Intellectual property audit system

• US 5,999,907 A
• Filed: 12/06/1993
• Issued: 12/07/1999
• Est. Priority Date: 12/06/1993
• Status: Expired due to Term

• Current Assignee: Callahan Cellular LLC (Intellectual Ventures LLC)
• Original Assignee: Irah H. Donner
• Inventors: Donner, Irah H.
• Primary Examiner(s): Poinvil, Frantzy
• Application Number:
  US08/161,816
• Time in Patent Office: 2,192 Days
• Field of Search: 364/401, 364/406, 364/408, 364/710, 705/1, 705/10, 705/22, 705/24
• US Class Current: 705/310
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 40/10 Tax strategies
• CPC Class Codes: G06Q 40/12 Accounting
• CPC Class Codes: G06Q 50/184 Intellectual property management

Abstract

An intellectual property computer-implemented audit system for valuing an intellectual property portfolio includes a first database storing first information relating to the intellectual property portfolio and a database access and collection device connected to the first database and accessing the first database and retrieving the first information. In addition, the intellectual property audit system also includes a second database storing empirical data relating to known intellectual property portfolios, and a comparison device connected to the database access and collection device and to the second database, the comparison device receiving the first information from the database access and collection device and comparing the first information to the empirical data retrieved from the second database producing an intellectual property worth indicator indicating the worth of the intellectual property portfolio.

Claims

1. An intellectual property computer-implemented system for automatically determining a machine implemented estimated value of an intellectual property portfolio, comprising:

a first database storing first objectively determinable characteristics of the intellectual property portfolio to be estimated;

a database access and collection device connected to be responsive to said first database and accessing said first database and retrieving first objectively determinable characteristics;

a second database storing second objectively determinable characteristics of representative intellectual property portfolios and objectively determinable values corresponding to each of the representative intellectual property portfolios, the second objectively determinable characteristics and the objectively determinable values forming a baseline against which to assess the estimated value of the intellectual property portfolio; and

a comparison device connected to be responsive to said database access and collection device and to said second database, said comparison device receiving the first objectively determinable characteristics from said database access and collection device and receiving the second objectively determinable characteristics and the objectively determinable values from the second database, and said comparison device comparing the first objectively determinable characteristics to the second objectively determinable characteristics and determining the estimated value of the intellectual property portfolio responsive to one of the objectively determinable values of one of the representative intellectual property portfolios having the second objectively determinable characteristics which are statistically similar to the first objectively determinable characteristics of the intellectual property portfolio.

2. An intellectual property computer-implemented system according to claim 1, wherein said first database comprises at least one of a patent database, a trademark database, a copyright database, and said first database further comprises a legal reporter database, a current events database and an intellectual property status database.

3. An intellectual property computer-implemented system according to claim 1, wherein said comparing device compares the first objectively determinable characteristics to the second objectively determinable characteristics using a statistical approximation technique.

4. An intellectual property computer-implemented system according to claim 1,

wherein the intellectual property portfolio comprises a patent portfolio including patents, and

wherein the first objectively determinable characteristics includes patent information derived from the patents in the patent portfolio comprising at least one of the following:

number of claims, length of independent claims, number and dates of references cited, number of classes searched, legal status of the patents, number of years until each of the patents expire, group which examined each of the patents, domestic priority, and foreign priority.

5. An intellectual property computer-implemented system according to claim 4, wherein the first information further includes frequency with which the patents have been cited as references for other patents.

6. An intellectual property computer-implemented system according to claim 1, further comprising an indicator weighing device connected to said comparing device and weighing each of the first and second objectively determinable characteristics according to predetermined weighing factors producing weighed first and second objectively determinable characteristics, and

wherein said comparing device compares the weighed first and second objectively determinable characteristics to determine the statistical similarity between the weighed first and second objectively determinable characteristics.

7. An intellectual property computer-implemented system according to claim 1,

wherein the intellectual property portfolio includes issued patents, and at least one of trademarks and copyrights, and

wherein the first objectively determinable characteristics are derived by analyzing the issued patents, and the at least one of trademarks and copyrights.

8. An intellectual property computer-implemented system according to claim 1, wherein the estimated value of the intellectual property portfolio is derived independently of accounting valuation techniques including cost, market and income approaches.

9. An intellectual property computer-implemented system according to claim 1,

wherein the first objectively determinable characteristics include first valuation indicators,

wherein said database access and collection device retrieves the first valuation indicators from said first database and assigns an importance factor to each of the first valuation indicators based upon predetermined criteria, and

wherein said comparison device compares the first valuation indicators to the second objectively determinable characteristics and determines the estimated value of the intellectual property portfolio responsive to the importance factor of each of the valuation indicators.

10. An intellectual property computer-implemented system according to claim 1, wherein the objectively determinable values of the representative intellectual property portfolios include objectively determinable monetary values which are not determined by said intellectual property computer-implemented system.

11. An intellectual property computer-implemented system according to claim 10, wherein the objectively determinable monetary values of the representative intellectual property portfolios are determined by at least one of prior adjudication, prior license values, prior purchase values and an accountant evaluation based upon generally acceptable accounting procedures (GAAP) of the representative intellectual property portfolios.

12. A computer architecture for automatically determining a machine implemented estimated value of an intellectual property portfolio, comprising:

a first database storing first information representing first objectively determinable characteristics of the intellectual property portfolio to be estimated;

a database access and collection device connected to be responsive to said first database and accessing said first database and retrieving the first information;

a second database storing second information representing second objectively determinable characteristics of representative intellectual property portfolios and objectively determinable values corresponding to each of the representative intellectual property portfolios, the second information providing a baseline against which to assess the estimated value of the intellectual property portfolio;

a data processor connected to be responsive to said database access and collection device, receiving the first information from said database access and collection device, and assigning importance factors for each of the first objectively determinable characteristics based upon predetermined importance factor criteria producing ranked first characteristics;

an indicator weighing device connected to be responsive to said data processor, receiving the ranked first characteristics from said data processor, and prioritizing the ranked first characteristics based upon predetermined priority information producing prioritized first characteristics; and

an indicator collection and comparison device connected to be responsive to said indicator weighing device and to said second database, said indicator collection and comparison device receiving the prioritized first characteristics from said indicator weighing device and receiving the second information from said second database, and said indicator collection and comparison device comparing the prioritized first characteristics to the second objectively determinable characteristics and determining the estimated value of the intellectual property portfolio responsive to one of the objectively determinable values of one of the representative intellectual property portfolios having the second objectively determinable characteristics which are statistically similar to the prioritized first characteristics of the intellectual property portfolio.

13. An intellectual property computer-implemented system for automatically determining a machine implemented estimated value of an intellectual property portfolio, comprising:

first means for storing first objectively determinable characteristics of the intellectual property portfolio to be estimated;

means for accessing said first means for storing and retrieving first objectively determinable characteristics;

second means for storing second objectively determinable characteristics of representative intellectual property portfolios and objectively determinable values corresponding to each of the representative intellectual property portfolios, the second objectively determinable characteristics and the objectively determinable values forming a baseline against which to assess the estimated value of the intellectual property portfolio; and

comparing means for receiving the first objectively determinable characteristics from said means for accessing and for receiving the second objectively determinable characteristics and the objectively determinable values from the second means for storing, and said comparing means for comparing the first objectively determinable characteristics to the second objectively determinable characteristics and determining the estimated value of the intellectual property portfolio responsive to one of the objectively determinable values of one of the representative intellectual property portfolios having the second objectively determinable characteristics which are statistically similar to the first objectively determinable characteristics of the intellectual property portfolio.

14. A computer-implemented intellectual property method for automatically determining a machine implemented estimated value of an intellectual property portfolio, comprising the steps of:

(a) storing first objectively determinable characteristics of representative intellectual property portfolios and objectively determinable values corresponding to each of the representative intellectual property portfolios, the first objectively determinable characteristics and the objectively determinable values forming a baseline against which to assess the estimated value of the intellectual property portfolio;

(b) analyzing the intellectual property portfolio stored in an intellectual property database to determine second objectively determinable characteristics of the intellectual property portfolio to be estimated;

(c) deriving first information representing the second objectively determinable characteristics of the intellectual property portfolio to be estimated responsive to said analyzing step (b) and generating a first electrical signal indicative of the first information;

(d) retrieving second information representing the first objectively determinable characteristics and the objectively determinable values of the representative intellectual property portfolios and generating a second electrical signal indicative of the second information; and

(e) comparing the first signal indicative of the first information received from said deriving step (c) to the second signal indicative of the second information received from said retrieving step (d) producing an estimated value electrical signal indicating the estimated value of the intellectual property portfolio when the first information of the intellectual property portfolio is statistically similar to the second information of one of the representative intellectual property portfolios.

wherein the intellectual property database includes one of a patent database, a trademark database, and a copyright database, and the intellectual property database further includes one of a legal reporter database, a current events database and an intellectual property status database.

15. A computer-implemented intellectual property method according to claim 14, wherein the intellectual property portfolio to be estimated comprises patents, and at least one of trademarked and copyrighted intellectual property.

16. A computer-implemented intellectual property method according to claim 14, wherein said comparing step (e) further comprises the step of comparing the first signal to the second signal and determining the estimated value signal using a statistical approximation technique including one of a curve fitting technique and a standard deviation technique.

17. A computer-implemented intellectual property method according to claim 14,

wherein the intellectual property portfolio comprises a patent portfolio including patents, and

wherein the first information includes patent information derived from the patents in the patent portfolio comprising at least one of the following:

number of claims, length of independent claims, number and dates of references cited, number of classes searched, legal status of the patents, number of years until each of the patents expire, group which examined each of the patents, domestic priority, foreign priority, inventor nationality, and current owner headquarters location.

18. A computer-implemented intellectual property method according to claim 14, further comprising the step of weighing the estimated value signal according to a predetermined weighing factor producing a weighed estimated value signal.

19. A computer-implemented intellectual property method according to claim 14, wherein the estimated value signal is derived independently of accounting valuation techniques including cost, market and income approaches.

20. A computer-implemented intellectual property method according to claim 14,

wherein the first information includes valuation indicators,

wherein said analyzing step (b) further comprises the step of analyzing the valuation indicators,

wherein said deriving step (c) further comprises the step of deriving the first information and assigning an importance factor to each of the valuation indicators based upon predetermined criteria, and

wherein said comparing step (e) further comprises the step of comparing the valuation indicators to the second information and determining the estimated value signal responsive to the importance factor of each of the valuation indicators.

21. An intellectual property computer-implemented method according to claim 14, wherein the objectively determinable values of the representative intellectual property portfolios include objectively determinable monetary values which are not determined by said intellectual property computer-implemented system.

22. An intellectual property computer-implemented method according to claim 21, wherein the objectively determinable monetary values of the representative intellectual property portfolios are determined by at least one of the following:

prior adjudication, prior license values, prior purchase values and an accountant evaluation based upon generally acceptable accounting procedures (GAAP) of the representative intellectual property portfolios.