Computer assisted method of performing intellectual property (IP) audit optionally over network architecture

• US 7,835,969 B1
• Filed: 05/11/2009
• Issued: 11/16/2010
• 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:
  US12/463,559
• Time in Patent Office: 554 Days
• Field of Search: 705 10- 44
• 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 system performing a process of determining a machine implemented estimated value of an intellectual property portfolio, the system comprising:

a computer database storing information;

a computer processor executing computer instructions for determining the estimated value of the intellectual property portfolio using the information stored in said computer database;

a recording medium readable by the computer storing the computer instructions on said recording medium instructing the computer processor to perform the process, the instructions including;

(a) electronically retrieving, by the computer processor, first objectively determinable characteristics of representative intellectual property portfolios and objectively determinable values corresponding to each of the representative intellectual property portfolios stored in the computer database, 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 by the computer processor to determine second objectively determinable characteristics of the intellectual property portfolio to be estimated;

(c) deriving by the computer processor first information representing the second objectively determinable characteristics of the intellectual property portfolio to be estimated responsive to said analyzing step (b);

(d) electronically retrieving, by the computer processor, second information representing the first objectively determinable characteristics and the objectively determinable values of the representative intellectual property portfolios stored in the computer database; and

(e) comparing, by the computer processor, the first information received from said deriving step (c) to the second information received from said retrieving step (d) and generating 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 system 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 system 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 system 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 system 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 computer system 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 system 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 computer system 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 computer system 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 computer system 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 computer system 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 computer system 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 computer system 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 computer system for determining an estimated value of an intellectual property portfolio according to claim 1, wherein the recording medium is non-transitory.

15. A computer system performing a process of determining a machine implemented estimated value of an intellectual property portfolio, the system comprising:

a computer database storing the intellectual property portfolio;

a computer server implemented by the computer system and a computer processor executing computer instructions for determining the estimated value of the intellectual property portfolio;

a recording medium readable by the computer processor storing the computer instructions on said recording medium instructing the computer processor to perform the process, the instructions including;

(a) analyzing by the computer processor the intellectual property portfolio;

(b) deriving by the computer processor first information responsive to said analyzing step (a) based upon the intellectual property portfolio stored in said computer database;

(c) electronically retrieving, by the computer processor, empirical data relating to intellectual property portfolios stored in a second computer database; and

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

16. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15, wherein the intellectual property portfolio comprises at least one patent, trademark, trade secret and copyright intellectual property.

17. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15, 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.

18. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15,

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.

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

20. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15, 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.

21. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15,

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.

22. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15, 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.

23. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15, 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.

24. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15,

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.

25. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15, wherein the first information of the intellectual property portfolio includes an objectively determinable monetary value.

26. A computer system for determining an estimated value of an intellectual property portfolio according to claim 25, 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.

27. A computer system for determining an estimated value of an intellectual property portfolio according to claim 15, wherein the first information includes at least one of prior adjudication values, prior license values, and prior purchase values.