SYSTEM AND METHOD FOR VALUING AN IP ASSET BASED UPON PATENT QUALITY

• US 20110153573A1
• Filed: 12/17/2009
• Published: 06/23/2011
• Est. Priority Date: 12/17/2009
• Status: Abandoned Application

• Current Assignee: American Express Travel Related Services Company, Inc. (American Express Company)
• Original Assignee: American Express Travel Related Services Company, Inc. (American Express Company)
• Inventors: Thomas, Tracey R.
• Application Number:
  US12/640,932
• Publication Number:
  US 20110153573A1
• Time in Patent Office: Days
• US Class Current: 707/687
• CPC Class Codes: G06F 16/2457 with adaptation to user needs
• CPC Class Codes: G06F 2216/11 Patent retrieval
• CPC Class Codes: G06Q 10/06 Resources, workflows, human or project management; Enterprise or organisation planning; Enterprise or organisation modelling

Abstract

A comprehensive platform for merchandising intellectual property (IP) and conducting IP transactions is disclosed. A standardized data collection method enables IP assets to be characterized, rated and valuated in a consistent manner. Project management, workflow and data security functionality enable consistent, efficient and secure interactions between the IP Marketplace participants throughout the IP transaction process. Business rules, workflows, valuation models and rating methods may be user defined or based upon marketplace, industry or technology standards.

Claims

1. A method, comprising:

retrieving, by a computer and from an intellectual property (IP) asset database, IP asset data associated with an IP asset, wherein the IP asset is associated with a patent, and wherein the IP asset database is populated with IP asset data obtained from a standardized template;

determining, by the computer, a plurality of factors associated with the value of the IP asset; and

determining, by a computer and based at least partially upon the IP asset data, a valuation of the IP asset.

2. The method of claim 1, further comprising obtaining patent data associated with the patent.

3. The method of claim 1, further comprising creating a report based upon the plurality of factors.

4. The method of claim 2, wherein the patent data is obtained from a government datasource associated with a government authority, wherein the government authority comprises at least one of a United States Patent and Trademark Office, the European Patent Office or a foreign patent governing authority.

5. The method of claim 2, further comprising, determining whether the inventorship on an inventor declaration is consistent with the inventorship on an application data sheet.

6. The method of claim 2, further comprising, determining whether the inventorship on an assignment document is consistent with the inventorship on an assignment document.

7. The method of claim 2, further comprising auditing a chain of title associated with the patent.

8. The method of claim 2, further comprising determining whether maintenance fees associated with the patent are up-to-date.

9. The method of claim 2, further comprising determining whether a claim of invalidity against the patent exists.

10. The method of claim 2, further comprising determining whether a request for reexamination of the patent exists.

11. The method of claim 2, further comprising at least one of identifying litigation associated with the patent and determining whether an interference proceeding associated with a patent application was initiated, wherein the patent is associated with the patent application.

12. The method of claim 2, further comprising determining a remaining period before the patent expires.

13. The method of claim 2, further comprising identifying licenses associated with the patent.

14. The method of claim 13, further comprising identifying the rights granted in the licenses associated with the patent.

15. The method of claim 2, further comprising determining, based upon patent rules of a country associated with issuing the patent, whether the claims of the patent can be amended.

16. The method of claim 2, further comprising, determining whether a duty of disclosure has been met for the patent.

17. The method of claim 16, wherein the duty of disclosure comprises determining whether an information disclosure statement of the patent is cross-referenced in the file history of all patents related to the patent.

18. The method of claim 2, further comprising determining whether a related patent application may be filed claiming priority to the patent.

19. A system comprising:

a network interface;

a processor configured to execute a computer program;

a memory; and

the computer program configured to;

retrieve, from an intellectual property (IP) asset database, IP asset data associated with an IP asset, wherein the IP asset is associated with a patent, and wherein the IP asset database is populated with IP asset data obtained from a standardized template;

determine a plurality of factors associated with the value of the IP asset; and

determine, based at least partially upon the IP asset data, a valuation of the IP asset.

20. A tangible computer-readable medium having computer-executable instructions stored thereon that, if executed by a computer, cause the computer to perform a method comprising:

retrieving, by a computer and from an intellectual property (IP) asset database, IP asset data associated with an IP asset, wherein the IP asset is associated with a patent, and wherein the IP asset database is populated with IP asset data obtained from a standardized template;

determining, by the computer, a plurality of factors associated with the value of the IP asset; and

determining, by a computer and based at least partially upon the IP asset data, a valuation of the IP asset.