The present invention relates to a calculation apparatus for patent power utilizing patent history data and an operation method thereof.
Conventionally, patent evaluation methods are divided into a monetary evaluation method for calculating value of a patent, and a relative evaluation method used in think-tanks etc.
Examples of the conventional monetary evaluation methods include DCF method by scoring, Black-Scholes model, cost approach, or market approach. Since these methods are monetary and financial evaluations, they are useful in transferring patents etc, but the qualitative analysis (scoring) tends to be subjective, and when evaluating all patents, it costs enormously.
Meanwhile, examples of the relative evaluation methods include a statistical evaluation by analyzing the number of owned patents, registration rate, the number of applications and the number of claims etc, and technology evaluation by analyzing terms in application and technology chart etc. Since evaluations in these methods are carried out based on data, they are objective and effective in comparison of technological power with competitors, but it is difficult to determine a causal relationship between evaluation items and business activities (exclusive power of patents). For example, it is known that a company having a large number of patents does not always have earning power.
In addition, as the patent reference 1, when calculating patent value, market information of a product using the patent including market data, financial data, or marketing data, and rating scores regarding commercialization power, technological power, patent's strength, applicability to today's society and total power, are acquired. Subsequently, a profit creation index of the patent is calculated based on earning power of the product and profit contribution of the patent, thereby acquiring a theoretical price of the patent at the evaluation based on the profit creation index, formative effect of product market based on market scale of the product, risk rate and extensibility of the patent.
Patent Reference 1: Japanese Unexamined Patent Application Publication No. 2005-174313
However, when using the monetary evaluation methods as the patent reference 1, it is necessary to examine the market information and the scope of the respective patents, so that it is difficult to evaluate the patents at once. In addition, in the relative evaluation method, as described above, it is difficult to determine the causal relationship between evaluation items and business activities (exclusive power of patents). Therefore, there are difficulties in evaluation of a group of patents, and a suitable method has not been developed yet. In recent days, intellectual properties account for a large portion of corporate value, so that a standard indicator showing accomplishments of management of the intellectual properties is required. Therefore, the present invention provides the calculation apparatus for patent power according to the evaluation capable of determining the causal relationship between evaluation items and business activities (exclusive power of patents).
The present invention provides the following calculation apparatus for patent power and an operation method thereof.
Concretely speaking, in an aspect of the present invention, a calculation apparatus for patent power, comprising an acquisition unit for patent history data, acquiring patent history data of an application, an extraction unit for item content, searching for a combination of standard item names indicating legal procedures against the application by pattern matching processing utilizing a preliminarily given pattern, in which the standard item name is described in the acquired patent history data, and extracting the item content described in the patent history data correlated with procedure date in accordance with the retrieved combination of standard item names, a storage for search result, storing the extracted item content and the date correlated with the retrieved combination of standard item names, a storage for cost table, storing a cost table, in which a predetermined cost is correlated with a combination of item contents stored being correlated with the combination of standard item names, a storage for obsolescence function, storing obsolescence functions used as measures of the obsolescence of technique in each technical field, a calculation unit for post-obsolescence cost, acquiring cost with respect to each combination of item contents extracted according to the combination of standard item names of each application by means of the cost table stored in the storage for cost table, and calculating the post-obsolescence cost on a calculation reference date by means of the calculation reference date, the procedure date correlated with the combination of item contents, the filing date of the application, and the obsolescence function of the technical field of the application, a totalizing unit, totalizing the calculated post-obsolescence costs regarding the application, and an output unit, outputting the totalized value acquired by the totalizing unit, is provided.
In another aspect of the present invention, a method for operating a calculation apparatus for patent power, which comprises a storage for cost table, storing a cost table, in which a predetermined cost is correlated with a combination of item contents, correlated with the combination of standard item names and stored, and a storage for obsolescence function, storing obsolescence functions used as measures of the obsolescence of technique in each technical field, the method comprising the steps of acquiring patent history data of an application, extraction for item content, searching for a combination of standard item names indicating legal procedures against the application by pattern matching processing utilizing a preliminarily given pattern, in which the standard item name is described in the acquired patent history data, and for extracting the item content described in the patent history data correlated with procedure date in accordance with the retrieved combination of standard item names, storing the extracted item content and the date correlated with the retrieved combination of standard item names, calculation of post-obsolescence cost, acquiring cost with respect to each combination of item contents extracted according to the combination of standard item names of each application by means of the cost table stored in the storage for cost table, and calculating the post-obsolescence cost on a calculation reference date by means of the calculation reference date, the procedure date correlated with the combination of item contents, the filing date of the application, and the obsolescence function of the technical field of the application, totalizing the calculated post-obsolescence costs regarding the application, and outputting the totalized value acquired by the totalizing step, is provided.
According to the calculation apparatus for patent power of the first embodiment, it is possible to carry out the monetary evaluation of the group of patents. Moreover, the totalized value is calculated by the calculation apparatus for patent power utilizing only objective data without scoring, so that arbitrariness is completely excluded.
Embodiments of the present invention will be described hereinbelow with reference to the drawings. The present invention is not to be limited to the above embodiments and able to be embodied in various forms without departing from the scope thereof. The first embodiment will describe Claims 1 and 2.
A brief description of the totalized value finally calculated by the calculation apparatus for patent power of the first embodiment is provided. The totalized value is calculated per an application. The calculation apparatus for patent power of the first embodiment carries out the calculation based on a brand new method for directly measuring the exclusive power of patent. Here, we consider that the worth of a patent is measured by the exclusive power of the patent. The exclusive power means a power indicating strength of a patent holder in monopolizing the market, in other words, a power of the patent as an obstacle to other competitors' business. It is possible to liken this exclusive power to a wall or a fence to make the boundary with competitors. When there is no competitor or no one who has an interest, it is meaningless to make the fence. For example, it is nonsense to make the fence on a deserted island to defend from a third party. Meanwhile, when there are competitors, it is highly significant to make the fence. If the fence is a great wall, which can perfectly exclude the third party, it is more highly significant. Accordingly, it is of great significance in making the wall for perfectly defending a large territory in the middle of Tokyo from the third party. This action to exclude the third party is the exclusiveness of the competitors, the large territory is a wide scope of patent right, and the great wall is a patent which is unlikely to be invalid.
In the business where there are many competitors, the strong patent covering the wide scope of right means the strong exclusive power. To have the strong exclusive power in the market benefits the patent holder. Therefore, the evaluation of the exclusive power of the patent is synonymous with the evaluation of earning power of the patent.
Subsequently, a description of an evaluation method for the exclusive power is provided. When the patent holder wishes to monopolize the market by the patent having the exclusive power, there are competitors to be excluded. Therefore, the competitor to be excluded takes the following actions against the patent having the exclusive power as an obstruction.
If the patent as the obstruction to the competitor's business is found, the competitor takes the following actions.
At the outset, the competitor researches the content of the patent, and should determine the action such as a negotiation of licensing, an action to invalidate, or a redesigning. Then, the competitor takes actions against the patent. Accordingly, it is preferable that the calculation apparatus for patent power of the first embodiment evaluates the actions by the third party against the patent as evaluation targets.
After the invention, there are various actions done to the patent from filing, publication, examination, registration to expiration. Examples of the action include an examination request, a rejection, a decision of a patent grant or a final decision for rejection, a request for inspection of files, an appeal trial, and a trial for invalidation. Among these actions, examples of the action by the third party include the request for inspection of files showing examination history of the patent and the trial for invalidation to invalidate the patent. The calculation apparatus for patent power of the first embodiment can evaluate such actions by the third party (competitor), thereby indexing the exclusive power of the patent.
Next, the reason why it is preferable to limit the evaluation target to the actions by the third party is described. For example, the action ‘filing’ by the applicant (right holder) is not the evaluation target. The reason for this is that a company having large number of patent applications does not always have earning power by the patent. For example, when most of the patent applications are treated as withdrawn without examination request or finally rejected in the examination, the large number of the patent applications is meaningless and such patent applications are not to be the evaluation targets. Moreover, if the action by the right holder is included in the evaluation target, it is possible for him to arbitrarily change the evaluation of himself.
Meanwhile, when the patent is non-negligible for the competitor and he cannot help investigating the patent, and as a result of the investigation, he determines that it is difficult to avoid the patent, so that he demands a trial for invalidation, it is expected that such patent is highly evaluated.
The ‘acquisition unit for patent history data’ (0101) has a function of acquiring patent history data of an application. An example of the patent history data includes standardized data in Japan acquired by standardizing and processing various information such as examination history information held by Japanese Patent Office. The patent history data includes legal procedures such as the trial for invalidation against a registered patent other than the examination history information. Moreover, not limited to the patent history, examination history information and post-registration information regarding utility model, design, or trademark are included. By referring the patent history data, information of filing date, applicant, inventor, and IPC etc, and existence or non-existence of the examination request, and the examination history can be known.
The ‘extraction unit for item content’ (0102) has a function of searching for a combination of standard item names indicating legal procedures against the application by pattern matching processing utilizing a preliminarily given pattern, in which the standard item name is described in the acquired patent history data, and extracting the item content described in the patent history data correlated with procedure date in accordance with the retrieved combination of standard item names.
Here, examples of the legal procedure against the application include a request for inspection of files and the trial for invalidation.
The combination of standard item names indicating legal procedures against the application is, for example, in the case of the trial for invalidation against the application, a combination of standard item names such as kind of trial case, kind of final decision, and conclusion of trial decision. By pattern matching processing of the patent history data utilizing this combination, the search for the trial for invalidation as the legal procedure is carried out. The data to search for the trial for invalidation as the legal procedure spreads across the patent history data, so that it is necessary to carry out the pattern matching processing, thereby extracting the item content etc. Subsequently, description of a method for extracting the item content described in the patent history data correlated with procedure date in accordance with the retrieved combination of standard item names is provided.
Moreover, the procedure dates correlated with these item contents are extracted. For example, in the case of the trial for invalidation, the ‘date of demand for trial’ is extracted. The ‘storage for search result’ (0104) has a function of storing the extracted item content and the date correlated with the retrieved combination of standard item names. For example, in
The ‘storage for cost table’ (0104) has a function of storing a cost table, in which a predetermined cost is correlated with a combination of item contents stored being correlated with the combination of standard item names.
The ‘storage for obsolescence function’ (0105) has a function of storing obsolescence functions used as measures of the obsolescence of technique in each technical field. The obsolescence function is acquired as follows. The upper diagram in
In
The ‘calculation unit for post-obsolescence cost’ (0106) has a function of acquiring cost with respect to each combination of item contents extracted according to the combination of standard item names of each application by means of the cost table stored in the storage for cost table, and calculating the post-obsolescence cost on a calculation reference date by means of the calculation reference date, the procedure date correlated with the combination of item contents, the filing date of the application, and the obsolescence function of the technical field of the application.
At the outset, description of a method for acquiring cost with respect to each combination of item contents extracted according to the combination of standard item names of each application by means of the cost table stored in the storage for cost table is provided. As shown in
Subsequently, a method for calculating the post-obsolescence cost by utilizing the obsolescence function is described with reference to
It is assumed that regarding to one patent, the trial for invalidation is demanded after a years from the filing and decision of maintenance of a patent is sentenced, and that a series of the procedures are 100 points in the cost table. Additionally, the calculation reference date is β years from the filing date. In this case, let a coefficient of residue value of technology for α years is T(α), and a coefficient of residue value of technology for β years is T(β), the post-obsolescence cost at the calculation reference date is:
The post-obsolescence cost=100×T(α)/T(β)
Assuming that the calculation reference date is now, if the date of the action (α years) is 2 years from the filing date, and now (β years) is 3 years from the filing date, the patent is not obsolete. if the date of the action (α years) is 2 years from the filing date, and now (β years) is 15 years from the filing date, the patent is seriously obsolete. Therefore, the older the legal action, the smaller its post-obsolescence cost at the present time.
The ‘totalizing unit’ (0107) has a function of totalizing the calculated post-obsolescence costs regarding the application. Therefore, it is possible to calculate the patent power for one application.
The ‘output unit’ (0108) has a function of outputting the totalized value acquired by the totalizing unit. It is possible to acquire a relation between the patent powers of companies by adding the totalized values with respect to each patent holder company. Thus, the totalized value outputted by the ‘output unit’ (0108) may be value acquired by adding the totalized values with respect to each specific unit.
Note that the respective units in the first embodiment can be configured by hardware, software, or both hardware and software. For example, in the case of using a computer, the respective units are implemented by the hardware configured by a CPU, a memory, a bus, an interface, and other peripheral devices etc., and by the software operable on the hardware.
Concretely speaking, by sequentially carrying out programs on the memory, the data on the memory and the data inputted via the interface are processed, stored, and outputted etc., thereby implementing functions of the respective units.
Specifically, as shown in
Additionally, the RAM (0602) reads out a program for various processes to be executed by the CPU, and provides the work area for the program. A plurality of memory addresses are assigned to the RAM (0602) and the ROM (0603), respectively, and the program executed by the
CPU (0601) can be executed by specifying and accessing the address, and exchanging data.
With reference to
At the outset, when power of the calculation apparatus for patent power is on, the CPU (0601) develops the various programs such as a program for acquiring patent history data, a program for extracting item content, a program for storing search result, a program for calculating the post-obsolescence cost, a program for totalizing, a program for outputting, on the work area in the RAM (0602).
Subsequently, the CPU (0601) executes the program for acquiring patent history data, thereby acquiring the patent history data of the evaluation target patent. The acquired patent history data is stored in the data area in the RAM (0602). Subsequently, the CPU (0601) execute the program for extracting item content, and reads out the pattern file stored in the storage area in the ROM (0603) etc, on the data area in the RAM (0602). In the pattern file, the combination of standard item names of the legal procedures against the application is preliminarily stored. Then, the search for a combination of standard item names indicating legal procedures against the application by pattern matching processing utilizing the pattern file is carried out, thereby extracting the item content and procedure date, which are corresponding to the combination of standard item names. Subsequently, the CPU (0601) executes the program for storing search result, thereby correlating the extracted item contents and the procedure dates with the combination of standard item names, and storing them to the data area in the RAM (0602). Subsequently, the CPU (0601) executes the program for calculating the post-obsolescence cost. The CPU (0601) reads out the cost table and the obsolescence function to the data area in the RAM (0602). Then, by searching the cost table, the cost corresponding to the search result stored in the data area is acquired. Subsequently, the post-obsolescence cost is calculated by using the obsolescence function corresponding to the technical field of the application. The calculated post-obsolescence cost is stored in the data area in the RAM (0602). After that, the CPU (0601) executes the program for totalizing, thereby totalizing all post-obsolescence costs regarding the application stored in the data area in the RAM (0602). The totalized value is stored in the data area in the RAM (0602). Subsequently, the CPU (0601) executes the program for outputting, thereby outputting the totalized value thorough the input/output interface (I/0) (0604).
Moreover, the calculated totalized value may be correlated with the application number etc. and may be stored in the storage such as the HDD (0605).
At the outset, in a step S0701, the patent history data is acquired. Subsequently, in a step S0702, the combination of standard item names indicating legal procedures against the application by pattern matching processing is searched for by utilizing a preliminarily given pattern. Subsequently, in a step S0703, a process of extracting the item content described in the patent history data correlated with procedure date in accordance with the retrieved combination of standard item names is executed. Subsequently, in a step S0704, a process of storing the extracted item content and the date correlated with the combination of standard item names is executed. Subsequently, in a step S0705, the corresponding cost is acquired by searching the cost table. Subsequently, in a step S0706, the obsolescence function corresponding to the technical field of the application, the calculation reference date, the procedure date, and the filing date are acquired. Subsequently, in a step S0707, the post-obsolescence cost is calculated by using the acquired obsolescence function corresponding to the technical field of the application, the calculation reference date, the procedure date, and the filing date. Subsequently, in a step S0708, the calculated all post-obsolescence costs regarding application is totalized. Subsequently, in a step S0709, the acquired totalized value is outputted to the display etc.
Note that the flowchart of
According to the calculation apparatus for patent power of a first embodiment, it is possible to carry out economic evaluation of the group of patents.
Conventionally, it costs enormously to evaluate the economic value of one patent (e.g., 300,000 yen per a patent), so that it is difficult to carry out a micro-evaluation of the group of patents. The micro-evaluation is to carry out detailed survey for one patent, thereby calculating its economic value. In the calculation apparatus for patent power of a first embodiment, the evaluation target is the action taken by the third party after investigating a patent as an obstacle to his business and evaluating a degree of its obstuctiveness to his business, so that the result of the micro-evaluation by the third party is indirectly evaluated. Therefore, since the degree of obstuctiveness to the third party's business spreads across in the history information is utilized as the evaluation target, the evaluation is carried out utilizing the data with high quality even if it is a macro-evaluation.
Moreover, the totalized value per application calculated by the calculation apparatus for patent power is calculated by utilizing only objective data without scoring, so that arbitrariness is completely excluded.
Number | Date | Country | Kind |
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2007-164465 | Jun 2007 | JP | national |
This application is a continuation of U.S. patent application Ser. No. 12/666,044 filed Dec. 22, 2009, which is incorporated herein by reference in its entirety.
Number | Date | Country | |
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Parent | 12666044 | Dec 2009 | US |
Child | 13930618 | US |