INTELLECTUAL PROPERTY TRADING EXCHANGE AND A METHOD FOR TRADING INTELLECTUAL PROPERTY RIGHTS

• US 20110071961A1
• Filed: 11/24/2010
• Published: 03/24/2011
• Est. Priority Date: 04/18/2005
• Status: Active Grant

• Current Assignee: IPXI Technologies LLC
• Original Assignee: Ocean Tomo LLP (Ocean Tomo, LLC)
• Inventors: MALACKOWSKI, James E., Lasinski, Michael J.
• Granted Patent: US 8,554,687 B2
• Time in Patent Office: Days
• US Class Current: 705/500
• CPC Class Codes: G06Q 20/382 insuring higher security of transaction
• CPC Class Codes: G06Q 30/00 Commerce
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 50/184 Intellectual property management
• CPC Class Codes: G06Q 99/00 Subject matter not provided for in other groups of this subclass

Abstract

An intellectual property trading exchange is disclosed for facilitating the trading of intellectual property rights. The exchange includes at least one intellectual property license contract relating to intellectual property rights and a forum configured to allow a plurality of participants to trade the license contract. The plurality of participants includes at least one seller, which may be the owner, having the license contract and desiring to trade the license contract. The plurality of participants also includes at least one buyer desiring to obtain the license contract. The buyer may be an investor, speculator, market maker, or arbitrageur, who purchases the license contract to achieve appreciation. The buyer also may be a licensee, who purchases the license contract to practice the intellectual property rights.

Claims

1. An intellectual property trading exchange for facilitating the trading of intellectual property rights, said exchange comprising:

at least one intellectual property license contract, said at least one license contract relating to intellectual property rights;

a forum, said forum defining at least one regulation of trading and at least one requirement of listing on said exchange, said forum configured to allow a plurality of participants to trade said at least one license contract, said plurality of participants comprising;

at least one seller, said at least one seller having said at least one license contract, said at least one seller desiring to trade said at least one license contract; and

at least one buyer, said at least one buyer desiring to obtain said at least one license contract.

2. The trading exchange of claim 1 wherein the intellectual property rights are selected from the group consisting of:

patents, copyrights, trademarks, trade dress, and trade secrets.

3. The trading exchange of claim 1 wherein the intellectual property rights are selected from the group consisting of:

issued patents, registered copyrights, registered trademarks, and any other granted or registered intellectual property.

4. The trading exchange of claim 1 wherein the intellectual property rights are selected from the group consisting of:

pending patent applications, pending trademark applications, and any other pending intellectual property application or registration.

5. The trading exchange of claim 1 wherein said plurality of participants further comprises at least one investment bank, said at least one investment bank enabled to underwrite said desired trade of said at least one license contract.

6. The trading exchange of claim 5 wherein said at least one investment bank is enabled to check said at least one license contract to certify compliance with said at least one requirement of listing on said exchange.

7. The trading exchange of claim 5 wherein said at least one investment bank is enabled to rate said intellectual property rights, said rating indicative of the strength of said intellectual property rights based on a legal analysis of said rights.

8. The trading exchange of claim 5 wherein said at least one investment bank is enabled to insure said intellectual property rights during said trading transaction.

9. The trading exchange of claim 5 wherein said at least one investment bank is enabled to value said intellectual property rights, said valuation based a marketability analysis of said rights.

10. The trading exchange of claim 5 wherein said at least one investment bank is enabled to enforce said intellectual property rights against an infringer and/or a party refusing to purchase said at least one license contract.

11. The trading exchange of claim 5 wherein said at least one investment bank is enabled to purchase at least one license contract with proceeds from any enforcement proceedings.

12. The trading exchange of claim 1 wherein said at least one buyer comprises an investor, said investor configured to purchase at least one license contract to achieve appreciation.

13. The trading exchange of claim 12 wherein said investor acts on behalf of said at least one seller, said at least one buyer, or an investment bank.

14. The trading exchange of claim 12 wherein said investor comprises a market maker, a speculator, or an arbitrageur.

15. The trading exchange of claim 12 wherein said at least one investor is a licensee.

16. The trading exchange of claim 1 wherein said at least one buyer comprises a licensee, said licensee configured to purchase at least one license contract to practice said intellectual property rights.

17. The trading exchange of claim 1 wherein said at least one seller comprises an owner of said intellectual property rights, an investment bank, or an investor.

18. A method for trading at least one license contract relating to intellectual property rights by at least one seller of said license contract to at least one buyer through an intellectual property exchange, said method comprising the steps of:

said at least one seller listing said at least one license contract on said intellectual property exchange;

said at least one buyer purchasing said at least one license contract through said intellectual property exchange; and

said intellectual property exchange clearing said purchase by said buyer of said at least one license contract.

19. The method of claim 18 wherein the intellectual property rights are selected from the group consisting of:

patents, copyrights, trademarks, trade dress, and trade secrets.

20. The method of claim 18 wherein the intellectual property rights are selected from the group consisting of:

issued patents, registered copyrights, registered trademarks, and any other granted or registered intellectual property.

21. The method of claim 18 wherein the intellectual property rights are selected from the group consisting of:

pending patent applications, pending trademark applications, and any other pending intellectual property application or registration.

22. The method of claim 18 wherein said at least one buyer comprises an investor, said investor purchasing said at least one license contract to achieve appreciation.

23. The method of claim 22 wherein said investor comprises a market maker, a speculator, or an arbitrageur.

24. The method of claim 18 wherein said at least one buyer comprises a licensee, said licensee purchasing said at least one license contract to practice said intellectual property rights.

25. The method of claim 18 wherein said at least one seller comprises an owner of said intellectual property rights, an investment bank, or an investor.

26. A method for trading intellectual property rights by at least one seller of rights to at least one buyer through an intellectual property exchange, said method comprising the steps of:

said at least one seller offering to at least one investment bank an exclusive license of said intellectual property rights with the right to sub-license said intellectual property rights to said at least one buyer;

said at least one investment bank performing a due diligence review of said intellectual property rights to evaluate the strength of said rights;

said at least one investment bank accepting said exclusive license of said intellectual property rights;

said at least one investment bank listing at least one license contract of said intellectual property rights on said intellectual property exchange;

said at least one buyer purchasing said at least one license contract through said intellectual property exchange; and

said intellectual property exchange clearing said purchase by said buyer of said at least one license contract.

27. The method of claim 26 wherein said at least one investment bank enforces said intellectual property rights against an infringer and/or a party refusing to purchase said at least one license contract.

28. The method of claim 26 wherein said at least one buyer comprises an investor, said investor purchasing said at least one license contract to achieve appreciation.

29. The method of claim 26 wherein said at least one buyer comprises a licensee, said licensee purchasing said at least one license contract to practice said intellectual property rights.

30. The method of claim 26 wherein said at least one seller comprises an owner of said intellectual property rights, said at least one investment bank, or an investor.