WO2020213804A1 - Serveur de transaction de brevet à l'étranger utilisant un système d'application pct et son procédé de transaction de brevet à l'étranger - Google Patents

Serveur de transaction de brevet à l'étranger utilisant un système d'application pct et son procédé de transaction de brevet à l'étranger Download PDF

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Publication number
WO2020213804A1
WO2020213804A1 PCT/KR2019/016818 KR2019016818W WO2020213804A1 WO 2020213804 A1 WO2020213804 A1 WO 2020213804A1 KR 2019016818 W KR2019016818 W KR 2019016818W WO 2020213804 A1 WO2020213804 A1 WO 2020213804A1
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WO
WIPO (PCT)
Prior art keywords
country
pct
auction
transaction
information
Prior art date
Application number
PCT/KR2019/016818
Other languages
English (en)
Korean (ko)
Inventor
진천웅
제대식
김태훈
Original Assignee
주식회사 유팻
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Application filed by 주식회사 유팻 filed Critical 주식회사 유팻
Publication of WO2020213804A1 publication Critical patent/WO2020213804A1/fr

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    • G—PHYSICS
    • G06—COMPUTING; CALCULATING OR COUNTING
    • G06F—ELECTRIC DIGITAL DATA PROCESSING
    • G06F40/00—Handling natural language data
    • G06F40/40—Processing or translation of natural language
    • G—PHYSICS
    • G06—COMPUTING; CALCULATING OR COUNTING
    • G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q30/00—Commerce
    • G06Q30/06—Buying, selling or leasing transactions
    • G—PHYSICS
    • G06—COMPUTING; CALCULATING OR COUNTING
    • G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q50/00—Information and communication technology [ICT] specially adapted for implementation of business processes of specific business sectors, e.g. utilities or tourism
    • G06Q50/10—Services
    • G06Q50/18—Legal services

Definitions

  • the present invention relates to an overseas patent transaction server using a PCT application system and a method for trading overseas patents thereof, and more particularly, for patent rights registered and published in a first country using the PCT (Patent Cooperation Treaty) application system, Overseas patents using the PCT filing system, allowing the buyer to share the burden of the inventors for overseas applications by promoting the transaction of the right to obtain patents before the entry of individual countries with high burdens to expand overseas applications. It relates to a transaction server and its foreign patent transaction method.
  • the patent right is the date of application to the first country in the second country after receiving the priority right when the relevant intellectual property rights filed in the first country through international agreements such as the Paris Treaty are filed in a second country within a certain period. Can be retroactively received.
  • the patent rights of a first country are generally protected in the first country by the patent system of the first country, and in order to obtain the same rights as in the first country in a second country, A separate application from the first country must be applied to obtain a patent registration.
  • the present invention was invented to solve the above-described problems, and for patent rights registered and published in a first country using the PCT (Patent Cooperation Treaty) application system, a patent can be obtained prior to the entry of individual countries with high cost burden. It is to provide an overseas patent transaction server using the PCT application system and its overseas patent transaction method, which allows the purchaser to share the burden of inventors on overseas applications by promoting the transaction of the right to be able to expand overseas applications. The purpose.
  • a foreign patent transaction server using the PCT application system according to an aspect of the present invention for achieving the above object is an overseas patent related to the entry of at least one country's domestic phase from the account of a PCT (Patent Cooperation Treaty) applicant in a first country.
  • PCT Patent Cooperation Treaty
  • An application information receiving unit for receiving transaction application information; A transaction condition determination unit determining whether a predetermined transaction condition is satisfied in response to the application information; An auction period setting unit for setting an auction period within a range of the entry period of the second country of the PCT application corresponding to the PCT applicant when the transaction conditions are satisfied; An auction procedure initiating unit for initiating an auction procedure for an overseas patent transaction of the PCT application based on the application information within the auction period; An electronic contract execution unit for signing an electronic contract for the overseas patent transaction in the second country with the PCT applicant and the successful bidder when a successful bidder for the overseas patent transaction is determined through the auction procedure; And a related information management unit that manages related information including patent progress information and rightsization information in the second country with respect to the overseas patent transaction.
  • the above-described overseas patent transaction server may further include an account providing unit that provides an account to each of the PCT applicants and auction participants who are registered as members.
  • the transaction condition determination unit registers and discloses the application of the first country, which is the basis of the PCT application, is attached with an English translation of the PCT application, and the entry period of the domestic phase is at least based on the second country. Whether or not the set period remains, is determined by the above transaction conditions.
  • the above-described foreign patent transaction server further includes: a stake contracting government that promises a share of the patent right acquired in the second country or profits from the use of the patent right between the PCT applicant, the successful bidder, and the broker of the foreign patent transaction. can do.
  • the auction procedure initiating unit starts the auction procedure based on the contracted application information including the stake.
  • the above-described foreign patent transaction server includes: a cost burden setting unit configured to set the cost for obtaining and disposing of a patent right in the second country for the PCT applicant's PCT application; And an exclusive right setting unit for setting the successful bidder to have an exclusive right on the patent right acquired in the second country.
  • the auction procedure initiating unit starts the auction procedure based on the application information including the cost burden and the exclusive right of the successful bidder.
  • the above-described overseas patent transaction server includes: a site linking unit for linking with a translation site through a network; And an automatic translation unit that automatically translates the PCT application of the PCT applicant into the language of the second country through the linked translation site.
  • the auction procedure initiating unit initiates the auction procedure based on the application information including the translated text translated into the language of the second country.
  • the above-described foreign patent transaction server may further include an information verification unit for checking information including at least one of a public publication, a registration publication, and evaluation information for a basic application of a PCT application filed in the first country.
  • the auction procedure start unit starts the auction procedure by including the information confirmed by the information confirmation unit in the application information.
  • the above-described overseas patent transaction server may further include a public information inquiry unit for inquiring public information disclosed in the second country for the overseas patent transaction.
  • the related information management unit updates the related information based on the inquired public information.
  • the above-described overseas patent transaction server divides the related information into internal information that is granted access rights to the authorized person including the PCT applicant and the successful bidder, and public information that is disclosed so that a third party can view it. It may further include a division part.
  • the above-described overseas patent transaction server may further include an applicant storage unit for matching and storing at least one second country and a plurality of auction participants corresponding to the second country.
  • the auction procedure initiating unit initiates the auction procedure for a second country who wishes to participate in an auction from a second country corresponding to the application information among the second countries stored in the applicant storage unit.
  • the above-described overseas patent transaction method may further include providing an account to each of the PCT applicant and the auction applicant who are registered as members.
  • the application of the first country which is the basis of the PCT application, is registered and published, the English translation of the PCT application is attached, and the entry period of the domestic stage is based on the second country. It is determined by the above transaction conditions whether at least a set period remains.
  • the above-described foreign patent transaction method may further include a step of contracting a patent right acquired in the second country between the PCT applicant, the successful bidder, and an intermediary in the foreign patent transaction or a share of profits from the use of the patent right; have.
  • the auction procedure initiating step starts the auction procedure based on the contracted application information including the stake.
  • the above-described foreign patent transaction method includes the steps of setting the successful bidder to bear the cost for obtaining and disposing of the patent right in the second country for the PCT application of the PCT applicant; And setting the successful bidder to have exclusive rights to the patent rights acquired in the second country.
  • the auction procedure initiating step starts the auction procedure based on the application information including the cost burden and the exclusive right of the successful bidder.
  • the above-described foreign patent transaction method may further include the step of interlocking with a translation site through a network and automatically translating the PCT application of the PCT applicant into the language of the second country through the linked translation site.
  • the auction procedure is started based on the application information including the translated text translated into the language of the second country.
  • the above-described foreign patent transaction method may further include the step of confirming information including at least one of an open publication, a registration publication, and evaluation information for a basic application of a PCT application filed in the first country.
  • the auction procedure initiating step starts the auction procedure by including the information confirmed by the information verification step in the application information.
  • the above-described foreign patent transaction method may further include a step of inquiring public information disclosed in the second country for the foreign patent transaction.
  • the related information management step updates the related information based on the inquired public information.
  • the above-described foreign patent transaction method includes the steps of dividing the related information into internal information to which a viewing authority is granted to an authorized person including the PCT applicant and the successful bidder, and public information disclosed so that a third party can view it; It may further include.
  • the foreign patent transaction method described above may further include matching and storing at least one second country and a plurality of auction participants corresponding to the second country.
  • the auction procedure initiating step initiates the auction procedure for a second country who wishes to participate in the auction of a second country corresponding to the application information among the second countries stored by the storing of the applicant.
  • PCT Patent Cooperation Treaty
  • overseas applications can be expanded by allowing buyers to share the burden of inventors for overseas applications.
  • FIG. 1 is a diagram schematically showing a connection configuration of an overseas patent transaction server using a PCT application system according to an embodiment of the present invention.
  • FIG. 2 is a diagram schematically showing the configuration of an overseas patent transaction server according to a second embodiment of the present invention.
  • FIG. 3 is a diagram showing an example of a selection menu for a second station.
  • FIG. 4 is a diagram illustrating an example of initiating an auction procedure for an unspecified number of second countries.
  • FIG. 5 is a diagram illustrating an example of initiating an auction procedure for a registered auction participation applicant and an unspecified number of people.
  • FIG. 6 is a diagram illustrating an example of confirming information in response to an overseas patent transaction application of a PCT application.
  • FIG. 7 is a diagram illustrating an example of inquiring information published in a second country for a PCT application.
  • FIG. 8 is a flowchart showing a foreign patent transaction method using a PCT application system according to an embodiment of the present invention.
  • first, second, A, B, (a), and (b) may be used in describing the constituent elements of the embodiment of the present invention. These terms are only used to distinguish the component from other components, and the nature, order, or order of the component is not limited by the term.
  • a component is described as being “connected”, “coupled” or “connected” to another component, the component may be directly connected, coupled or connected to the other component, but the component and the other component It should be understood that another component may be "connected”, “coupled” or “connected” between elements.
  • FIG. 1 is a diagram schematically showing a connection configuration of an overseas patent transaction server using a PCT application system according to an embodiment of the present invention.
  • an overseas patent transaction server 200 using a PCT application system includes PCT applicants 22 from various countries who have subscribed to the PCT (Patent Cooperation Treaty) treaty through the network 10. ) Can be registered as a member.
  • the PCT applicant 22 refers to an applicant who has filed a patent application in the country to which he belongs (hereinafter, referred to as'first country 20') and then filed a PCT application using the patent application as a basic application.
  • the overseas patent transaction server 200 targets an unspecified number of countries other than the first country 20 (hereinafter referred to as'the second country 30') for PCT applications of the PCT applicants 22.
  • the overseas patent transaction server 200 may select and register the auction participants 34 who wish to participate in the auction for PCT applications of other countries in the second country 30 in advance, and register the registered auction participants 34 in advance. It is also possible to initiate an overseas patent auction for the PCT applicant 22 in the first country 20 as a target.
  • the auction participants 34 include not only natural persons but also legal persons.
  • FIG. 2 is a diagram schematically showing the configuration of an overseas patent transaction server 200 according to an embodiment of the present invention.
  • the overseas patent transaction server 200 includes an application information receiving unit 202, a transaction condition determination unit 204, an auction period setting unit 206, an auction procedure start unit 208, an electronic contract conclusion unit ( 210), related information management unit 212, account providing unit 214, equity contract government 216, cost setting unit 218, exclusive rights setting unit 220, site linking unit 222, automatic translation unit ( 224), an information confirmation unit 226, a public information inquiry unit 228, a related information classification unit 230, and a applicant storage unit 232.
  • an application information receiving unit 202 includes an application information receiving unit 202, a transaction condition determination unit 204, an auction period setting unit 206, an auction procedure start unit 208, an electronic contract conclusion unit ( 210), related information management unit 212, account providing unit 214, equity contract government 216, cost setting unit 218, exclusive rights setting unit 220, site linking unit 222, automatic translation unit ( 224), an information confirmation unit 226, a public information inquiry unit 228, a related information classification unit 230, and a applicant storage unit 232.
  • the application information receiving unit 202 receives application information of a foreign patent transaction relating to the entry of at least one country into the domestic phase from the account of the applicant of the PCT (Patent Cooperation Treaty) of the first country 20. That is, a person who has applied for a patent in the first country (20) can file a PCT application using the corresponding patent as a basic application, and a foreign patent for a patent that can enter the second country (30) based on the PCT application. You can apply for a transaction. In this case, the application information receiving unit 202, through an account corresponding to the PCT applicant 22, enters the application number, application date, applicant, priority claim number, and entry for the PCT application together with a request signal for overseas patent transaction. You can receive application information including the country where you wish to, the English translation of the relevant PCT application, the publication of the basic application, and the registration publication of the basic application.
  • the application information receiving unit 202 tells the PCT applicant 22 a country in which to enter a PCT application at the expense of the PCT applicant 22 and a country in which overseas patent transactions for the PCT application will be conducted according to an embodiment of the present invention. Separately, you can select the country you wish to enter for PCT applications.
  • the second country 30 refers to a country that will conduct overseas patent transactions through an auction procedure for auction participants 34 or an unspecified number according to an embodiment of the present invention, and PCT application at the expense of the PCT applicant 22 It is distinguished from the country in which domestic entry is proceeding.
  • the application information receiving unit 202 provides the PCT applicant 22 with a selection menu for the second country 30 in which the auction procedure can proceed, and the PCT application from the PCT applicant 22 based on the provided selection menu
  • the second station 30 to enter can be selected.
  • the application information receiving unit 202 is a second country 30 capable of proceeding with the auction procedure in the United States (US), Japan (JP), Europe (EP), and China (CN). ) Is provided as a selection menu, so that the PCT applicant 22 can select the second country 30 that wishes to trade a foreign patent for the PCT application.
  • the transaction condition determination unit 204 determines whether a predetermined transaction condition is satisfied in response to the application information received by the application information receiving unit 202. At this time, the transaction condition determination unit 204 may determine as the transaction condition whether the basic application of the first country 20, which is the basis of the PCT application, has been registered and published. In order to proceed with an overseas patent transaction of a PCT application, it is necessary to disclose it to a person who wishes to purchase the PCT application in the country in which the application is to be entered.
  • the transaction condition determination unit 204 determines whether or not the basic application for the PCT application has been registered and published in the first country 20 as the transaction condition of the PCT application for which overseas patent transaction is desired. I can judge.
  • the transaction condition determination unit 204 may determine whether an English translation of the PCT application is attached as a transaction condition. At this time, if the English translation of the PCT application is not attached, the transaction condition determination unit 204 may receive a predetermined English translation fee from the PCT applicant 22. In this case, the received fee will be applied to the English translation. It can also be judged that the transaction conditions for Korea have been satisfied.
  • the transaction condition determination unit 204 may determine as a transaction condition whether the entry period remains at least a set period based on the second country 30 to which the corresponding PCT application intends to enter.
  • a PCT application In order for a PCT application to enter a second country (30), a translation of the language of the second country (30) is sent to the patent office of the second country (30) within 30 months from the priority date of filing a basic application in the first country (20). And pay the fee for entry into the second country.
  • the PCT applicant 22 since the documented submitter of the entry of the second country 30 of the PCT application must be the PCT applicant 22, the PCT applicant 22 must prepare the documents required by the patent office of the second country 30.
  • the transaction condition determination unit 204 determines whether the entry period of the PCT application remains longer than the set period based on the second country 30 as a transaction condition. can do. For example, if the second country 30 to which the PCT application is to enter is an American, the transaction condition determination unit 204 may determine whether 6 months remain as a period for entering the domestic phase of the United States. . However, the six months described here are only examples to help understanding, and the transaction condition determination unit 204 may set various periods in response to the second country 30 to which the PCT application is to enter.
  • the auction period setting unit 206 sets the auction period within the range of the entry period of the second country 30 of the PCT application. At this time, the auction period setting unit 206 sets the auction period in consideration of the period of preparation for the written submission of the second country 30 after the auction is successful within the range of the entry period of the second country 30 of the PCT application. It is desirable. In this case, in order for the PCT application to enter the second country (30), a document including the translation of the PCT application must be submitted to the second country (30) within 30 months from the priority date of the first country (20). The setting unit 206 may set the auction period in consideration of the document submission period of the PCT application. In addition, the auction period setting unit 206 may set the auction period again within the written submission period, if the auction is still before the written submission period when the auction is reconsidered within the set auction period.
  • the auction procedure initiating unit 208 initiates an auction procedure based on the foreign patent transaction application information of the PCT applicant 22 within the auction period set by the auction period setting unit 206. At this time, the auction procedure initiating unit 208 discloses the application information for the overseas patent transaction to the auction participants 34 participating in the auction of the overseas patent transaction, so that the auction participants 34 actively participate in the auction for the PCT application. It is desirable to be able to participate.
  • the auction procedure initiating unit 208 is the application number, filing date, applicant, priority claim number for the PCT application, the English translation of the PCT application, the publication publication of the basic application, the registration publication of the basic application, and the PCT application.
  • the application information, including translations in the second language, etc., may be transmitted to the account of the auction participant 34 of the second country 30.
  • the auction procedure initiating unit 208 is sent to the second station 30 selected by the PCT applicant 22 from the selection menu of the second station 30 provided to the PCT applicant 22 by the application information receiving unit 202.
  • an auction procedure for the PCT application may be initiated for an unspecified number of people.
  • the auction procedure starter 208 may select auction participants 34 for an unspecified number in response to the second country 30 selected by the PCT applicant 22. I can.
  • the auction procedure initiating unit 208 targets the auction participants A, B, C, D and E of the second country 30.
  • the auction procedure for the PCT application can be started.
  • the auction participant 34 may pay the auction participation fee for the overseas patent transaction of the PCT application and participate in the auction procedure.
  • the auction procedure initiating unit 208 if at least one applicant for auction participation in the second country 30 is registered in advance, the auction procedure for the registered auction participants and the auction participants 34 selected from an unspecified number of participants. You can also initiate. For example, as shown in FIG. 5, there are A and B who are registered in advance to participate in an auction, and C, D, and E among a number of unspecified C, D, E, F, G and H are the auction participants 34. If selected, the auction procedure initiating unit 208 may initiate the auction procedure for the auction participants A and B and the selected auction participants 34 C, D and E.
  • the electronic contract execution unit 210 enters into an electronic contract with the PCT applicant 22 and the successful bidder for overseas patent transactions in the second country 30.
  • the electronic contract execution unit 210 prepares the contract details for the overseas patent transaction in electronic form, and provides the service of the overseas patent transaction according to the PCT applicant 22, the successful bidder, and the embodiment of the present invention for the electronic document.
  • An electronic contract is concluded by each providing broker (hereinafter referred to as a'broker') performing an electronic signature using a public certificate.
  • the related information management unit 212 manages related information including patent progress information and rightsization information in the second country 30 for overseas patent transactions. For example, since the document submission to the second country (30) must be made by the PCT applicant (22), the related information management unit (212) is required to enter the PCT application for the second country (30). ), and can transmit the relevant information of the PCT applicant 32 to the successful bidder of the overseas patent transaction concluded by the electronic contract conclusion unit 210. In addition, the related information management unit 212 may receive and store the progress of the patent office of the second country 30 from the account of the successful bidder after the document of the PCT application is submitted to the second country 30. In addition, the related information management unit 212 may search and store related information disclosed in connection with the PCT application from the patent office of the first country 20 or the second country 30.
  • the account provider 214 provides an account to each of the PCT applicants 22 of the first country 20 and the auction participants 34 of the second country 30 who are registered as members.
  • the account providing unit 214 may provide an account to the PCT applicant 22 determined by the transaction condition determination unit 204 to satisfy the transaction condition.
  • the account providing unit 214 provides an account to the PCT applicant 22 who has a clear intention of overseas patent transaction for the PCT application, thereby preventing the account from being indiscriminately overprovided.
  • the account provider 214 may receive a predetermined fee from the PCT applicant 22.
  • the account providing unit 214 is the second country (30) for the PCT application filed for claiming priority based on the patent previously filed in the first country (20) from at least one second country (30).
  • the account is provided to the auction participants 34 who are willing to acquire rights in At this time, the account provider 214 sets a predetermined fund, and allows the second country 30 who wishes to participate in the auction of the second country 30 that paid the fund in advance to the second country 30 for the PCT application of the first country 20. You can provide an account by judging that you are willing to acquire rights in ).
  • an account may be provided to the auction participants 34 who expressed their intention to participate in the auction for the overseas patent transaction of the PCT application of the first country 20 and paid the set auction participation fee.
  • the funds paid by natural persons or corporations in the second country 30 can be used to pay auction fees for overseas patent transactions, contract settlement fees, fees to brokers, etc.
  • the stake contracting government 216 contracts a share of the patent right acquired in the second country 30 between the PCT applicant 22, the successful bidder, and an intermediary in the foreign patent transaction or the profit from the use of the patent right.
  • the stake contracting government 216 sets the basic share ratio of profits from the use of patent rights or patent rights acquired in the second country 30 between the PCT applicant 22, the successful bidder and the broker, and the PCT applicant 22 It is possible to adjust the preset basic share ratio by reflecting the conditions in the proposed second country 30 and the conditions suggested by the successful bidder of the second country 30.
  • the stake contracting government 216 sets the basic share ratio of profits obtained from the use of patent rights or patent rights acquired in the second country 30 between PCT applicants 22, successful bidders, and brokers as 2: 5: 3.
  • the electronic contract contractor 210 concludes an electronic contract including the stake contracted by the stake contracting government 216.
  • the cost burden setting unit 218 sets the cost for obtaining and disposing of a patent right in the second country 30 for the PCT applicant 22's PCT application so that the successful bidder bears the cost. That is, for the patents registered and published in the first country 20, the cost burden setting unit 218, the successful bidder, obtains the patent right in the second country 30 according to the share ratio agreed by the share contracting government 216. Instead of obtaining and allowing it to be exercised, it is set to bear the cost of entering a second country, requesting for examination, and registering a PCT application.
  • the monopoly right setting unit 220 sets the successful bidder to have the monopoly right for the patent right acquired in the second country 30.
  • the entry of the PCT application into the second country (30) must be made by the PCT applicant (22), but the right to obtain a patent after entering the second country (30) is transferable.
  • (220) may be set to transfer the right to obtain a patent for a PCT application after entering the second country (30) to the successful bidder (30).
  • the exclusive right setting unit 220 may set the PCT applicant 22 and the successful bidder as joint right holders.
  • the ratio of the rights to the patent rights acquired in the second country 30 set by the monopoly right setting unit 220 may be the same as the share ratio agreed by the share contracting government 216, and as an exercise of the patent rights.
  • the rights of the successful bidder and the rights of the PCT applicant 22 as the rights to profits may be separated and each may be set independently.
  • the electronic contract contractor 210 concludes an electronic contract including the cost burden and exclusive right of the successful bidder.
  • the site linking unit 222 may link with the translation site through the network 10.
  • the translation site is a web site that provides an automatic translation service online for free, and is not limited to a specific web site, and may be linked with various web sites.
  • the automatic translation unit 224 automatically translates the PCT application of the PCT applicant 22 into the language of the second country 30 through the linked translation site.
  • the automatic translation unit 224 inputs the full text of the PCT application to the translation site linked by the site linking unit 222, and the inputted PCT application is sent to the second country 30 where the PCT application is to be entered.
  • Translate into language In this case, the auction procedure initiating unit 208 includes the translated text of the PCT application translated into the language of the second country 30 by the automatic translation unit 224 in the application information, so that the auction participants 34 or those who wish to participate in the auction You can transfer it to your account.
  • the application information receiving unit 202 provides the second station 30 when the PCT applicant 22 selects the second country 30 to enter the PCT application.
  • a translation fee for translation into a Korean language can be paid from the PCT applicant (22), through which the translation expert translated into the language of the second country (30) is included in the application information, and the auction participant (34) or It can also be sent to those who wish to participate in the auction.
  • the information verification unit 226 checks information including at least one of a public publication, a registration publication, and evaluation information on a basic application for a PCT application filed in the first country 20. That is, when the information confirmation unit 226 receives the foreign patent transaction application information from the account of the PCT applicant 22 by the transaction application receiving unit 102, as shown in FIG. 6, the received foreign patent transaction application In response to the information, the patent office, patent information search agency, etc. can check the publication of intellectual property that is the first filing of the PCT application, the registration publication, etc. In addition, the information verification unit 226 checks the technology value evaluation information for the prior application of the PCT application through the technology value evaluation agency when the technology value evaluation has been made by an authority with public confidence for the intellectual property that is the first filing of the PCT application.
  • the information verification unit 226 has been illustrated and described as inquiring information through the Korean Intellectual Property Office, the patent information search agency, and the technology value evaluation agency, but the information verification unit 226 provides objective information on PCT applications through various agencies. You can also search.
  • the auction procedure initiating unit 208 includes the information confirmed by the information confirmation unit 226 in the application information and transmits the information to the auction participant 34 of the second country 30 or the auction applicant's account, The auction participant 34 of the second country 30 can provide it as judgment data in deciding whether to purchase the right in the second country 30 for the PCT application.
  • the disclosure information inquiry unit 228 inquires the disclosure information disclosed in the second country 30 regarding the overseas patent transaction of the PCT applicant 22. That is, after the PCT application has entered the second country 30 by the successful bidder of the second country 30, the public information inquiry unit 228 is the public information disclosed in the second country 30. You can search. At this time, the public information inquiry unit 228 automatically translates in real time web pages of the patent office of the second country 30, the patent information search agency, etc. through the translation site, as shown in FIG. 30) can also be viewed in real time for the disclosure information of the PCT application. In this case, the related information management unit 212 updates the related information based on the public information inquired by the public information inquiry unit 228.
  • the related information classification unit 230 can access the related information managed by the related information management unit 212, internal information granted to the authorized person including the PCT applicant 22 and the successful bidder, and a third party. It is classified as public information to be disclosed.
  • the related information classification unit 230 may store public publications, registration publications, and information disclosed in the second country 30 on the basic application of the PCT application registered and published in the first country 20 to a third. It is classified as public information that can be viewed by the person, and the notification of opinion submission and a request for amendment notified from the Patent Office of the second country 30 regarding PCT applications entering the second country 30 can be classified as internal information.
  • the applicant storage unit 232 matches and stores at least one second station 30 and a person interested in participating in the auction corresponding to the second station 30.
  • the applicant storage unit 232 stores the United States (US), Japan (JP), and China (CN) as the second country 30, and A and B as applicants for participating in auctions corresponding to the United States (US).
  • Matching and storing, matching C as an auction participation applicant corresponding to Japan (JP), and matching D, E, and F as an auction participation applicant corresponding to China (CN) may be stored.
  • the application information receiving unit 202 may provide the PCT applicant 22 with the second stations 30 that are matched and stored by the applicant storage unit 232 as a selection menu.
  • FIG. 8 is a flowchart showing a foreign patent transaction method using the PCT application system according to the second embodiment of the present invention.
  • the foreign patent transaction method according to the embodiment of the present invention may be performed by the foreign patent transaction server 200 shown in FIG. 2.
  • the foreign patent transaction server 200 matches and stores at least one second station 30 and a person interested in participating in an auction corresponding to the second station 30 (S202).
  • the overseas patent transaction server 200 stores the United States (US), Japan (JP), and China (CN) as a second country (30), and participates in an auction registered as a member in response to the United States (US).
  • Matches and stores applicants A and B matches and stores auction participants C who have joined as a member in response to Japan (JP), and stores D, E, and F who have joined the auction as members in response to China (CN) Can be saved by matching.
  • the overseas patent transaction server 200 provides accounts to the PCT applicants 22 of the first country 20 and those who wish to participate in the auction of the second country 30 who are registered as members (S204). At this time, the overseas patent transaction server 200 may receive a predetermined fee from the PCT applicant 22 and a person wishing to participate in the auction.
  • the overseas patent transaction server 200 is the second country (30) for a PCT application filed for a priority claim based on the patent previously applied in the first country (20) from at least one second country (30).
  • the account is provided to the auction participants 34 who are willing to acquire rights in ).
  • the overseas patent transaction server 200 sets a predetermined auction participation fee, pays the auction participation fee, and transfers the natural person or corporation of the second country 30 to the first country 20 It is determined that there is an intention to acquire the rights in the second country (30) for the PCT application, and an account can be provided.
  • the funds paid by the auction participants or the auction participants 34 may be used for payment of auction fees, contract conclusion fees, fees to brokers, etc. for overseas patent transactions.
  • the procedure of providing an account to the auction participants 34 participating in the auction of the foreign patent transaction of the corresponding PCT application may be performed before the auction period is set after determining whether the transaction conditions are satisfied.
  • the foreign patent transaction server 200 receives application information for an overseas patent transaction relating to the entry of at least one country into the domestic phase from the account of the PCT applicant 22 in the first country 20 (S206). That is, a person who has applied for a patent in the first country (20) can file a PCT application using the corresponding patent as a basic application, and a foreign patent for a patent that can enter the second country (30) based on the PCT application. You can apply for a transaction. In this case, the overseas patent transaction server 200 uses the account corresponding to the PCT applicant 22, along with the request signal for the overseas patent transaction, and the application number, application date, applicant, priority claim number, and entry for the PCT application. You can receive application information including the country you wish to follow, the English translation of the relevant PCT application, the publication of the basic application, and the registration publication of the basic application.
  • the foreign patent transaction server 200 distinguishes between a country in which a PCT application will be entered at the expense of the PCT applicant 22 to the PCT applicant 22, and a country in which an overseas patent transaction for the PCT application will be conducted according to an embodiment of the present invention. Therefore, you can select the country where you wish to enter the PCT application.
  • the overseas patent transaction server 200 provides the PCT applicant 22 with a selection menu for the second country 30 in which a person wishing to participate in the auction is registered, and the PCT application is entered based on the provided selection menu. Two stations (30) can be selected.
  • the overseas patent transaction server 200 is a second country 30 corresponding to each successful bidder when successful bidders from the United States (US), Japan (JP), Europe (EP), and China (CN) are registered.
  • US United States
  • JP Japan
  • EP Europe
  • CN China
  • the PCT applicant 22 can select the second country 30 to which the foreign patent transaction for the PCT application is desired.
  • the overseas patent transaction server 200 checks information including at least one of the publication, registration, and evaluation information on the basic application of the PCT application filed in the first country 20 (S208). That is, when the foreign patent transaction application information is received from the account of the PCT applicant 22, the overseas patent transaction server 200 responds to the received foreign patent transaction application information through the Patent Office, the patent information search agency, etc. You can check the public notice and registration notice of the intellectual property that is the first filing of the application. In addition, when the technology value evaluation of the intellectual property, which is the first filing of the PCT application, has been evaluated by a publicly trusted institution, the overseas patent transaction server 200 provides the technology value evaluation information for the previous application of the PCT application through the technology value evaluation agency. I can confirm.
  • the overseas patent transaction server 200 is illustrated and described as querying information through the Korean Intellectual Property Office, the patent information search agency, and the technology value evaluation agency, but the overseas patent transaction server 200 has objectivity for PCT applications through various organizations. You can also search for information.
  • the foreign patent transaction server 200 determines whether or not a preset transaction condition is satisfied in response to the application information received from the account of the PCT applicant 22 (S210). At this time, the overseas patent transaction server 200 may determine as a transaction condition whether the basic application of the first country 20, which is the basis of the corresponding PCT application, has been registered and published. In order to proceed with an overseas patent transaction of a PCT application, it is necessary to disclose it to a person who wishes to purchase the PCT application in the country in which it is intended to enter.
  • the overseas patent transaction server 200 determines whether or not the basic application of the PCT application has been registered and published in the first country 20 as a transaction condition of the PCT application for which overseas patent transaction is desired. I can judge.
  • the overseas patent transaction server 200 may determine whether an English translation of the PCT application is attached as a transaction condition. At this time, the overseas patent transaction server 200 may receive a predetermined English translation fee from the PCT applicant 22 if the English translation of the corresponding PCT application is not attached, and in this case, the English translation is provided through the received fee. It can also be judged that the transaction conditions for Korea have been satisfied.
  • the overseas patent transaction server 200 may determine as a transaction condition whether an entry period remains at least a set period based on the second country 30 to which the corresponding PCT application intends to enter.
  • a PCT application In order for a PCT application to enter a second country (30), a translation of the language of the second country (30) is sent to the patent office of the second country (30) within 30 months from the priority date of filing a basic application in the first country (20). And pay the fee for entry into the second country.
  • the PCT applicant 22 since the documented submitter of the entry of the second country 30 of the PCT application must be the PCT applicant 22, the PCT applicant 22 must prepare the documents required by the patent office of the second country 30.
  • the overseas patent transaction server 200 determines whether the entry period of the PCT application remains longer than the set period based on the second country 30 as a transaction condition. can do. For example, the overseas patent transaction server 200 may determine whether 6 months remain as a period for entering the domestic phase of the United States if the second country 30 to which the PCT application is to enter is an American. . However, the six months described here are only examples for better understanding, and the overseas patent transaction server 200 may set various periods in response to the second country 30 to which the PCT application is to enter.
  • the overseas patent transaction server 200 determines that the application for the overseas patent transaction of the PCT applicant 22 satisfies the transaction conditions, the PCT applicant 22 sends the PCT application to the second country (30) through a translation expert. It is possible to inquire whether to translate into the language of) (S212). In this case, when the PCT applicant 22 requests the translation into the language of the second country 30 through a translation expert, the overseas patent transaction server 200 processes the translated text of the second country language translated by the translation expert. Save (S214).
  • the overseas patent transaction server 200 may interwork with the translation site through the network 10.
  • the translation site is a web site that provides an automatic translation service online for free, and is not limited to a specific web site, and may be linked with various web sites.
  • the overseas patent transaction server 200 automatically translates the PCT application of the PCT applicant 22 into the language of the second country 30 through the linked translation site. That is, the overseas patent transaction server 200 inputs the full text of the PCT application to the linked translation site, and translates the full text of the input PCT application into the language of the second country 30 to which the PCT application will be entered (S216). .
  • the overseas patent transaction server 200 sets an auction period within the range of the entry period of the PCT application to the second country 30 (S218). At this time, the overseas patent transaction server 200 may select auction participants 34 for the corresponding PCT application for an unspecified number of second countries 30. In addition, the overseas patent transaction server 200 may select a person who wishes to participate in an auction registered in advance as an auction participant 34 for a corresponding PCT application.
  • the foreign patent transaction server 200 transmits the application information for the foreign patent transaction of the PCT applicant 22 to the account of the auction participant 34 of the second country 30 corresponding to the application information.
  • the overseas patent transaction server 200 is the application number, filing date, applicant, priority claim number for the PCT application, the English translation of the PCT application, the publication publication of the basic application, the registration publication of the basic application, and the PCT application.
  • Application information including translations in the second language may be transmitted to the account of the auction participant 34 of the second country 30 or a person wishing to participate in the auction.
  • the overseas patent transaction server 200 includes the translated text of the PCT application automatically translated into the language of the second country 30 in the translation site through the network 10 and transmits it to the successful bidder or by a translation expert.
  • the translated text translated into the language of the second country 30 may be included in the application information and transmitted to the auction participants 34 or those who wish to participate in the auction.
  • the overseas patent transaction server 200 includes public information on the basic application, registration information, and evaluation information on the patent identified from the first country 20 in the application information, so that the auction participants of the second country 30 By transferring to the account of (34), the auction participant 34 of the second country 30 can provide it as judgment data to proceed with the auction of the rights in the second country 30 for the PCT application.
  • the overseas patent transaction server 200 initiates an auction procedure for the foreign patent transaction of the corresponding PCT application based on the application information transmitted to the auction participants 34 (S220). At this time, when the overseas patent transaction auction of the PCT application is auctioned (S222), the overseas patent transaction server 200 is the patent right acquired in the second country 30 between the PCT applicant 22, the successful bidder, and the broker of the overseas patent transaction. Or, a share of the profits from the use of the patent right is agreed (S224).
  • the overseas patent transaction server 200 sets the basic share ratio of the profits obtained from the use of the patent right or the patent right obtained in the second country 30 between the PCT applicant 22, the successful bidder and the broker, and the PCT applicant 22 It is possible to adjust a preset basic share ratio by reflecting the conditions in the second country 30 suggested by this, and the conditions suggested by the successful bidder of the second country 30.
  • the overseas patent transaction server 200 has a basic share ratio of profits obtained from the use of patent rights or patent rights acquired in the second country 30 between the PCT applicant 22, the successful bidder and the broker, as 2: 5: 3. It is possible to adjust the basic share ratio set according to the share request for the patent right acquired in the second country 30 presented by the PCT applicant 22 and whether or not a license is set.
  • the overseas patent transaction server 200 can set the successful bidder to bear the cost for obtaining and disposing of the patent right in the second country 30 for the PCT application of the PCT applicant 22 for the successful bidder of the overseas patent transaction. have. That is, for the patents registered and published in the first country 20, the overseas patent transaction server 200 receives the patent right from the second country 30 in accordance with the share ratio agreed by the successful bidder. Instead of obtaining and allowing it to be exercised, it can be set to bear the cost of entering a second country for PCT applications, requesting for examination, and registering.
  • the overseas patent transaction server 200 may set the successful bidder of the overseas patent transaction so that the successful bidder has the exclusive right to the patent right acquired in the second country 30.
  • entry of the PCT application into the second country (30) must be made by the PCT applicant (22), but the right to obtain a patent after entering the second country (30) is transferable, so foreign patent transactions
  • the server 200 may be set to transfer the right to obtain a patent for a PCT application after entering the second station 30 to the successful bidder 30.
  • the overseas patent transaction server 200 may set the PCT applicant 22 and the successful bidder as joint right holders.
  • the overseas patent transaction server 200 may set the ratio of the rights to the patent rights acquired in the second country 30 to the same as the share ratio of the profits that can be obtained from the patent rights, and the successful bidder as an exercise of the patent rights
  • the rights of the PCT applicant 22 as rights and rights to profits may be separated and each may be set independently.
  • the overseas patent transaction server 200 determines whether the entry period of the PCT application in the second country 30 remains, if the auction is surrendered within the auction procedure period, and the auction procedure within the remaining period. Can be started again (S226). At this time, in order for the PCT application to enter the second country (30), a document including the translation of the PCT application must be submitted to the second country (30) within 30 months from the priority date of the first country (20). The server 200 may set a re-auction period in consideration of the document submission period of the PCT application.
  • the overseas patent transaction server 200 concludes an electronic contract for the overseas patent transaction in the second country 30 with the PCT applicant 22 and the successful bidder (S228). At this time, the overseas patent transaction server 200 prepares the contents of the contract for the overseas patent transaction in an electronic document, and the PCT applicant 22, the successful bidder, and the overseas patent transaction service according to the embodiment of the present invention are provided for the electronic document. An electronic contract is concluded by each providing broker performing an electronic signature using a public certificate. At this time, the overseas patent transaction server 200 preferably concludes an electronic contract including the cost burden of the successful bidder, the monopoly right, and the share ratio of the profit obtained from the patent right as a contract.
  • the foreign patent transaction server 200 inquires the public information disclosed in the second country 30 after the entry (S230). That is, the foreign patent transaction server 200 is the public information that the PCT application is published in the second country 30 after the PCT application enters the second country 30 by the successful bidder of the second country 30. You can search. At this time, the overseas patent transaction server 200 automatically translates the web pages of the patent office of the second country 30, the patent information search agency, etc. in real time through the translation site, so that the PCT application published in the second country 30 You can also search public information in real time.
  • the foreign patent transaction server 200 manages related information including patent progress information and rightsization information in the second country 30 for overseas patent transactions. For example, since the document submission to the second country 30 must be made by the PCT applicant 22, the overseas patent transaction server 200 is required to enter the PCT application for the second country 30. 32), and can transmit the relevant information of the PCT applicant 32 to the successful bidder of the concluded overseas patent transaction.
  • the overseas patent transaction server 200 may receive and store the progress of the patent office of the second country 30 from the account of the successful bidder after the document of the PCT application is submitted to the second country 30.
  • the overseas patent transaction server 200 may inquire and store and update related information disclosed in real time related to the PCT application from the patent office of the first country 20 or the second country 30.
  • the foreign patent transaction server 200 divides the managed related information into internal information, which is granted access rights to the authorized person including the PCT applicant 22 and the successful bidder, and public information disclosed so that a third party can view it. (S232).
  • the overseas patent transaction server 200 may store public publications, registration publications, and information disclosed in the second country 30 on the basic application of the PCT application registered and published in the first country 20 to a third party. It is classified as public information that can be viewed by the person, and the notification of opinion submission and a request for amendment notified from the Patent Office of the second country 30 regarding PCT applications entering the second country 30 can be classified as internal information.
  • applicants of a first country may use the PCT filing system to promote a transaction of the right to obtain a patent for intellectual property rights published or registered in the first country before entering individual countries with high cost burden. You will be able to.
  • an applicant in a first country can expand an overseas application by having the second country share the burden of the inventor for an overseas application.
  • the purchaser can preempt the rights in his/her own country with respect to excellent intellectual property rights from abroad before entering his/her own country.

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Abstract

L'invention porte sur un serveur de transaction de brevet à l'étranger utilisant un système d'application en fonction du Traité de coopération en matière de brevets (PCT), ainsi que sur son procédé de transaction de brevet à l'étranger. Le serveur de transaction de brevet à l'étranger utilisant un système d'application PCT, selon la présente invention, comprend : une unité de réception d'informations de demande pour recevoir, du compte d'un demandeur PCT d'un premier pays, des informations de demande d'une transaction de brevet à l'étranger se rapportant à l'entrée dans la phase nationale d'au moins un pays; une unité de détermination de condition de transaction pour déterminer s'il faut remplir des conditions de transaction préétablies en correspondance avec les informations de demande; une unité d'établissement de période de vente aux enchères pour définir une période de vente aux enchères dans la plage d'une période d'entrée d'un second pays pour une application de PCT correspondant au demandeur PCT lorsque les conditions de transaction sont remplies; une unité d'initiation de procédure de vente aux enchères pour initier une procédure de vente aux enchères de la transaction de brevet à l'étranger de l'application de PCT sur la base des informations de demande pendant la période de vente aux enchères; une unité de conclusion de contrat électronique pour conclure un contrat électronique pour la transaction de brevet à l'étranger dans le second pays avec le demandeur PCT et un enchérisseur gagnant lorsque l'enchérisseur gagnant de la transaction de brevet à l'étranger est décidé par l'intermédiaire de la procédure de vente aux enchères; et une unité de gestion d'informations pertinentes pour gérer des informations pertinentes, par rapport à la transaction de brevet à l'étranger, comportant des informations de progression de brevet et des informations de développement de brevet dans le second pays.
PCT/KR2019/016818 2019-04-16 2019-12-01 Serveur de transaction de brevet à l'étranger utilisant un système d'application pct et son procédé de transaction de brevet à l'étranger WO2020213804A1 (fr)

Applications Claiming Priority (4)

Application Number Priority Date Filing Date Title
KR20190044602 2019-04-16
KR10-2019-0044602 2019-04-16
KR10-2019-0154933 2019-11-27
KR20190154933 2019-11-27

Publications (1)

Publication Number Publication Date
WO2020213804A1 true WO2020213804A1 (fr) 2020-10-22

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Family Applications (1)

Application Number Title Priority Date Filing Date
PCT/KR2019/016818 WO2020213804A1 (fr) 2019-04-16 2019-12-01 Serveur de transaction de brevet à l'étranger utilisant un système d'application pct et son procédé de transaction de brevet à l'étranger

Country Status (1)

Country Link
WO (1) WO2020213804A1 (fr)

Citations (5)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
KR20010107902A (ko) * 2001-11-15 2001-12-07 임영희 국제특허출원 시스템 및 방법
KR20030021389A (ko) * 2001-09-06 2003-03-15 전자부품연구원 지적 재산 거래 시스템을 이용한 서비스 방법
KR20110012326A (ko) * 2009-07-30 2011-02-09 이윤휘 일반인이 제공하는 아이디어의 개발 및 투자실행을 위한 사업으로서 회원가입을 통한 거래의 방법 및 그 시스템
KR20160002414A (ko) * 2015-10-01 2016-01-07 공준상 판매될 산업재산권 확보 시스템 및 그 방법
KR20160051301A (ko) * 2014-11-03 2016-05-11 자동차부품연구원 특허 거래 시스템

Patent Citations (5)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
KR20030021389A (ko) * 2001-09-06 2003-03-15 전자부품연구원 지적 재산 거래 시스템을 이용한 서비스 방법
KR20010107902A (ko) * 2001-11-15 2001-12-07 임영희 국제특허출원 시스템 및 방법
KR20110012326A (ko) * 2009-07-30 2011-02-09 이윤휘 일반인이 제공하는 아이디어의 개발 및 투자실행을 위한 사업으로서 회원가입을 통한 거래의 방법 및 그 시스템
KR20160051301A (ko) * 2014-11-03 2016-05-11 자동차부품연구원 특허 거래 시스템
KR20160002414A (ko) * 2015-10-01 2016-01-07 공준상 판매될 산업재산권 확보 시스템 및 그 방법

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