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System and Method to Facilitate and Support Exchange of Proprietary Information

a technology of proprietary information and system, applied in the field of electronic contract applications, can solve the problems of lack of standardized commercial, lack of standardized application, and the inability of people who require innovations to have a place, and achieve the effect of convenient adaptation, easy to submit ideas, and easy to purchase and licens

Inactive Publication Date: 2006-09-07
PITCHWARE
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  • Summary
  • Abstract
  • Description
  • Claims
  • Application Information

AI Technical Summary

Benefits of technology

[0012] The present invention is a method and apparatus for effectuating bilateral commerce in ideas. The present invention is both an originator- and user-driven on-line commercial network system designed to facilitate idea submission, purchase, and licensing and is easily adapted to business-to-business (B2B) transfers of innovation as well as consumer-to-business (C2B) transfers of innovation. The invention allows originators of ideas to communicate nondisclosing synopses of ideas directly or globally to potential users, for users conveniently to search for relevant ideas and for users potentially to bind an originator to a license granting the user the right to access and consider confidentially the originator's fully disclosed idea. The invention also allows users to communicate confidentially or nonconfidentially unsolved problems or needs globally to potential originators, for originators conveniently to search for relevant unsolved problems or needs and for originators to submit and communicate confidentially proposed solutions to the soliciting user.
[0013] In one embodiment, the apparatus of the present invention includes a controller that receives ideas from originators. The controller classifies the ideas according to topic, industry, intended user, or other characteristic or input variable and makes a nondisclosing synopsis (summary or description) of the ideas available individually and / or globally to one or more potential users. Potential users have the option to review all nondisclosing synopses or define relevant search criteria that is utilized by the controller's search engine to search the fully disclosed idea database and display relevant nondisclosing synopses with a corresponding relevancy rank. Potential users may access the fully disclosed idea that corresponds to the chosen nondisclosing synopsis and thereby bind both the user and the originator to a license agreement granting the user the right to access and consider the fully disclosed idea on the terms contained in the license. The relevancy rank allows potential users to access only relevant fully disclosed ideas and rank or prioritize the nondisclosing synopses that seem to meet the potential user's criteria. In this manner, users do not have to access those fully disclosed ideas for which the user has no desire to review and consider, thus reducing any potential exposure to liability for misappropriation with respect to fully disclosed ideas not accessed by the user.

Problems solved by technology

Innovators worry that their ideas might be misappropriated or nonconfidentially disclosed.
People who require innovations do not have a place to solicit other's ideas or confidentially list their requirements.
Furthermore, the deficiencies in the prior art include, but are not limited to, lack of standardized commercial and contractual relationships; lack of industry and trade practices applicable across a multitude of industry segments; lack of clear submission criteria; lack of binding, universally applicable confidential disclosure means; lack of efficient and accessible enforcement means; inability to identify accurately likely users capable of implementing the idea or innovation; uncertainty in legal obligations between originator and user; the inability to identify relevant ideas prior to gaining access to a fully disclosed idea; and inability to identify relevant ideas prior to gaining access to a fully disclosed idea.
Current user-driven innovation transfer protocols are likewise limited in application.
Companies of all sizes and in all industries face the same problem-how to access effectively and efficiently externally and internally generated innovation without the attendant unmanageable exposure to potential liability for alleged misappropriation.
Users desiring access to externally (i.e., innovation generated by nonemployees) and internally (innovation generated by employees and consultants) generated innovation face significant barriers, transaction costs, and legal liability.
With respect to externally generated ideas, users often lack the resources and expertise required to filter and screen efficiently external, unsolicited idea submissions.
Users fear that a user's independently created innovation may be subject to legal claims of originators who previously have submitted similar ideas to the user.
With respect to internally generated ideas, originators often lack sufficient compensatory incentives to disclose potentially valuable ideas.
As a result, such idea submission programs and innovation transfer protocols fail to provide adequate incentive for employee originators to develop and disclose potentially valuable ideas and are necessarily unilateral and nonbinding.
The deficiencies in the prior art include the inability of smaller businesses and individuals to communicate globally to potential originators confidential RFPs; the inability of originators to search efficiently and effectively for relevant RFPs; the inability of smaller organizations or individuals to identify efficiently and effectively willing originators and to obtain and access proposals and potential solutions; and the inability of originators to communicate efficiently and effectively proposed solutions globally and confidentially to smaller organizations and individuals.

Method used

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Examples

Experimental program
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embodiment

FDI Transfer Agreement Embodiment

[0162] In one embodiment of the present invention, users respond to FDI 130a, whether submitted independently or as a proposed solution to user's RFP 130b, by proposing the terms of an offer to option, license, purchase or otherwise transfer the right to use the FDI 130a, by submitting an FDI transfer agreement. The FDI transfer agreement is submitted in a similar manner as the NDS(FDI) 100a, except that FDI transfer agreement is directed to a specified originator, whereas NDS(FDI) 100a may have been directed to a plurality of users.

[0163]FIG. 18a depicts the development and submission of an FDI transfer agreement. At step 1800a, the potential user proposes terms for the FDI transfer agreement. As shown in box 1805a, potential user may attempt to acquire from originator a license, preemptive right, assignment or other right to use the originator's FDI 130a. At step 1810a, user prepares FDI transfer agreement with modified terms. At step 1820a, user ...

##crow embodiment

Escrow Embodiment

[0169] In an alternative embodiment, payment to originator by user may be delayed until the rights to the FDI 130a have been adequately transferred to user. Escrow account 269 allows payment to be delayed until originator agrees to the terms of the FDI transfer agreement, which at the same time ensures that user will in fact make payment. Central controller 200 establishes escrow account 269 as a temporary holding account. When originator binds user to FDI transfer agreement at step 1900 and central controller 200 receives originator response at step 1920, funds are removed from user account 268 and placed in escrow account 269 at step 1930. When rights to use FDI 130a, or physical embodiment of the FDI 130a is transmitted to user and confirmation of transfer is received by central controller 200, funds are transferred from escrow account 269 to originator account 255.

[0170] In another embodiment, the FDI transfer agreement may provide for the payment of royalty or...

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PUM

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Abstract

A method and apparatus effectuates bilateral commerce in ideas. An originator and user-driven on-line commercial network system is designed to facilitate idea submission, purchase, and licensing, and is easily adapted to business-to-business transfers of innovation as well as consumer-to-business transfers of innovation. The invention allows originators of ideas to communicate nondisclosing synopses of ideas globally to potential users, for users conveniently to search for relevant ideas and for users potentially to bind an originator to a limited duration license granting user the exclusive right to access and consider confidentially the originator's fully disclosed idea. The invention also allows users to communicate confidentially or nonconfidentially unsolved problems or needs globally to potential originators, for originators conveniently to search for relevant unsolved problems or needs, and for originators to submit and communicate confidentially proposed solutions to the soliciting user.

Description

CROSS-REFERENCE TO RELATED APPLICATIONS [0001] This patent application is a continuation of U.S. patent application Ser. No. 10 / 854,653, filed May 24, 2004, which is a continuation of U.S. patent application Ser. No. 09 / 747,748, filed Dec. 22, 2000, which claims the benefit of U.S. provisional patent application 60 / 173,170, filed Dec. 27, 1999, which are incorporated by reference along with all other references cited in this application.BACKGROUND OF THE INVENTION [0002] The method and apparatus of the present invention relate to electronic contract applications using electronic networks. [0003] Innovation in the past two decades has been unprecedented. Innovation is important in facilitating economic growth, enhancing standards of living, spreading creativity, and the arts. Today, the Internet is the fastest growing communications tool in the history of the world; tomorrow, the Internet will be the primary communications tool for the entire world. Full-time instantaneous access to ...

Claims

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Application Information

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Patent Type & Authority Applications(United States)
IPC IPC(8): G06Q99/00G06Q10/00H04L29/06
CPCG06Q10/10G06Q30/06G06Q40/04G06Q50/184G06Q50/188H04L63/0421H04L63/0442H04L63/123H04L63/126H04L2463/102G06F17/30289G06Q30/00G06F16/21
Inventor POWELL, MICHAEL D.
Owner PITCHWARE
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