Intellectual property audit system generating a machine implemented estimated value comprising a financial quality and/or financial quantity of an intellectual property portfolio

• US 7,546,265 B1
• Filed: 04/14/2003
• Issued: 06/09/2009
• Est. Priority Date: 12/06/1993
• Status: Expired due to Fees

• Current Assignee: Eastern IX Group LLC (Intellectual Ventures LLC)
• Original Assignee: Renaissance Group IP Holdings, LLC
• Inventors: Donner, Irah H.
• Primary Examiner(s): Poinvil; Frantzy
• Application Number:
  US10/412,238
• Time in Patent Office: 2,248 Days
• Field of Search: 705 10- 44, 707/10, 707/100
• US Class Current: 705/36.00R
• 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. A computer assisted process for determining an estimated value of an intellectual property portfolio, the process comprising the steps of:

(a) storing, by a computer, first objectively determinable characteristics of representative intellectual property portfolios and objectively determinable values corresponding to each of the representative intellectual property portfolios and equivalents thereof, 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 and equivalents thereof, 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 computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 1, wherein the intellectual property portfolio comprises at least one patent, trademark, trade secret and copyright intellectual property.

3. A computer assisted 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 computer assisted 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 computer assisted 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 and additional variations under the Doctrine of Equivalents.

6. A computer assisted 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 computer assisted 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 corresponding equivalents thereof, 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 computer assisted 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.

9. A computer assisted 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, including valuation indicators that provide substantially the same function in substantially the same way to achieve the same result.

10. A computer assisted 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 and equivalents thereof.

11. A computer assisted process for determining an estimated value of an intellectual property portfolio 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 assisted 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.

13. A computer assisted process for determining an estimated value of an intellectual property portfolio using a computer processor system, the process comprising the steps of:

(a) analyzing using the computer processor system the intellectual property portfolio and equivalents under the Doctrine of Equivalents;

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

(c) storing empirical data in a database;

(d) retrieving, by the computer processor system, empirical data relating to known intellectual property portfolios stored in the database; and

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

14. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13, wherein the intellectual property portfolio comprises at least one patent, trademark, trade secret and copyright intellectual property.

15. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13, 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.

16. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13,

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.

17. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 16, wherein the patent information further includes frequency with which the patents have been cited as references for other patents.

18. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13, 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 there between to determine the estimated intellectual property worth indicator.

19. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13,

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.

20. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13, 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.

21. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13,

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.

22. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13, wherein the first information of the intellectual property portfolio includes an objectively determinable monetary value.

23. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 22, 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.

24. A computer assisted process for determining an estimated value of an intellectual property portfolio according to claim 13, wherein the first information includes at least one of prior adjudication values, prior license values, and prior purchase values.

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

(a) analyzing the intellectual property portfolio, and equivalents thereof;

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

(c) retrieving, by a computer from a first database, empirical data relating to known intellectual property portfolios, and equivalents thereof; 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, and equivalents thereof,

wherein the intellectual property includes information stored in at least one of the first database and a second database including at least one of a patent, a trademark, technical literature, a copyright, legal reporter information, current events, intellectual property status information and equivalents thereof.

26. A computer assisted process for determining at least one of a financial quality and financial quantity 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 information responsive to said analyzing step (a) based upon the intellectual property portfolio;

(c) retrieving, by a computer, quality data relating to known intellectual property portfolios; and

(d) comparing the information derived in said deriving step (b) to the quality data retrieved from said retrieving step (c) to determine an intellectual property factor indicating the at least one of the financial quality and the financial quantity of the intellectual property portfolio and equivalents thereto.

27. A computer assisted process according to claim 26, wherein the intellectual property portfolio comprises at least one patent, trademark, trade secret and copyright intellectual property.

28. A computer assisted process according to claim 26, 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 at least one of the financial quality and the financial quantity of the intellectual property portfolio.

29. A computer assisted process according to claim 26,

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

wherein the 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.

30. A computer assisted process according to claim 29, wherein the patent information further includes frequency with which the patents have been cited as references for other patents.

31. A computer assisted process according to claim 26, further comprising the step of weighing each of the information and the quality data according to predetermined weighing factors producing weighed information and weighed empirical data respectively, and said comparing step (d) further comprises the step of comparing the weighed information and the weighed empirical data to determine similarity there between to determine the estimated intellectual property worth indicator.

32. A computer assisted process according to claim 26,

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

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

33. A computer assisted process according to claim 26, wherein the at least one of the financial quality and the financial quantity of the intellectual property portfolio is derived substantially independent of accounting valuation techniques including cost, market and income approaches.

34. A computer assisted process according to claim 26, wherein the information of the intellectual property portfolio is determined to be statistically similar to the quality data of the intellectual property portfolio utilizing at least one of a curve fitting technique and a standard deviation technique.

35. A computer assisted process according to claim 26, wherein the information includes valuation indicators,

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

wherein the valuation indicators are compared to the quality data and the at least one of the financial quality and the financial quantity of the intellectual property portfolio is determined responsive to the importance factor of the valuation indicators.

36. A computer assisted process according to claim 26, wherein the information of the intellectual property portfolio includes an objectively determinable monetary value.

37. A computer assisted process according to claim 36, 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.

38. A computer assisted process according to claim 26, wherein the information includes at least one of prior adjudication values, prior license values, and prior purchase values.