Intellectual property trading exchange and a method for trading intellectual property rights

• US 7,885,897 B2
• Filed: 04/17/2006
• Issued: 02/08/2011
• Est. Priority Date: 04/18/2005
• Status: Expired due to Fees

• Current Assignee: IPXI Technologies LLC
• Original Assignee: Ocean Tomo LLP (Ocean Tomo, LLC)
• Inventors: Malackowski, James E., Lasinski, Michael J.
• Primary Examiner(s): Elisca; Pierre Eddy
• Assistant Examiner(s): Kamal; Shahid
• Application Number:
  US11/405,166
• Publication Number:
  US 20060259315A1
• Time in Patent Office: 1,758 Days
• Field of Search: 705/59, 705/51, 705/57, 705/64, 380/4, 380/23, 380/24, 380/25, 380/44, 380/279, 380/282, 707/2, 707/9, 707/10
• US Class Current: 705/59
• CPC Class Codes: G06Q 20/382 insuring higher security of transaction
• CPC Class Codes: G06Q 30/00 Commerce
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 50/184 Intellectual property management
• CPC Class Codes: G06Q 99/00 Subject matter not provided for in other groups of this subclass

Abstract

An intellectual property trading exchange is disclosed for facilitating the trading of intellectual property rights. The exchange includes at least one intellectual property license contract relating to intellectual property rights and a forum configured to allow a plurality of participants to trade the license contract. The plurality of participants includes at least one seller, which may be the owner, having the license contract and desiring to trade the license contract. The plurality of participants also includes at least one buyer desiring to obtain the license contract. The buyer may be an investor, speculator, market maker, or arbitrageur, who purchases the license contract to achieve appreciation. The buyer also may be a licensee, who purchases the license contract to practice the intellectual property rights.

Claims

1. A computerized intellectual property exchange system for facilitating the trading of unitized contracts relating to intellectual property rights, said system comprising:

a computerized storage device configured to store at least one unitized intellectual property license contract, said at least one unitized license contract relating to intellectual property rights, said intellectual property including patents, copyrights, trademarks, trade dress, and/or trade secrets, said at least one unitized license contract comprising the right to practice said intellectual property for up to a predetermined quantity of instances and the obligation to report when said predetermined quantity of instances has been reached;

a computer-accessible forum, said computer-accessible forum defining at least one regulation of trading and at least one requirement of listing on said computerized exchange, said computer-accessible forum configured to allow a plurality of participants to trade said at least one unitized license contract, said plurality of participants comprising;

at least one seller, said at least one seller having said at least one unitized license contract comprising said right to practice said intellectual property for up to said predetermined quantity of instances, said at least one seller desiring to trade said at least one unitized license contract; and

at least one buyer, said at least one buyer desiring to obtain said at least one unitized license contract, said buyer having said obligation to report when said predetermined quantity of instances has been reached.

2. The system of claim 1 wherein the intellectual property rights are selected from the group consisting of:

issued patents, registered copyrights, registered trademarks, and any other granted or registered intellectual property.

3. The system of claim 1 wherein the intellectual property rights are selected from the group consisting of:

pending patent applications, pending trademark applications, and any other pending intellectual property application or registration.

4. The system of claim 1 wherein said plurality of participants further comprises at least one investment bank, said at least one investment bank enabled to underwrite said desired trade of said at least one unitized license contract.

5. The system of claim 4 wherein said at least one investment bank is enabled to check said at least one unitized license contract to certify compliance with said at least one requirement of listing on said exchange.

6. The system of claim 4 wherein said at least one investment bank is enabled to rate said intellectual property rights, said rating indicative of the strength of said intellectual property rights based on a legal analysis of said rights.

7. The system of claim 4 wherein said at least one investment bank is enabled to insure said intellectual property rights during said trading transaction.

8. The system of claim 4 wherein said at least one investment bank is enabled to value said intellectual property rights, said valuation based on a marketability analysis of said rights.

9. The system of claim 4 wherein said at least one investment bank is enabled to enforce said intellectual property rights against an infringer and/or a party refusing to purchase said at least one unitized license contract.

10. The system of claim 4 wherein said at least one investment bank is enabled to purchase at least one unitized license contract with proceeds from any enforcement proceedings.

11. The system of claim 1 wherein said at least one buyer comprises an investor, said investor configured to purchase at least one unitized license contract to achieve appreciation.

12. The system of claim 11 wherein said investor acts on behalf of said at least one seller, said at least one buyer, or an investment bank.

13. The system of claim 11 wherein said investor comprises a market maker, a speculator, or an arbitrageur.

14. The system of claim 11 wherein said at least one investor is a licensee.

15. The system of claim 1 wherein said at least one buyer comprises a licensee, said licensee configured to purchase at least one unitized license contract to practice said intellectual property rights.

16. The system of claim 1 wherein said at least one seller comprises an owner of said intellectual property rights, an investment bank, or an investor.

22. The system of claim 1 wherein said at least one unitized license contract relates to a group of intellectual property rights.

23. The system of claim 22 wherein said group of intellectual property rights relates to a common product and includes patents, trademarks, and/or copyrights.

24. The system of claim 22 wherein said group of intellectual property rights relates to a common family of rights.

30. The system of claim 1 wherein said licenses to practice said intellectual property provide terms concerning enforcement of said intellectual property rights.

31. The system of claim 1 wherein said licenses to practice said intellectual property provide terms concerning the resale of said intellectual property rights.

32. The system of claim 1 wherein said licenses to practice said intellectual property provide terms regarding reporting of use of said intellectual property rights.

33. The system of claim 1 wherein said licenses to practice said intellectual property provide for a specific duration of use.

38. The system of claim 1 wherein said at least one regulation of trading is one concerning enforcement of the intellectual property rights.

39. The system of claim 1 wherein said at least one regulation of trading is one concerning the resale of licenses to practice said intellectual property rights.

40. The system of claim 1 wherein said at least one regulation of trading is one concerning reporting use of said license to practice said intellectual property rights.

41. The system of claim 1 wherein said at least one requirement of listing is one concerning enforcement of said intellectual property rights.

42. The system of claim 1 wherein said at least one requirement of listing is one concerning the price of licenses to practice said intellectual property rights.

43. The system of claim 1 wherein said at least one requirement of listing is one concerning the field of use of said license to practice said intellectual property rights.

17. A computer-implemented method for trading unitized contracts relating to intellectual property rights by at least one seller of said rights to at least one buyer through a computer-accessible intellectual property exchange, said method comprising the steps of:

storing in a computerized storage device information describing said at least one seller offering to at least one investment bank an exclusive license of said intellectual property rights with the right to practice said intellectual property for up to a predetermined quantity of instances and the obligation to report when said predetermined quantity of instances has been reached, said intellectual property including patents, copyrights, trademarks, trade dress, and/or trade secrets;

storing in a computerized storage device information describing said intellectual property exchange defining at least one regulation of trading and at least one requirement of listing on said intellectual property exchange, said intellectual property exchange allowing a plurality of participants to trade said at least one unitized license contract;

storing in a computerized storage device information describing said at least one investment bank accepting said exclusive license of said intellectual property rights;

storing in a computerized storage device information describing the terms of said at least one investment bank listing said at least one unitized license contract of said intellectual property rights on said intellectual property exchange;

storing on a computerized storage device information describing said at least one buyer purchasing through said intellectual property exchange said at least one unitized license contract comprising said right to practice said intellectual property for up to said predetermined quantity of instances; and

processing in a microprocessor the clearing of said purchase of said at least one unitized license contract by said buyer having said obligation to report when said predetermined quantity of instances has been reached.

18. The method of claim 17 wherein said at least one investment bank enforces said intellectual property rights against an infringer and/or a party refusing to purchase said at least one unitized license contract.

19. The method of claim 17 wherein said at least one buyer comprises an investor, said investor purchasing said at least one unitized license contract to achieve appreciation.

20. The method of claim 17 wherein said at least one buyer comprises a licensee, said licensee purchasing said at least one unitized license contract to practice said intellectual property rights.

21. The method of claim 17 wherein said at least one seller comprises an owner of said intellectual property rights, said at least one investment bank, or an investor.

25. The method of claim 17 wherein said at least one unitized license contract relates to a group of intellectual property rights.

26. The method of claim 25 wherein said group of intellectual property rights relates to a common product and includes patents, trademarks, and/or copyrights.

27. The method of claim 25 wherein said group of intellectual property rights relates to a common family of rights.

28. The method of claim 17 wherein the step of clearing of said purchase further comprises said microprocessor modifying said information describing said at least one seller and said at least one buyer to show that rights to said at least one unitized license contract has passed from said at least one seller to said at least one buyer.

29. The method of claim 28 wherein the step of clearing of said purchase further comprises said microprocessor modifying said information describing said at least one seller and said at least one buyer to show that compensation has passed from said at least one buyer to said at least one seller.

34. The method of claim 17 wherein said licenses to practice said intellectual property provide terms concerning enforcement of said intellectual property rights.

35. The method of claim 17 wherein said licenses to practice said intellectual property provide terms concerning the resale of said intellectual property rights.

36. The method of claim 17 wherein said licenses to practice said intellectual property provide terms regarding reporting of use of said intellectual property rights.

37. The method of claim 17 wherein said licenses to practice said intellectual property provide for a specific duration of use.