Method of performing intellectual property (IP) audit optionally over network architecture

• US 6,263,314 B1
• Filed: 03/03/2000
• Issued: 07/17/2001
• Est. Priority Date: 12/06/1993
• Status: Expired due to Term

• Current Assignee: Eastern IX Group LLC (Intellectual Ventures LLC)
• Original Assignee: Irah H. Donner
• Inventors: Donner, Irah H.
• Primary Examiner(s): Poinvil, Frantzy
• Application Number:
  US09/518,681
• Time in Patent Office: 501 Days
• Field of Search: 705/1, 705/7, 705/8, 705/10, 705/22, 705/24, 704/9, 707/2, 707/3, 707/5, 707/10, 707/100-104
• US Class Current: 705/310
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 50/184 Intellectual property management

Abstract

A method of performing an intellectual property (IP) audit estimates a value of an intellectual property portfolio. The method includes the steps of analyzing the IP portfolio, and deriving first information responsive to said analyzing step based upon the IP portfolio. The method also includes the steps of retrieving empirical data relating to known IP portfolios, and comparing the first information to the empirical data producing an IP worth indicator indicating an estimated worth of the IP portfolio. The method is optionally implementable over a network architecture.

Claims

1. A process for determining an estimated value of an intellectual property portfolio, the process 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 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);

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

(e) comparing the first information received from said deriving step (c) to the second information received from said retrieving step (d) producing an 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.

2. A process for determining an estimated value of an intellectual property portfolio according to claim 1, wherein the intellectual property portfolio comprises at least one of patented, trademarked, trade secreted and copyrighted intellectual property.

3. A process for determining an estimated value of an intellectual property portfolio according to claim 1, wherein at least one of a patent database, a trademark database, a copyright database, a technical literature database, a legal reporter database, a current events database and an intellectual property status database are utilized to determine the estimated value of the intellectual property portfolio.

4. A process for determining an estimated value of an intellectual property portfolio 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. A process for determining an estimated value of an intellectual property portfolio according to claim 4, wherein the patent information further includes frequency with which the patents have been cited as references for other patents.

6. A process for determining an estimated value of an intellectual property portfolio according to claim 1, further comprising the step of weighing each of the first and second objectively determinable characteristics according to predetermined weighing factors producing weighed first and second objectively determinable characteristics, and

comparing the weighed first and second objectively determinable characteristics to determine the statistical similarity between the weighed first and second objectively determinable characteristics.

7. A process for determining an estimated value of an intellectual property portfolio 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, trade secrets and copyrights.

8. A process for determining an estimated value of an intellectual property portfolio according to claim 1, wherein the estimated value of the intellectual property portfolio is derived substantially independent of accounting valuation techniques including cost, market and income approaches.

9. A process for determining an estimated value of an intellectual property portfolio according to claim 1, wherein the first information of the intellectual property portfolio is determined to be statistically similar to the second information of one of the representative intellectual property portfolios utilizing at least one of a curve fitting technique and a standard deviation technique.

10. A process for determining an estimated value of an intellectual property portfolio according to claim 1,

wherein the first objectively determinable characteristics include first valuation indicators,

wherein the first valuation indicators are assigned an importance factor based upon predetermined criteria, and

wherein the first valuation indicators are compared to the second objectively determinable characteristics and the estimated value of the intellectual property portfolio is determined responsive to the importance factor of each of the valuation indicators.

11. A process for determining an estimated value of an intellectual property portfolio according to claim 1, wherein the objectively determinable values of the representative intellectual property portfolios include objectively determinable monetary values.

12. A process for determining an estimated value of an intellectual property portfolio according to claim 11, 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.

13. A process for determining an estimated value of an intellectual property portfolio according to claim 1, wherein the first objectively determinable characteristics include at least one of prior adjudication values, prior license values, and prior purchase values.

14. A process for determining an estimated value of an intellectual property portfolio, the process comprising the steps of:

(a) analyzing the intellectual property portfolio;

(b) deriving first information responsive to said analyzing step (a) based upon the intellectual property portfolio;

(c) retrieving empirical data relating to known intellectual property portfolios; and

(d) comparing the first information derived in said deriving step (b) to the empirical data retrieved from said retrieving step (c) producing an estimated intellectual property worth indicator indicating the worth of the intellectual property portfolio.

15. A process for determining an estimated value of an intellectual property portfolio according to claim 14, wherein the intellectual property portfolio comprises at least one of patented, trademarked, trade secreted and copyrighted intellectual property.

16. A process for determining an estimated value of an intellectual property portfolio according to claim 14, wherein at least one of a patent database, a trademark database, a copyright database, a legal reporter database, a technical literature database, a current events database and an intellectual property status database are utilized to determine the estimated intellectual property worth indicator of the intellectual property portfolio.

17. A process for determining an estimated value of an intellectual property portfolio 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, and foreign priority.

18. A process for determining an estimated value of an intellectual property portfolio according to claim 17, wherein the patent information further includes frequency with which the patents have been cited as references for other patents.

19. A process for determining an estimated value of an intellectual property portfolio according to claim 14, further comprising the step of weighing each of the first information and the empirical data according to predetermined weighing factors producing weighed first information and weighed empirical data respectively, and

said comparing step (d) further comprises the step of comparing the weighed first information and the weighed empirical data to determine similarity therebetween to determine the estimated intellectual property worth indicator.

20. A process for determining an estimated value of an intellectual property portfolio according to claim 14,

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

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

21. A process for determining an estimated value of an intellectual property portfolio according to claim 14, wherein the estimated intellectual property worth indicator of the intellectual property portfolio is derived substantially independent of accounting valuation techniques including cost, market and income approaches.

22. A process for determining an estimated value of an intellectual property portfolio according to claim 14, wherein the first information of the intellectual property portfolio is determined to be statistically similar to the empirical data of the intellectual property portfolio utilizing at least one of a curve fitting technique and a standard deviation technique.

23. A process for determining an estimated value of an intellectual property portfolio according to claim 14,

wherein the first information includes first valuation indicators,

wherein the first valuation indicators are assigned an importance factor based upon predetermined criteria, and

wherein the first valuation indicators are compared to the empirical data and the estimated intellectual property worth indicator of the intellectual property portfolio is determined responsive to the importance factor of the first valuation indicators.

24. A process for determining an estimated value of an intellectual property portfolio according to claim 14, wherein the first information of the intellectual property portfolio includes an objectively determinable monetary value.

25. A process for determining an estimated value of an intellectual property portfolio according to claim 14, wherein the objectively determinable monetary value of the intellectual property portfolio is 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 intellectual property portfolio.

26. A process for determining an estimated value of an intellectual property portfolio according to claim 14, wherein the first information includes at least one of prior adjudication values, prior license values, and prior purchase values.

27. A process for determining an estimated value of an intellectual property portfolio, the process comprising the steps of:

(a) analyzing the intellectual property portfolio stored in an intellectual property database;

(b) deriving first information responsive to said analyzing step (a) based upon the intellectual property portfolio;

(c) retrieving empirical data relating to known intellectual property portfolios; and

(d) comparing the first information derived in said deriving step (b) to the empirical data retrieved from said retrieving step (c) producing an intellectual property worth indicator indicating the worth of the intellectual property portfolio,

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