution is an institution of higher learning wherein the institution of higher learning is a University, wherein the university is a public university, wherein the university is a private university, wherein the university is an American university, wherein the university is foreign university, from for example, Canada or Europe. Also disclosed are methods and systems where the institution is a non-profit or a for-profit institution.

[0045] Disclosed are methods and systems, wherein the value opportunity comprises a patent application or existing patent for which the institution is not receiving the value due the University, or where a University employee is inadvertently not named on a patent application at a second institution, and is determined to be appropriately named, or the Institution is determined to have a patent which is being infringed.

[0046] Disclosed are methods and systems, wherein the fee is paid to an entity that has been granted at least a right of negotiation related to the value opportunity, wherein the fee is determined as a percentage of the value obtained, wherein the investment portion of the fee is a percentage of the total fee, wherein the investment portion used to fund a benefit opportunity is used within a predetermined time, for example, one, two, three, four, five, six, seven, eight, nine, or ten years.

[0047] Disclosed are methods and systems, wherein the benefit opportunity arose from research occurring at the institution from which the value opportunity arose.

[0048] Also disclosed are methods and systems, wherein the investment portion of the fee from the value obtained from a first institution is combined with the investment portion of a fee from the value obtained from a second institution to fund a benefit opportunity that both the first and second institutions will benefit from. It is understood that there is no limit to the number of combinations that could be made.

[0049] Disclosed is a method of managing an investment fund, the investment fund having assets that have been generated through a working relationship between fund managers and investors the method comprising, adjusting the assets and liabilities of the investment fund in response to the result of an action taken by one of the fund managers on behalf of the investor, wherein the action taken comprises obtaining a sum of money for the investor, wherein the sum of money arises from a value opportunity unrelated to the fund.

[0050] Disclosed is a method of operating an investment fund having a plurality of funds, the method comprising creating a plurality of funds, wherein each fund was obtained from an investment from a participant, where the participant obtained the investment through enforcing an intellectual property right and receiving an amount for successfully enforcing the intellectual property right, and wherein a portion of the amount received was identified as becoming part of the investment fund.

[0051] Also disclosed is an investment method comprising, designating a plurality of different value opportunities in which an entity may invest, wherein each of the value opportunities is associated with an institution, applying a weighting to each of the value opportunities according to a determined return on investment, selecting a value opportunity based on the determined return on investment, converting the selected value opportunity into obtained value for a fee, apportioning the fee wherein a portion is designated for investment in a future benefit opportunity associated with the institution from which the selected value opportunity arose, designating a plurality of different benefit opportunities in which the entity may invest, wherein each of the benefit opportunities is associated with the institution from which the selected value opportunity arose, applying a weighting to each of the benefit opportunities according to a determined return on investment, selecting a benefit opportunity based on the determined return on investment, and funding the selected benefit opportunity with the designated portion.

[0052] FIG. 3 illustrates relationships generated through use of the disclosed methods and systems, and the synergy thus created. An entity, such as Investor 301, creates a relationship with an Institution, such as Institution A 302 and Institution B 304. Through these relationships, Investor 301 can identify a value opportunity, such as Value Opportunity A 303 and Value Opportunity B 305. Through the efforts of Investor 301, Institution A 302 and Institution B 304 derive benefit from Value Opportunity A 303 and Value Opportunity B 305, whereby Investor 301 is provided with a fee in the form of monies. The fee can be placed in an investment fund, such as Investment Fund 306. Monies deposited into Investment Fund 306 can be partitioned according to the source of the monies. For example, monies from Institution A 302 can be maintained in partition A 307 and monies from Institution B 304 can be maintained in partition B 309. Monies contained with partition A 307 can be subsequently used to fund a benefit opportunity arising from Institution A 302, such as Benefit Opportunity A 308. Likewise, Monies contained with partition B 309 can be subsequently used to fund a benefit opportunity arising from Institution B 304, such as Benefit Opportunity B 310. Value created through the funding of Benefit Opportunity A 308 and Benefit Opportunity B 310, inure to both the Investor 301 and the respective Institutions. The cycle of value opportunity identification, derivation of benefit from said value opportunity, receipt of fees by Investor 301, and re-investment into a benefit opportunity of the Institution can continue ad infinitum. Additionally, through agreement between Investor 301, Institution A 302, and Institution B 304, monies contained in partition A 307 and partition B 309 can be commingled for use in investment in a joint benefit opportunity of Institution A 302 and Institution B 304, such as Joint Benefit Opportunity A/B 311. Value derived from Joint Benefit Opportunity A/B 311 will be shared amongst Investor 301, Institution A 302, and Institution B 304, with a portion of the value obtained by Investor 301 reserved for investment in either benefit opportunities of Institution A 302, Institution B 304, or both. FIG.4 illustrates an exemplary networked environment wherein the methods disclosed can be practiced. Various computers 101a-e can be in communication via a network such as the Internet 115. This communication can take one or more forms of computer communication, for example, electronic mail, data mining, web- browsing, electronic funds management, Voice Over IP, collaborative electronic whiteboards, and the like. Opportunity/investment software resident on computer 101a under control of an entity, such as an Investor 401, can communicate with software resident on computer 101b under control of an institution, such as an Institution 402. This communication can facilitate the identification of a value opportunity. Opportunity/investment software resident on computer 101a can communicate with software resident on computer 101c under control of any third party opportunity research source, public or private, such as an Opportunity Research 403. This communication can facilitate the research needed, if any, to extract the most value from the identified value opportunity. Opportunity/investment software resident on computer 101a can communicate with software resident on computer 101 d under control of any third party value holder, such as Value Holder 404. This communication can facilitate the generation of benefit from the value opportunity. Opportunity/investment software resident on computer 101a can communicate with software resident on computer lOle under control of any investment fund or financial institution, such as Investment Fund 405. This communication can facilitate the management of fees received from Institution 402 for extracting benefit from the identified value opportunity.

III. Funds

[0054] It is also understood that the funds produced by the above described methods and systems are also disclosed. Disclosed are investment funds comprising a fund wherein the fund comprises at least one investment portion, wherein the investment portion was derived from a portion of a fee that was earned by an entity for producing, or in certain embodiments, attempting to produce, an obtained value from a value opportunity for an institution where the value opportunity arose, and wherein the investment portion of the fund associated with the value opportunity will result in a fee earned benefit for the institution providing the value opportunity.

[0055] Disclosed are investment funds comprising a fund, wherein the fund comprises an investment portion, wherein the investment portion arose came from a value opportunity at an institution; where that value opportunity at the institution turned into an obtained value for a fee earned by an entity, wherein a portion of the fee was designated as an investment portion, such that the investment portion within the fund will be used to fund a fee earned benefit, wherein the fee earned benefit will provide benefit to the institution from which the value opportunity arose.

[0056] It is understood that all of the limitations and characteristics disclosed herein related to the method for production of an investment fund can also be used and modified as needed in association with the funds themselves.

[0057] Also disclosed are financial investment funds for investing in companies, such as early stage companies, having one or more classes of shares, wherein the financial investment fund comprises a contribution amount designated for distribution to a shareholder for funding a company arising from the shareholder in an amount equal to the prorated amount of investment the shareholder initially placed in the fund, wherein the money placed in the fund on behalf of the shareholder arose from a payment the shareholder made for services rendered on behalf of the resolution of an intellectual property issue.

IV. Examples

[0058] The following examples are put forth so as to provide those of ordinary skill in the art with a complete disclosure and description of how the systems, articles, devices and/or methods claimed herein are made and evaluated, and are intended to be purely exemplary and are not intended to limit the scope of the methods and systems.

A. Contingent/stockholder Company

[0059] In this example University Y has noticed that it has been receiving licensing fees for the last four years on a patent produced by Inventor 1 from Licensee 1. University Y is receiving substantial royalties from this patent totaling at least $100,000/year and the royalties are increasing. University Y notices that in the license agreement with Licensee 1, that for any jointly developed technology, Licensee 1 will pay a one time fee of $100,000 as well as .5% increase in total royalty payments. If there is something that is solely invented by Inventor 1, Licensee has a first option to take the new technology at a flat rate of $200,000, and a 1% increase in the royalty rate or they can renegotiate if they determine they do not want the technology or wish to pay less. The Technology transfer office at University Y also notices that they have not received any invention disclosures from Inventor 1 in the related technology for 5 years, and the University knows that Inventor 1 has continued to consult with Licensee 1 over this time period. University Y decides to hire Company 1 to perform due diligence on whether the value opportunity can become an obtained value in this situation. The fee arrangement is that Company 1 will receive 50% of any money or settlement that Company 1 can arrive at.

[0060] Company 1 performs their due diligence and finds that in the last 5 years

Licensee 1 has filed 10 more patent applications, each highly related to the licensed technology. Company 1 continues the due diligence and determines that Inventor 1 has had numerous interactions with the Licensee over the last 5 years. It is also determined two of the patents are actually very related to work that has been going on, and was first going on in Inventor l's laboratory. The due diligence determines that Inventor 1 is very likely a co-inventor on 6 of the 10 patent applications, and likely should have been the sole inventor on 2 of the 10 patent applications, and is likely not an inventor on 2 of the 10 patent applications. The total exposure to Licensee 1 under the existing license is $1,000,000 plus an additional 5% in the royalty rate. Company 1 negotiates with Licensee 1 for a lump sum payment of $1,500,000 and no increase in the royalty rate to avoid litigation, and Inventor 1 is added the patents he should be appropriately added on. [0061] University Y pays Company 1, 50% of the settlement, $750,000. Per the agreement with University Y₃ Company 1 takes 50% of this fee, $375,000, places it into the investment fund, earmarked for a future University Y technology to be chosen and initially managed by Company 1. Thus, University Y has generated value in terms of a cash payment for the university and has also generated a reserve fund for the economic development of a technology to come out of their university at a point to be decided in the future.

B. Fee for Infringement is Used for Company and National Phase Applications

[0062] In this example University Y has noticed that it has a patent application which it has not licensed out, but which it believes is being infringed by a Pharma Corp. University 1 does some initial due diligence and believes that a reasonable royalty would be 1% of sales and that this would net $2,000,000 on current sales and that if they can get the patent application issued there would be approximately 15 years of enforcement. The Technology transfer office at University Y contacts Company 1 to due an analysis as to the value of their patent application, taking into account the chance it will issue, the chance they would have to enforce the patent rather than get a license done, and the total value of the opportunity. Company 1 performs the due diligence and provides University Y with an adjusted value of the opportunity at between $5,000,000 and 10,000,000 adjusting for market conditions, competing products, chance of success in the patent office and overall chance of success if litigation occurs. University Y grants to Company 1 the right of negotiation and settlement for the particular patent understanding that if litigation must occur, the state Attorney General of University Y will become involved. The fee arrangement is that Company 1 will receive 60% of any money or settlement that Company 1 can arrive at either through negotiation or litigation, with 30% of this going to Company 1 in fees and 70% going into an investment portion of a fund for a future fee earned benefit for University Y. Company 1 proceeds to negotiate with Pharma Corp and is able to arrive at a lump sum settlement of $3,000,000, as this, for a net present value, is in range with the total value opportunity. Company 1 and Pharma Corp contract the $3,000,000 payment.

[0063] Company 1 receives the $3,000,000 settlement and pays to University Y,

$1 ,200,000, or 40% of the settlement. Per the agreement with University Y, Company 1 takes 20% of the remainder or 540,000 in direct disbursements and places the remainder (70% of the fee), $1,260,000 and places this into an investment fund as an investment portion for University Y to be used at a later date for a fee earned benefit for a University Y benefit opportunity. At a point in the future, it is determined that $1,000,000 of this will act as seed funding for a start-up company out of University Y and $260,000 will be diverted to a subsidiary of Company 1 to be used for National phase filing and prosecution for a promising portfolio of University Y, but for which they do not yet have a licensee or partner. Thus, University Y has generated value in terms of a cash payment for the university and has also generated a reserve fund for the economic development of a technology to come out of their university at a point to be decided in the future.

[0064] While the methods and systems have been described in connection with preferred embodiments and specific examples, it is not intended that the scope of the methods and systems be limited to the particular embodiments set forth, as the embodiments herein are intended in all respects to be illustrative rather than restrictive.

[0065] Unless otherwise expressly stated, it is in no way intended that any method set forth herein be construed as requiring that its steps be performed in a specific order. Accordingly, where a method claim does not actually recite an order to be followed by its steps or it is not otherwise specifically stated in the claims or descriptions that the steps are to be limited to a specific order, it is no way intended that an order be inferred, in any respect. This holds for any possible non-express basis for interpretation, including: matters of logic with respect to arrangement of steps or operational flow; plain meaning derived from grammatical organization or punctuation; the number or type of embodiments described in the specification.

[0066] It will be apparent to those skilled in the art that various modifications and variations can be made in the methods and systems without departing from the scope or spirit of the methods and systems. Other embodiments of the methods and systems will be apparent to those skilled in the art from consideration of the specification and practice of the methods and systems disclosed herein. It is intended that the specification and examples be considered as exemplary only, with a true scope and spirit of the methods and systems being indicated by the following claims.

Claims

Claims

1. A method for producing an investment fund comprising: a. identifying a value opportunity at an institution; b. converting the identified value opportunity into obtained value for a fee; c. receiving the fee and designating a portion of the received fee as an investment portion corresponding to the institution within an investment fund; and d. funding a benefit opportunity with the investment portion corresponding to the institution, wherein the benefit opportunity provides benefit to the institution from which, the value opportunity arose.

2. The method of claim 1, wherein the institution is an institution of higher learning.

3. The method of claim 1, wherein the value opportunity comprises a patent application or existing patent for which the institution is not receiving value due the institution.

4. The method of claim 1, wherein identifying a value opportunity at an institution further comprises determining a return on investment for the value opportunity.

5. The method of claim 1, wherein the fee is paid to an entity that has been granted at least a right of negotiation related to the value opportunity.

6. The method of claim 1, wherein the fee is determined as a percentage of the value obtained.

7. The method of claim 1 , wherein the investment portion of the fee is a percentage of the total fee.

8. The method of claim 1, wherein the investment portion used to fund the benefit opportunity is used within a predetermined time.

9. The method of claim 1, wherein the benefit opportunity arose from research occurring at the institution from which the value opportunity arose.

10. The method of claim 1, wherein the investment portion of the fee from the value obtain from a first institution is combined with the investment portion of a fee from the value obtained from a second institution to fund a benefit opportunity that both the first and second institutions will benefit from.

11. The method of claim 1, further comprising repeating steps a through d.

12. A system for producing an investment fund comprising: a memory, configured for storing data related to a value opportunity; a communications interface, coupled to the memory, configured for exchanging data related to a value opportunity; and a processor, coupled to the memory and the communications interface, wherein the processor is configured to perform a method comprising: a. identifying a value opportunity at an institution; b. converting the identified value opportunity into obtained value for a fee; c. receiving the fee and designating a portion of the received fee as an investment portion corresponding to the institution within an investment fund; and d. funding a benefit opportunity with the investment portion corresponding to the institution, wherein the benefit opportunity provides benefit to the institution from which the value opportunity arose.

13. The system of claim 12, wherein the institution is an institution of higher learning.

14. The system of claim 12, wherein the value opportunity comprises a patent application or existing patent for which the institution is not receiving value due the institution.

15. The system of claim 12, wherein identifying a value opportunity at an institution further comprises determining a return on investment for the value opportunity.

16. The system of claim 12, wherein the fee is paid to an entity that has been granted at least a right of negotiation related to the value opportunity.

17. The system of claim 12, wherein the fee is determined as a percentage of the value obtained.

18. The system of claim 12, wherein the investment portion of the fee is a percentage of the total fee.

19. The system of claim 12, wherein the investment portion used to fund the benefit opportunity is used within a predetermined time.

20. The system of claim 12, wherein the benefit opportunity arose from research occurring at the institution from which the value opportunity arose.

21. The system of claim 12, wherein the investment portion of the fee from the value obtain from a first institution is combined with the investment portion of a fee from the value obtained from a second institution to fund a benefit opportunity that both the first and second institutions will benefit from.

22. The system of claim 12, wherein the processor is further configured to repeat steps a through d.

23. An investment fond produced by the method of claim L.

24. A method of managing an investment fund, the investment fund having assets that have been generated through a working relationship between the fund managers and investors the method comprising: adjusting the assets and liabilities of the investment fund in response to the result of an action taken by one of the fund managers on behalf of the investor, wherein the action taken comprises obtaining a sum of money for the investor, wherein the sum of money arises from a value opportunity unrelated to the fund.

25. A method of operating an investment fund having a plurality of funds, the method comprising: creating the plurality of funds, wherein the each fund was obtained from an investment from a participant, where the participant obtained the investment through enforcing an intellectual property right and receiving an amount for successfully enforcing the intellectual property right, and wherein a portion of the amount received was identified as becoming part of the investment fund.

26. A financial investment fund for investing in early stage companies having one or more classes of shares, wherein the financial investment fund comprises: a contribution amount designated for distribution to a shareholder for funding an early stage company arising from the shareholder in an amount equal to the prorated amount of investment the shareholder initially placed in the fund, wherein the money placed in the fund on behalf of the shareholder arose from a payment the shareholder made for services rendered on behalf of the resolution of an intellectual property issue.

27. An investment fund comprising: a fund wherein the fund contains at least one investment portion, wherein the investment portion came from a donation of a portion of a fee that was earned by an entity for producing, or in certain embodiments, attempting to produce, an obtained value from a value opportunity for an institution where the value opportunity arose, and wherein the investment portion of the fund associated with the institutional value opportunity will result in a fee earned benefit for the institution providing the value opportunity.

28. An investment fund comprising: a fund, wherein the fund comprises an investment portion, wherein the investment portion arose from a value opportunity at an institution; where that value opportunity at the institution turned into an obtained value for a fee earned by an entity, wherein a portion of the fee was designated as an investment portion, such that the investment portion within the fund will be used to fund a fee earned benefit, wherein the fee earned benefit will provide benefit to the institution from which the value opportunity arose.

29. An investment method comprising: designating a plurality of different value opportunities in which an entity may invest, wherein each of the value opportunities is associated with an institution; applying a weighting to each of the value opportunities according to a determined return on investment; selecting a value opportunity based on the determined return on investment; converting the selected value opportunity into obtained value for a fee; apportioning the fee wherein a portion is designated for investment in a future benefit opportunity associated with the institution from which the selected value opportunity arose; designating a plurality of different benefit opportunities in which the entity may invest, wherein each of the benefit opportunities is associated with the institution from which the selected value opportunity arose; applying a weighting to each of the benefit opportunities according to a determined return on investment; selecting a benefit opportunity based on the determined return on investment; and funding the selected benefit opportunity with the designated portion.