Intellectual property intermediary system

Abstract

To solve the problem that utilizing a patent is costly and further may result in business failure.SOLUTION: This mediation system automatizes a mechanism allowing underutilized patents to be utilized in a flat rate system. The mediation system includes a patent registration unit, a user registration unit, and a mediation unit and can be connected to terminals of patent holders and users via a network. The users can utilize patents with reduced economic burden in a less risky state. The patent holders can benefit from the patents because utilizing patents are promoted. A cooperator can initiate business through the patents. A system operator can benefit from mediation.SELECTED DRAWING: Figure 1

Description

Technical Field

[0001] The present invention relates to an intellectual property mediation system that mediates the use of intellectual property while suppressing the cost burden on users.

Background Art

[0002] In this era when there are so many goods and services, it is quite difficult to create something from scratch that doesn't exist at all, and the risk of failure is high. Therefore, it is possible to shorten the time and reduce the financial risk by conducting M&A on the existing services. However, M&A requires a huge amount of funds and a large burden. Also, as a business, it lacks novelty and is not interesting in that regard. Moreover, although Japan is a major intellectual property country, it cannot be said that the business utilization of intellectual property (intellectual property strategy) is sufficient. Furthermore, patents are difficult to understand without being an expert, and the application fees of agents are also difficult to understand.

[0003] In response to such problems, technologies such as those disclosed in Patent Document 1 have been proposed conventionally.

Prior Art Documents

Patent Documents

[0004]

Patent Document 1

Summary of the Invention

Problems to be Solved by the Invention

[0005] An object of the present invention is to easily mediate the utilization of intellectual property in order to reduce the burden on users and facilitate the start of a new business.

Means for Solving the Problems

[0006] The present invention is an intermediary system comprising: a patent registration means for registering at least existing patents and making them available for viewing by users; a user registration means for a person who wishes to use the said patent to register as a user; and an intermediary means for contractual processing to enable users to use the said patents of their choice on the condition of a fixed payment. Furthermore, the system may also include a patent attorney registration means for registering patent attorneys who register inventions and file applications for said inventions, and for patent attorneys to select a desired invention from the registered inventions and express their desire to accept the case. [Brief explanation of the drawing]

[0007] [Figure 1] This is a diagram illustrating the configuration of the mediation system of the present invention. [Modes for carrying out the invention]

[0008] The present invention's intermediary system makes it easy to utilize or acquire patents related to new businesses, which are often difficult to obtain in terms of funding, effort, and time, by offering them on an inexpensive subscription basis. By using this intermediary system, entrepreneurs and other users can solve the following problems and meet the following needs.

[0009] [assignment] It is extremely difficult to determine what patents currently exist. I don't know how to use the patent. The costs associated with using patents are unclear and relatively high. [needs] Patents themselves are complicated and tend to be something people avoid. We want to differentiate ourselves from other companies by using our patents. I want to obtain or use a patent without the complex procedures of examination and document preparation.

[0010] This intermediary system allows users to access existing patents online without cumbersome procedures. This invention contributes to revitalizing and accelerating Japan's intellectual property industry by enabling users to utilize high-quality technologies (unused patents), including their own patents, during the startup phase of their businesses. Paying large sums of money for licensing or transfer fees from other companies is risky in uncertain business ventures, but this invention allows for the free use of patents on a fixed-fee basis, lowering the barrier to implementing patented technologies and making it easier to introduce inventions to the market.

[0011] To utilize or acquire a patent, it is necessary to obtain a license, transfer of rights, or file a new application. We offer all of these patent utilization and acquisition services (sometimes referred to as "utilization" in the following explanations) at a low, fixed-rate fee (annual contract). The patents used can be changed annually. This means that by implementing various patented inventions, you can explore successful businesses through trial and error. Furthermore, it is more advantageous to obtain a patent in advance or file a new application before starting, as this reduces the risk of infringement. Additionally, because you have a license for existing patents, it becomes easier to raise funds (loans, investments, subsidies, etc.).

[0012] Furthermore, this intermediary system could also include a feature where complex patent rights are explained clearly in 1-3 minute videos on a video streaming site.

[0013] Furthermore, if you want patent information related to the keyword "robot," you can register the keyword and have the latest "robot" patent information automatically searched and delivered whenever the information is updated.

[0014] The terms of the contract between the patent owner and the user shall be determined by the owner registering pre-selectable contract types, from which the user can choose. Generally, the patent owner registers the following four patterns in advance. Non-exclusive license • Exclusive non-exclusive license • Exclusive license ·assignment

[0015] This intermediary system has the following functions. · Membership registration function · Fixed-fee charging function · My Page (expert consultation, email, chat, patent management, history, status, etc.) status management function · Function to view the database of available patents · Function to transfer and register the data registered with the Patent Office · Keyword search function

[0016] Figure 1 is a configuration diagram showing the intermediary system of the present invention. This intermediary system or intermediary server has the following functions by a combination of hardware and software. It is assumed that the actions of the owner, user, and collaborator are performed from a terminal connected to the network.

[0017] The intermediary system has a patent registration department, a user registration department, and an intermediary department. It can also be connected to the terminals of the owner and the user through the network.

[0018] The patent registration department registers the patents held by individuals, companies, universities, and research institutions. These patents can be viewed by users. The patents can be either unused or in use. The patents may be automatically extracted and registered from the published gazettes of patents, those patents with a description indicating an intention of licensing, by the collection means of the patent registration department. Also, those disclosed in the open patents of companies may be automatically extracted and registered. Furthermore, it may appeal to the owners of unused patents through advertisements, etc., to encourage registration.

[0019] The owner may register one or more of the following for the form of patent offer: non-exclusive ordinary license, exclusive ordinary license, exclusive license (hereinafter sometimes collectively referred to as "license"), assignment, and new application. It may also be possible to register general important contract terms. However, due to the flat rate system, the license fee and transfer consideration shall be determined according to the regulations of the mediation system (individual contract terms cannot be negotiated. It is a contract form based on so-called terms). Furthermore, if the patent owner has the right to sublicense, it can also be registered. Additionally, a trusted patent can be registered in the same way. The same applies to a patent with a pledge set. A patent includes the right to obtain a patent, the right to obtain a utility model registration, and may also include the right to obtain a design registration. For a program, it may be a copyright.

[0020] In the case of a non-exclusive ordinary license, the patent registration department may display the number of licenses. By displaying the number of licenses, it is possible to predict the extent to which a third party will implement when the owner implements. Also, the expiration date of the license contract may be displayed. By displaying the expiration date, it is possible to predict the time when a third party will withdraw from the market when the owner implements.

[0021] Multiple patents can be licensed simultaneously in the form of a non-exclusive ordinary license. The patent registration department can group patents related to specific technologies or products based on the International Patent Classification and has the function of displaying them on the user's terminal. This reduces the risk of license leakage during implementation. Furthermore, it is different from a patent pool in that it is not limited to essential patents and can freely select the necessary patents, and the license fee can be adjusted accordingly.

[0022] In the case of an exclusive ordinary license, if a non-exclusive ordinary license is set for the relevant patent, the patent registration department shall display that fact. This allows the user to know the degree of exclusivity. Also, for a patent with a non-exclusive ordinary license set, it can be processed so as not to display that an exclusive ordinary license is possible. The same applies to the case of an exclusive license.

[0023] In the case of a transfer, the owner can pre-set the transfer price. This allows users to compare licensing and transfer and choose the more advantageous option. Furthermore, the Patent Registration Department can process transfers in the following ways: If a user wishes to transfer their license in the future, they can enter this information when applying for a license and have it remembered. If a user wishes to transfer their license, they will be given priority purchase rights for a certain period (e.g., six months), and after that period, the purchase rights will be granted to the next licensee. When the rights are transferred, other users may continue their contracts under the terms of the agreement, and the new purchaser user will accept the contents of that agreement as a condition of the transfer.

[0024] The patent registration unit has a billing unit. The billing unit charges license fees and transfer fees based on the billing method registered in advance by the user.

[0025] The Patent Registration Department will include a section for registering collaborators. Collaborators are third parties necessary for conducting business using patents, such as parts manufacturers, development companies, and retailers. For each patent, companies that can procure parts related to that patent will register. The registration details will include parts details and prices. In addition, for each patent, companies that design and develop products related to that patent will register. The registration details will include development costs and product specifications. Furthermore, for each patent, companies that manufacture the products will register. The registration details will include manufacturing costs and production volume.

[0026] Furthermore, retailers who sell patented products register their products. The registration details include the product category, product plan, price, wholesale price, etc. In this intermediary system, the owner earns a fixed profit, but if the products are not sold and do not generate a profit, it becomes difficult to continue the use and the purpose of the license cannot be achieved. However, if the retailers actually sell the products, the users will benefit. The patent registration department can track the sales performance of retailers, which is extremely useful when considering licensing on a running royalty basis after the fixed-price period ends.

[0027] If the manufacturer is a parts manufacturer, it is possible to enter into a contract with the patent owner on the condition that the parts manufacturer be designated as a user of the patent, taking into consideration regulations such as antitrust laws, and to return a portion of the parts manufacturer's sales to the owner. The same applies to other collaborators.

[0028] The user registration section is where users who wish to utilize the patents register. These users include venture companies and those considering starting a business, but are not limited to them. It can be used by companies starting new businesses as well as large corporations.

[0029] After registering in the user registration section, users can view patents registered in the patent registration section. They can also apply to use patents they wish to commercialize. When doing so, users can choose from assignment, licensing, or new application. The number of patents a user can use depends on the agreement between the user and the system operator. Any patent is available for use on a flat-rate basis.

[0030] Users can be individuals or corporations. Furthermore, users can select collaborators from a pool of collaborators linked to their patents. Users can also find and register collaborators themselves.

[0031] The user registration section also allows for user restrictions. For example, licenses can be restricted to users who are competitors of the patent owner. By pre-entering specific company names in the user registration section, license applications from those companies can be rejected or their applications can be excluded from the patent list.

[0032] The intermediary automatically concludes a contract with the user's chosen patent owner, based on the selected usage arrangement. Specifically, the contract is concluded when the owner agrees to the user's selection (license application). This allows the user to use the patent for a fixed monthly fee. The fee is paid to the owner monthly through the intermediary system. A portion of the fixed fee (regardless of the type, such as license or transfer) is paid to the system operator.

[0033] The contract period is, for example, one year. Terms and conditions, such as the availability of sublicense rights, are registered in advance. Contract negotiations through the intermediary system will not be accepted in principle. For example, if a commercialization attempt using one patent is unsuccessful, a different patent can be used in the next contract.

[0034] The fixed-rate pattern can be set arbitrarily. For example, a fixed rate of 50,000 yen per month per patent use. The amount can also be different depending on the form in which the patent is provided. For example, a higher rate for transfer and a lower rate for licensing, or a higher rate for exclusive licensing and a lower rate for non-exclusive licensing.

[0035] The transfer price will be paid in installments, effectively making it a fixed payment. Installment payments will be made through an intermediary. It is also possible to change from a transfer to a license. In this case, the patent will be returned and the license will be chosen. Furthermore, in the case of a transfer, the transfer agreement may include a right of restitution until payment is completed.

[0036] The fees for obtaining a new patent are also fixed. In this case, it essentially becomes a form of installment payment of the total cost of invention development and agent fees. When listing an unfiled patent, the exception to the loss of novelty will be used. Furthermore, unregistered applications can also be licensed and transferred. The method is the same as for the patents mentioned above.

[0037] According to the above intermediary system, users can utilize patents with minimal financial burden and risk. Furthermore, patent owners can earn revenue from their patents as their use is promoted. Collaborators can start businesses through patents. System operators can earn revenue through intermediation.

[0038] Furthermore, a patent attorney intermediary department may be established (not shown in the diagram). The patent attorney intermediary department has the following functions: The patent attorney intermediary department posts inventions that users wish to file patent applications for. Only patent attorneys and lawyers (hereinafter referred to as "patent attorneys, etc.") registered with the patent attorney intermediary department can view the posted content. Patent attorneys, etc. must register with the patent attorney intermediary department in advance. At this time, they shall agree to payment of fees on a subscription basis. In effect, they will be charged a number of times equal to the predetermined fee divided by a predetermined monthly amount.

[0039] The Patent Attorney Intermediary Department maintains records for each user of inventions that are in the process of being filed, are pending, or have been registered. For inventions in the process of being filed, patent attorneys can review them as described above, and if they wish to handle the case, they will contact the user through the Patent Attorney Intermediary Department. Users can check the registration details of the patent attorneys and make requests through the Patent Attorney Intermediary Department. The terms of the assignment shall be in accordance with the terms and conditions of the Patent Attorney Intermediary Department. Fixed fees may be set in stages according to the complexity of the invention.

[0040] Since a certain period of time is required from filing an application to obtaining patent rights, a fixed fee is paid to the patent attorney during that time. The payment processing is handled by the Patent Attorney Intermediary Department.

[0041] Since the application fees will also be adjusted to a fixed amount and paid as a monthly payment, applicants can spread the burden across monthly payments, making it easier to use. [Explanation of Symbols]

[0042] 100 Intermediary Systems

Claims

1. A patent registration means that registers at least existing patents and makes them available for viewing by users, A user registration means for a person who wishes to use the aforementioned patent to register for use, An intermediary means that, in exchange for a fixed payment, makes available to the user a desired patent from among the aforementioned patents through contractual processing, It has, The aforementioned patent registration means compiles patents related to a specific technology based on the International Patent Classification and displays them on the user's terminal. Intermediary system.

2. Furthermore, the intermediary system according to claim 1 is characterized by comprising a means for registering patent attorneys who register inventions and file applications for said inventions, and for patent attorneys to select a desired invention from the registered inventions and express their desire to accept the case.

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