Pay-per-patent-proof system and method

• US 20060026146A1
• Filed: 07/21/2005
• Published: 02/02/2006
• Est. Priority Date: 08/01/2004
• Status: Abandoned Application

• Current Assignee: Israel Tvito
• Original Assignee: Israel Tvito
• Inventors: Tvito, Israel
• Application Number:
  US11/185,772
• Publication Number:
  US 20060026146A1
• Time in Patent Office: Days
• US Class Current: 1/1
• CPC Class Codes: G06Q 10/10 Office automation; Time management

Abstract

A Pay-Per-Patent-Proof (PPPP) system for enables the user, for example an inventor, to submits a patent search application, which includes a description of the invention, for the purpose of assessing the patentability of an invention, and assessing the risk of patent infringement by implementation of the invention. The application is checked by a patent researcher. If a prior publication of the invention is provided, and as a result, the invention is not patentable, the user is charged for the patent search. If a prior publication is not provided, the user will not be charged. The billing sum can be dependent on the patent search and assessment parameters such as: response time; duration of search time in databaess relevant to the field of the invention; databases necessary for the search; and time of providing results after completion of the search and the assessment.

Claims

1. A method for enabling a user performing a pay per patent search for the purpose of assessing the patentability of an invention, the method comprising the following steps:

(a) said user'"'"'s entry via the Internet into a pay per patent search system, said pay per patent search system including;

(i) a server, wherein said server is hosting a website loaded with dedicated software;

(b) said user'"'"'s filling a request to perform a patent search, and obligation to accept billing to his account, wherein said request includes a description of said invention for said patentability assessment of which said patent search is to be performed;

(c) said user'"'"'s receiving, from said pay per patent search system, a signed confirmation that is not changeable, as proof of submission of said request, confirmation of obligation to confidentiality, and proof of the date of said invention;

(d) performing patent search by a patent researcher;

(e) assessing the patentability of said invention by said patent researcher; and

(f) delivery of said patent search and said patentability assessment results to said user.

3. The method of claim 1 wherein the method further comprising the step;

(g) billing of said user'"'"'s account according to said search results.

4. The method of claim 3 wherein said billing fee is none in the case that said assessment results do not indicate that said invaention is not patentable.

5. The method of claim 3 wherein the billing sum increases according to said patent search and assessment results, which are selected from a group consisting of:

response time;

duration of search time in databaess relevant to the field of the invention;

databases necessary for the search; and

time of providing results after completion of the search while the effect of the above elements on the billing fee can be determined separately.

6. The method of claim 3 wherein the method further comprising the steps;

(g) said user confirms said billing; and

(h) said user'"'"'s account is billed.

2. A method for enabling a user performing a pay per patent search for the purpose of assessing the patentability of an invention, and assessing the risk of patent infringement by implementation of said invention, the method comprising the following steps:

(a) said user'"'"'s entry via the Internet into a pay per patent search system, said pay per patent search system including;

(i) a server, wherein said server is hosting a website loaded with dedicated software;

(b) said user'"'"'s filling a request to perform a patent search, and obligation to accept billing to his account, wherein said request includes a description of said invention for the patentability assessment of which said search is to be performed;

(c) said user'"'"'s receiving, from said pay per patent search system, a signed confirmation that is not changeable, as proof of submission of said request, confirmation of obligation to confidentiality, and proof of the date of the invention;

(d) performing patent search by a patent researcher;

(e) assessing the patentability of said invention by said patent researcher;

(f) assessing the risk of patent infringement in the case of implementation of said invention for which said patent search was performed; and

(g) delivery of said patent search, said patentability assessment, and said assessment of risk of patent infringement results to said user.

7. The method of claim 2 wherein the method further comprising the step;

(h) billing of said user'"'"'s account according to said search results.

8. The method of claim 7 wherein said billing fee is none, in the case that said assessment results indicate neither that said invention is not patentable nor at risk of patent infringement in case of implementation.

9. The method of claim 7 wherein said billing sum increases according to said search and said assessment results, which are selected from consisting of longer assessment time, a result indicating high likelihood of impatentability, and results indicating a higher risk of patent infringement in the case of implementation of the invention for which the patent search was performed.

10. The method of claim 7 wherein the method further comprising the steps;

(A) said user confirms said billing; and

(i) said user'"'"'s account is billed.

11. A method for enabling a user performing a pay per patent search for the purpose of assessing the patentability of an invention, the method comprising the following steps:

(a) said user'"'"'s filling a request to perform a patent search, and obligation for payment from the user'"'"'s account wherein said request includes a description of said invention for the patentability assessment of which the search is to be performed;

(b) said user submits said request and obligation for payment to a patent researcher.

(c) said user receives, from said patent researcher, a signed confirmation that is not changeable, as proof of submission of the request, confirmation of obligation to confidentiality, and proof of the date of the invention;

(d) performing patent search by a patent researcher;

(e) assessing the patentability of said invention by said patent researcher; and

(f) delivery of said assessment results to said user; and

(g) billing of said user'"'"'s account according to said search results.

12. The method of claim 11 wherein submission of said request is by means of at least one of several possibilities which selected from a group consisting of post, fax, telephone conversation, verbal agreement, writing and e-mail.

13. The method of claim 11 wherein said signed confirmation and said confirmation of obligation to confidentiality, and said proof of the date of said invention is received by means of at least one of several possibilities which selected from a group consisting of post, fax, telephone conversation, verbal agreement, writing and e-mail.