Title:

System and method for managing intellectual property life cycles

Document Type and Number:

United States Patent 7406425

Abstract:

The present invention relates to methods and systems for managing intellectual property assets. In an embodiment, an intellectual property protection life cycle of an intellectual property asset is managed, and an intellectual property marketing life cycle of the intellectual property asset is managed.

Inventors:

Frank, Scott M. (Dunwoody, GA, US)
Beckham, Carol T. (Marietta, GA, US)
Mclendon, Martin L. (Tucker, GA, US)
Short, Shannon M. (Atlanta, GA, US)
Bishop, Michael (Atlanta, GA, US)
Sharpley, Maia Y. (New York, NY, US)

Plaque It!

RELATED APPLICATIONS

This application is a continuation of U.S. patent application Ser. No. 09/750,136filed Dec. 29, 2000, now abandoned, which claims the benefits of U.S. Provisional Patent Application Ser. Nos. 60/173,919 filed Dec. 30, 1999, and 60/192,862 filed Mar. 29, 2000.

Claims:

What is claimed is:

1. A computer-readable medium containing a program for use with a computer for processing data for managing protection and licensing of intellectual property rights assets, the program comprising: receiving intellectual property rights asset protection data, wherein the intellectual property rights asset protection data includes protection data corresponding to a plurality of intellectual property rights assets, wherein each intellectual property rights asset is defined and maintained as an asset by the existence of legally-enforceable intellectual property protection rights pertaining to that intellectual property rights asset; storing the intellectual property rights asset protection data in an intellectual property rights asset protection database including a plurality of intellectual property rights asset protection data records, wherein each intellectual property rights asset protection data record of the plurality of intellectual property rights asset protection data records in the intellectual property rights asset protection database corresponds to at least one intellectual property rights asset; integrating, in a computer system, the intellectual property rights asset protection data with intellectual property rights asset marketability data to produce integration result data that is dependent on the integration of the intellectual property rights asset protection data and the intellectual property rights asset marketability data, wherein the integrating includes providing information from at least one intellectual property rights asset protection data record in the intellectual property rights asset protection database corresponding to at least one intellectual property rights asset to an intellectual property utilization system, determining, through user input into the intellectual property utilization system, a utilization decision regarding how the intellectual property rights asset should be utilized based upon intellectual property rights asset marketability data, and automatically updating the intellectual property rights asset protection database based upon the utilization decision; and outputting the integration result data that is dependent on the integration of the intellectual property rights asset protection data and intellectual property rights asset marketability data to at least aid a decision about the at least one intellectual property rights asset.

2. The computer-readable medium of claim 1, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data to produce a virtual intellectual property data packet associated with an intellectual property rights asset, wherein the virtual intellectual property data packet includes at least a portion of the intellectual property rights asset protection data and at least a portion of the intellectual property rights asset marketability data.

3. The computer-readable medium of claim 2, wherein the integrating further comprises mapping between the intellectual property rights asset protection data associated with an intellectual property rights asset and the intellectual property rights asset marketability data associated with the intellectual property rights asset.

4. The computer-readable medium of claim 2, wherein the integrating further comprises mapping between the intellectual property rights asset protection data associated with an intellectual property rights asset stored in the intellectual property rights asset protection database and the intellectual property rights asset marketability data associated with the intellectual property rights asset stored in an intellectual property rights asset marketability database, wherein the intellectual property rights asset protection database and the intellectual property rights asset marketability database are distinct from each other.

5. The computer-readable medium of claim 2, wherein the integrating further comprises mapping, using tagging data, between the intellectual property rights asset protection data associated with an intellectual property rights asset and the intellectual property rights asset marketability data associated with the intellectual property rights asset.

6. The computer-readable medium of claim 2, wherein the integrating further comprises mapping, using tagging data, between the intellectual property rights asset protection data associated with an intellectual property rights asset stored in the intellectual property rights asset protection database and the intellectual property rights asset marketability data associated with the intellectual property rights asset stored in an intellectual property rights asset marketability database, wherein the intellectual property rights asset protection database and the intellectual property rights asset marketability database are distinct from each other and are both indexed by a same key.

7. The computer-readable medium of claim 2, the program further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet.

8. The computer-readable medium of claim 7, wherein the generating further comprises selecting at least a portion of the intellectual property rights asset protection data and at least a portion of the intellectual property rights asset marketability data included in the virtual intellectual property data packet.

9. The computer-readable medium of claim 2, the program further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a technology embodying the intellectual property rights asset.

10. The computer-readable medium of claim 2, the program further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a type of intellectual property protection.

11. The computer-readable medium of claim 2, the program further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a status of intellectual property protection.

12. The computer-readable medium of claim 1, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data to produce utilization decision data.

13. The computer-readable medium of claim 1, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data, including a potential value of the asset, to produce a recommendation to abandon the asset when the potential value is below a threshold.

14. The computer-readable medium of claim 1, wherein the integrating further comprises integrating the intellectual property rights asset protection data, including a maintenance fee schedule, and the intellectual property rights asset marketability data, including a potential value of the asset, to produce a recommendation to not pay a maintenance fee to a patent office for the asset when the potential value is below a threshold.

15. The computer-readable medium of claim 1, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data, including potential infringer data, to produce a recommendation to file a continuation patent application for the asset when a potential infringer has been identified.

16. The computer-readable medium of claim 1, the program further comprising: receiving, by the computer system, the intellectual property rights asset protection data from an external entity; and receiving, by the computer system, the intellectual property rights asset marketability data from an external entity.

17. The computer-readable medium of claim 1, the program further comprising: receiving, by the computer system, the intellectual property rights asset protection data from a user; and receiving, by the computer system, the intellectual property rights asset marketability data from a user.

18. The computer-readable medium of claim 1, the program further comprising: receiving, by the computer system, the intellectual property rights asset protection data from another computer system; and receiving, by the computer system, the intellectual property rights asset marketability data from another computer system.

19. The computer-readable medium of claim 1, the program further comprising: accessing, by the computer system, the intellectual property rights asset protection data; and accessing, by the computer system, the intellectual property rights asset marketability data.

20. An apparatus configured to process data for managing protection and licensing of intellectual property rights assets, the apparatus comprising: at least one memory having stored thereon program code; and at least one processor that is programmed by at least the program code to enable the apparatus to: receive intellectual property rights asset protection data, wherein the intellectual property rights asset protection data includes protection data corresponding to a plurality of intellectual property rights assets, wherein each intellectual property rights asset is defined and maintained as an asset by the existence of legally-enforceable intellectual property protection rights pertaining to that intellectual property rights asset; store the intellectual property rights asset protection data in an intellectual property rights asset protection database including a plurality of intellectual property rights asset protection data records, wherein each intellectual property rights asset protection data record of the plurality of intellectual property rights asset protection data records in the intellectual property rights asset protection database corresponds to at least one intellectual property rights asset; integrate the intellectual property rights asset protection data with intellectual property rights asset marketability data to produce integration result data that is dependent on the integration of the intellectual property rights asset protection data and the intellectual property rights asset marketability data, wherein the integration includes providing information from at least one intellectual property rights asset protection data record in the intellectual property rights asset protection database corresponding to at least one intellectual property rights asset to an intellectual property utilization system, determining, through user input into the intellectual property utilization system, a utilization decision regarding how the intellectual property rights asset should be utilized based upon intellectual property rights asset marketability data, and automatically updating the intellectual property rights asset protection database based upon the utilization decision; and output the integration result data that is dependent on the integration of the intellectual property rights asset protection data and intellectual property rights asset marketability data to at least aid a decision about the at least one intellectual property rights asset.

21. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to integrate the intellectual property rights asset protection data and the intellectual property rights asset marketability data to produce a virtual intellectual property data packet associated with an intellectual property rights asset, wherein the virtual intellectual property data packet includes at least a portion of the intellectual property rights asset protection data and at least a portion of the intellectual property rights asset marketability data.

22. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to map between the intellectual property rights asset protection data associated with an intellectual property rights asset and the intellectual property rights asset marketability data associated with the intellectual property rights asset.

23. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to: map between the intellectual property rights asset protection data associated with an intellectual property rights asset stored in the intellectual property rights asset protection database and the intellectual property rights asset marketability data associated with the intellectual property rights asset stored in an intellectual property rights asset marketability database, wherein the intellectual property rights asset protection database and the intellectual property rights asset marketability database are distinct from each other.

24. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to map, using tagging data, between the intellectual property rights asset protection data associated with an intellectual property rights asset and the intellectual property rights asset marketability data associated with the intellectual property rights asset.

25. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to map, using tagging data, between the intellectual property rights asset protection data associated with an intellectual property rights asset stored in the intellectual property rights asset protection database and the intellectual property rights asset marketability data associated with the intellectual property rights asset stored in an intellectual property rights asset marketability database, wherein the intellectual property rights asset protection database and the intellectual property rights asset marketability database are distinct from each other and are both indexed by a same key.

26. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to generate a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet.

27. The apparatus of claim 26, wherein the at least one processor is further programmed to enable the apparatus to select at least a portion of the intellectual property rights asset protection data and at least a portion of the intellectual property rights asset marketability data included in the virtual intellectual property data packet.

28. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to generate a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a technology embodying the intellectual property rights asset.

29. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to generate a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a type of intellectual property protection.

30. The apparatus of claim 21, wherein the at least one processor is further programmed to enable the apparatus to generate a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a status of intellectual property protection.

31. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to integrate the intellectual property rights asset protection data and the intellectual property rights asset marketability data to produce utilization decision data.

32. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to integrate the intellectual property rights asset protection data and the intellectual property rights asset marketability data, including a potential value of the asset, to produce a recommendation to abandon the asset when the potential value is below a threshold.

33. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to integrate the intellectual property rights asset protection data, including a maintenance fee schedule, and the intellectual property rights asset marketability data, including a potential value of the asset, to produce a recommendation to not pay a maintenance fee to a patent office for the asset when the potential value is below a threshold.

34. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to integrate the intellectual property rights asset protection data and the intellectual property rights asset marketability data, including potential infringer data, to produce a recommendation to file a continuation patent application for the asset when a potential infringer has been identified.

35. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to receive the intellectual property rights asset protection data from an external entity; and receive the intellectual property rights asset marketability data from an external entity.

36. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to: receive the intellectual property rights asset protection data from a user; and receive the intellectual property rights asset marketability data from a user.

37. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to: receive the intellectual property rights asset protection data from another computer system; and receive the intellectual property rights asset marketability data from another computer system.

38. The apparatus of claim 20, wherein the at least one processor is further programmed to enable the apparatus to: access the intellectual property rights asset protection data; and access the intellectual property rights asset marketability data.

39. A method for processing data for managing protection and licensing of intellectual property rights assets, the method comprising: receiving intellectual property rights asset protection data, wherein the intellectual property rights asset protection data includes protection data corresponding to a plurality of intellectual property rights assets, wherein each intellectual property rights asset is defined and maintained as an asset by the existence of legally-enforceable intellectual property protection rights pertaining to that intellectual property rights asset; storing the intellectual property rights asset protection data in an intellectual property rights asset protection database including a plurality of intellectual property rights asset protection data records, wherein each intellectual property rights asset protection data record of the plurality of intellectual property rights asset protection data records in the intellectual property rights asset protection database corresponds to at least one intellectual property rights asset; integrating, in a computer system, the intellectual property rights asset protection data with intellectual property rights asset marketability data to produce integration result data that is dependent on the integration of the intellectual property rights asset protection data and the intellectual property rights asset marketability data, wherein the integrating includes providing information from at least one intellectual property rights asset protection data record in the intellectual property rights asset protection database corresponding to at least one intellectual property rights asset to an intellectual property utilization system, determining, through user input into the intellectual property utilization system, a utilization decision regarding how the intellectual property rights asset should be utilized based upon intellectual property rights asset marketability data, and automatically updating the intellectual property rights asset protection database based upon the utilization decision; and outputting the integration result data that is dependent on the integration of the intellectual property rights asset protection data and intellectual property rights asset marketability data to at least aid a decision about the at least one intellectual property rights asset.

40. The method of claim 39, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data to produce a virtual intellectual property data packet associated with an intellectual property rights asset, wherein the virtual intellectual property data packet includes at least a portion of the intellectual property rights asset protection data and at least a portion of the intellectual property rights asset marketability data.

41. The method of claim 40, wherein the integrating further comprises mapping between the intellectual property rights asset protection data associated with an intellectual property rights asset and the intellectual property rights asset marketability data associated with the intellectual property rights asset.

42. The method of claim 40, wherein the integrating further comprises mapping between the intellectual property rights asset protection data associated with an intellectual property rights asset stored in the intellectual property rights asset protection database and the intellectual property rights asset marketability data associated with the intellectual property rights asset stored in an intellectual property rights asset marketability database, wherein the intellectual property rights asset protection database and the intellectual property rights asset marketability database are distinct from each other.

43. The method of claim 40, wherein the integrating further comprises mapping, using tagging data, between the intellectual property rights asset protection data associated with an intellectual property rights asset and the intellectual property rights asset marketability data associated with the intellectual property rights asset.

44. The method of claim 40, wherein the integrating further comprises mapping, using tagging data, between the intellectual property rights asset protection data associated with an intellectual property rights asset stored in the intellectual property rights asset protection database and the intellectual property rights asset marketability data associated with the intellectual property rights asset stored in an intellectual property rights asset marketability database, wherein the intellectual property rights asset protection database and the intellectual property rights asset marketability database are distinct from each other and are both indexed by a same key.

45. The method of claim 40, further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet.

46. The method of claim 45, wherein the generating further comprises selecting at least a portion of the intellectual property rights asset protection data and at least a portion of the intellectual property rights asset marketability data included in the virtual intellectual property data packet.

47. The method of claim 40, further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a technology embodying the intellectual property rights asset.

48. The method of claim 40, further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a type of intellectual property protection.

49. The method of claim 40, further comprising generating a view of the intellectual property rights asset protection data and the intellectual property rights asset marketability data included in the virtual intellectual property data packet, the view including a status of intellectual property protection.

50. The method of claim 39, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data to produce utilization decision data.

51. The method of claim 39, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data, including a potential value of the asset, to produce a recommendation to abandon the asset when the potential value is below a threshold.

52. The method of claim 39, wherein the integrating further comprises integrating the intellectual property rights asset protection data, including a maintenance fee schedule, and the intellectual property rights asset marketability data, including a potential value of the asset, to produce a recommendation to not pay a maintenance fee to a patent office for the asset when the potential value is below a threshold.

53. The method of claim 39, wherein the integrating further comprises integrating the intellectual property rights asset protection data and the intellectual property rights asset marketability data, including potential infringer data, to produce a recommendation to file a continuation patent application for the asset when a potential infringer has been identified.

54. The method of claim 39, further comprising: receiving, by the computer system, the intellectual property rights asset protection data from an external entity; and receiving, by the computer system, the intellectual property rights asset marketability data from an external entity.

55. The method of claim 39, further comprising: receiving, by the computer system, the intellectual property rights asset protection data from a user; and receiving, by the computer system, the intellectual property rights asset marketability data from a user.

56. The method of claim 39, further comprising: receiving, by the computer system, the intellectual property rights asset protection data from another computer system; and receiving, by the computer system, the intellectual property rights asset marketability data from another computer system.

57. The method of claim 39, further comprising: accessing, by the computer system, the intellectual property rights asset protection data; and accessing, by the computer system, the intellectual property rights asset marketability data.

Description:

BACKGROUND

1. Field of the Invention

The present invention relates generally to the field of intellectual property management, and more particularly to systems and methods for managing intellectual property life cycles.

2. Background of the Invention

The field of intellectual property is vigorously expanding and evolving. Intellectual property has traditionally been defined as trademarks, patents, copyrights, and trade secrets. More and more, theorists are enlarging the concept to include “intellectual capital,” a term becoming well known in the field. For the purposes of this invention, it is intended that the term “intellectual property” (“IP”) has a broad definition comprising not only the foregoing definitions, but also including technology (e.g., hardware, software, computer programs and systems, training methods, methods of doing business) embodying the intellectual property, as well as the know-how and methods for using the intellectual property.

Corporations and individuals are scrambling as they try to convert intellectual property to revenue or otherwise maximize the value of their intellectual property assets. Some corporations are aggressively licensing their patent portfolios to generate revenue. Others are flexing their intellectual property muscles by enforcing their rights to exclude others from making, using, or selling technology that infringes on their intellectual property rights. Still others are using their intellectual property to gain access to markets that would otherwise be prohibitively expensive to enter. Furthermore, intellectual property may also be used defensively by its owner to protect its market share. Moreover, a corporation may donate its intellectual property to increase its public relations and obtain tax benefits.

Creating and leveraging intellectual property to generate revenue has become a priority for many corporations, particularly those with significant intellectual property portfolios. Unfortunately, however, intellectual property management has been done haphazardly by many corporations. Intellectual property typically has been viewed as an asset with a definite, useful life span. For example, once a patent term has expired, the patent is effectively declared useless, or figuratively speaking, dead. No further effort is made to extract further value from it.

Over the years, many companies have struggled with effectively managing the development and exploitation of their intellectual property assets, such as, for example, patents, trademarks, copyrights, and trade secrets. For example, many of them do not file appropriate patent applications and copyright registrations in a timely manner. These problems are often exacerbated in large corporations where the decision making authority for addressing intellectual property-related issues is often splintered and not well-defined. Many such organizations, therefore, perhaps due to their failure to effectively manage and market their intellectual property assets, are foregoing significant value that could otherwise be generated from licensing selling, trading, or donating such assets.

Accordingly, no one has sufficiently managed the life cycle of intellectual property. There are a few systems available which enable corporations or individuals to track a portion of the life cycle or subsets of intellectual property. For example, Aurigin of Mountain View, Calif. markets a system in which patents and patent families can be tracked, such tracking being available for both a corporation's patent portfolio and those of its competitors. Computer Packages Inc. (“CPI”) of Rockville, Md. is one of several companies that market computer systems (e.g., computer software), typically used by law firms, for docketing domestic and international patent prosecution dates. However, these systems do not fully manage the entire life cycle of intellectual property.

Accordingly, there is a need for an integrated system and method for managing the entire life cycle of intellectual property development, marketing, and maintenance to be used by owners and/or managers of intellectual property. There is a need for an effective method for managing decisions and resources relating to the development and exploitation of intellectual property assets.

SUMMARY OF THE INVENTION

Embodiments of the present invention relate to methods and systems for managing intellectual property assets. An intellectual property protection life cycle of an intellectual property asset is managed, and an intellectual property marketing life cycle of the intellectual property asset is managed.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a schematic diagram showing a process for managing the life cycle of intellectual property.

FIG. 2 is a schematic diagram showing an IP protection life cycle.

FIG. 3 is a schematic diagram showing a IP marketing life cycle.

FIG. 4 is a schematic diagram showing a preferred embodiment of the system architecture of the present invention.

FIG. 5 is a schematic diagram showing another preferred embodiment of the system architecture of the present invention.

FIG. 6 is a schematic diagram showing a specific implementation of a preferred embodiment of the present invention.

FIG. 7 is a schematic diagram showing a specific implementation of a preferred embodiment of the present invention.

FIG. 8 shows a illustration of an initial patent system in accordance with an embodiment of the present invention.

FIG. 9 is a schematic diagram showing another embodiment of a system architecture of the present invention.

FIG. 10 is a schematic diagram showing an embodiment of a system architecture of the present invention.

FIG. 11 shows a schematic diagram of an illustration of an embodiment of a system architecture of the present invention.

FIG. 12 shows an illustration of an embodiment of the system architecture of the present invention.

FIG. 13 shows a more detailed illustration of the accounting system and strategy system illustrated in FIG. 11.

FIG. 14 shows a more detailed illustration of the finance system and research and development system illustrated in FIG. 11.

FIGS. 15-20 show illustrations of embodiments related to a product opportunity scoring pipeline.

FIGS. 21-40 show an embodiment of an intellectual property database system for the development, marketing and maintenance of intellectual property.

FIGS. 41-49 show an embodiment of an intellectual property management database system in accordance with an embodiment of present invention.

FIGS. 50-165 including 103 A and 120 A illustrate an IP management system including a relational database for IP management, marketing and contracting activities.

FIGS. 166-177 show system level diagrams of an embodiment of the present invention.

FIGS. 178-188 show a system level diagram of a management of IP marketing system in accordance with an embodiment of the present invention.

FIGS. 189-190 illustrate an overview of a project template plan according to an embodiment of the present invention.

FIGS. 191-196 show a more detailed illustration of the project template plan illustrated in FIGS. 189-190.

FIG. 197 is a client interview questionnaire of an embodiment of the present invention.

FIG. 198 is a checklist of an embodiment of the present invention for assessing the competitive environment concerning an asset.

FIG. 199 is a checklist of an embodiment of the present invention for assessing internal marketing issues relating to an asset.

FIG. 200 is an intellectual property outmarketing pre-transaction report of an embodiment of the present invention.

FIG. 201 is a marketing plan checklist of an embodiment of the present invention.

FIGS. 202-205 illustrate a nondisclosure agreement of an embodiment of the present invention.

FIGS. 206-207 show a license agreement term sheet of an embodiment of the present invention

FIGS. 208-210 illustrate an intellectual property outmarketing transaction report of an embodiment of the present invention.

FIG. 211 is a project activity form of an embodiment of the present invention.

FIG. 212 shows an illustration of an opportunity score card of an embodiment of the present invention.

FIGS. 213-218 show system level illustrations of an embodiment of an IP marketing opportunity scoring module in accordance with an embodiment of the present invention.

FIG. 219 shows an illustration of an embodiment of the present invention.

FIG. 220 illustrates an embodiment of a company intellectual property checklist.

FIG. 221 shows an illustration of an embodiment of a patent process life cycle.

FIG. 222 illustrates an embodiment of an innovation educational form.

FIGS. 223-224 show illustrations of embodiments of internal intellectual property audit processes.

FIG. 225 shows an illustration of a high level overview of intellectual property protection activities.

FIG. 226 shows an illustration of a trademark management process in accordance with an embodiment of the present invention.

DETAILED DESCRIPTION OF THE INVENTION

Overview

Embodiments of the present invention relate to systems and methods for managing the life cycle of intellectual property (“IP”), including the development, management, maintenance and marketing of intellectual property. IP may include, without limitation, patents, trademarks, copyrights, trade secrets, technology, training methods, business methods, know how, and other like assets from which value may be extracted.

According to an embodiment of the present invention, intellectual property management data is stored in at least one data system having at least one database. A preferred embodiment of the present invention comprises a plurality of data systems, where each of the data systems can have more than one database. For example, a first data system can comprise a patent and trademark application docketing system and be coupled to a second data system. The second data system can comprise a system to store IP inventory data (e.g., trade secret inventory data, copyright inventory data, etc.), project data, contract/agreements data, innovator data, innovation awards data, and other data related to the development, marketing and maintenance of intellectual property assets. As used to describe embodiments of the present invention, the term “coupled” encompasses a direct connection, an indirect connection, or a combination thereof. Moreover, two devices that are coupled can engage in direct communications, in indirect communications, or a combination thereof.

Virtual IP packets can be generated using tagging data within the various databases. For example, a virtual IP packet can include an IP data record corresponding to an IP asset and also data records associated with the IP data record (e.g., other IP data records, product data records, computer files, project data records, contract data records, an so forth). For a given product or service, a broad view of the IP associated with a particular packet can be obtained. That broad view can include at least some of the following: the technology embodying the intellectual property, the type or types of IP protection obtained for that technology, a status of the protection (i.e., patent pending, issued, maintenance fees due, etc.), prospective and actual licensees and key licensing terms, financial valuation competitive analysis, enforcement proceedings, and so forth.

The system can provide a reporting structure for phases of the life cycle and reporting capabilities on the interrelationship of the various phases. The system preferably includes components which form the building blocks to create the entire life cycle management system. For example, the IP life cycle may be considered to comprise three phases. The phases may include activities that (1) identify and develop IP, (2) protect and maintain IP, and (3) market IP. Each phase of the life cycle can comprise a plurality of stages.

Identify and Develop Intellectual Property

The steps in managing the life cycle of intellectual property begin with the definition of the life cycle. This life cycle typically begins with the research and development planning cycle. It is during this R&D planning cycle that intellectual property considerations should first be discussed. Innovations should be identified and appropriate protection methodologies chosen to protect those innovations. Throughout the development process, the intellectual property considerations should preferably be iteratively revised in order to stay abreast of the development effort as well as trends in the relevant industries. A by-product of this effort will be a database of technology that can be used as a technology transfer vehicle between various organizations or subsidiaries. Incentives are also vital to the development of intellectual property. Innovation award databases can be integrated into the system of the present invention.

Protect and Maintain Intellectual Property

As will be appreciated by those skilled in the art, there are numerous legal devices available for protecting intellectual property. Patents, copyrights, trademarks and trade secrets are all available to intellectual property owners. Databases for tracking each type of intellectual property are developed and integrated into the identification and development system. Such databases are used primarily by the IP owners (e.g., the business owners). Identification tags are used in order to map innovations to the protection mechanism which may be on a one-to-one basis, but may be on a one-to-multiple or multiple-to-one basis.

The aforementioned databases also are preferably integrated with the legal databases used for docketing and otherwise tracking the protection phase. Critical concepts such as filing dates, issue dates, maintenance fees/annuity due dates, are typically contained within the legal databases, but such dates are essential to the business plan. Mapping to other databases also can be provided.

Market Intellectual Property

A business plan for intellectual property life cycle management preferably includes marketing (e.g., licensing, selling) intellectual property assets for value. The business plan should not be an “after the fact” occurrence, but rather should be integrated into the identification and development cycle and the protection and maintenance cycle. With the business plan, a business owner can fully realize the potential value of IP. The marketing databases are also tagged so as to enable mapping between the marketing system, the identification/development system, and the protection/maintenance system.

As will be understood by those skilled in the art, marketing not only includes licensing and selling, but also includes the decision not to license or sell (in other words, exercising an owners right to exclude others from making, using, or selling). Accordingly, as part of the marketing system, there can be an enforcement (e.g., litigation) mechanism and a decision tree leading thereto. Marketing can also include cross-licensing, donations, and even abandonment. The marketing system can include a contract database, a license/sales “leads” database, a licensing revenue tracking system, competitive intelligence data, and other data.

In accordance with an embodiment of the present invention, there is provided a method of managing decisions and resources relating to the management and leveraging of intellectual property assets.

Additional advantages and novel features of the invention will be set forth in the description which follows, and in part will become apparent to those skilled the art or upon examination of the following detailed description or may be learned by practice of the invention. The detailed description shows the preferred embodiment of the invention by way of illustration of the best mode contemplated for carrying out the invention. As will be realized, the invention is capable of other and different embodiments, and its several details are capable of modifications in various obvious respects, all without departing from the scope and spirit of the present invention. Accordingly, the drawings and descriptions are to be regarded as illustrative in nature, and not as restrictive.

Section 1: The Life Cycle of Intellectual Property

FIG. 1 is a schematic diagram showing a continuous IP process, which may be considered a life cycle of IP. The life cycle of IP may be broadly defined to include three related phases: (1) the Identification, Development, Protection and Marketing Phase; (2) the Negotiations, License/Sales Initiation, and Contract Development Phase; and (3) the Support and Maintenance Phase.

1.1 The Identification, Development, Protection and Marketing Phase

The first phase relates to various stages that involve the creation of an IP asset. The first phase can comprise four distinct stages of IP management: identification, development, protection, and marketing.

1.1.1 Identification Stage

Various IP assets may be identified during the Identification Stage. For example, an invention may have been conceived, a new brand for a product may have been thought up, a software product may have been envisioned, an idea to solve a problem may have been discovered, a new technology may have been developed, or some other IP may have been created or otherwise be in the process of being created. Identification of the IP may be made through a number of venues. For example, the IP may be submitted by its creator. Furthermore, the IP may be identified by a team of IP miners through an IP audit. In addition, the IP may be an unsolicited submission received from external entities. Potential market opportunities for the IP may also be identified during the identification stage. For example, potential customers of the IP may be identified at this stage of the life cycle. Modifications and improvements to the IP asset may also be identified in view of the potential marketing opportunities.

1.1.2 Development Stage

During the development stage, the new IP identified during the Identification Stage can be developed, if the IP has not been fully developed. For example, a conceived invention may be reduced to practice, and a software product can be tested and debugged during the development stage. Also, during the development stage, marketing sales channels may be developed for the IP. Preferably, the development of the IP and the marketing sales channels are performed concurrently. At this stage, further modifications and improvements to the invention and IP may also be developed in light of potential marketing opportunities.

1.1.3 Protection Stage

In the protection stage, appropriate steps are taken to protect the IP identified and developed in the earlier stages. Protection of the IP may be accomplished in a number of ways. For example, patents may be obtained to protect inventions, trademark registrations may be sought for trademarks and service marks, copyright registrations may be secured for original works of authorship embodied in tangible media of expression, and appropriate procedures may be implemented to safeguard trade secrets. Furthermore, additional protection may be obtained through non-disclosure agreements, “clean room” procedures, and other measures.

1.1.4 Marketing Stage

Analyses related to the market for and the competitiveness of the IP may be performed in the Marketing Stage. In addition, financial analyses can be conducted. These analyses may be performed to evaluate the potential of marketing of the IP. For example, the results of the analyses may provide rough estimates of how much commercial value may be derived from the IP. Furthermore, the results may indicate whether the IP can be successfully leveraged in light of the assessed market condition, including how the IP asset may fare with any competition. Moreover, the results may lead to a conclusion that additional financial assistance must be obtained to compete with a number of competitors. By this stage, a number of potential customers of the IP can be identified.

1.2 The Negotiations, License/Sales Initiation, and Contract Development Phase

During the second phase, efforts can be undertaken to derive value from the IP developed during the first phase. For example, the IP may be sold or licensed to the potential customers identified during the first phase. The potential customers may be internal or external entities. Internal entities include other operating units of the company. External entities may include customers, government agencies, and even potential competitors. In addition, value for the IP may be derived through donation. For example, the IP may be donated (e.g., to universities, to other institution of higher learning, to non-profit organizations, to charities, and so forth) and value may be realized through public relations benefits and tax benefits associated with the donation. The second phase may include three IP management stages: negotiations, license/sales initiation, and contract development.

1.2.1 Negotiations Stage

Negotiations can be conducted with various entities. For example, negotiations may be had with government agencies, suppliers, and end users concerning utilization of the IP. Negotiations can also be conducted with potential recipients of IP donations concerning the scope of the IP donation and any collateral agreements, undertakings, and activities.

1.2.2 License/Sales Initiation Stage

Licensing and sales activities can be commenced with internal customers and external customers. For example, an IP asset may be developed that is related to a product or service delivered by a vendor. That vendor can be contacted to inform the vendor of the IP asset and initiate discussions regarding sale of the IP, licensing of the IP, cross-licensing of the IP, and so forth. Likewise, an IP asset may be developed regarding a product or service that is to be delivered. Accordingly, end users of the product or service related to the IP asset can be contacted to initiate sales, licensing and other marketing activities.

1.2.3 Contract Development, Negotiation and Completion Stage

The Contract Development, Negotiation and Completion Stage can include contract development, contract negotiation, and contract completion related tasks. For example, form contracts can be updated and/or particularized for the purposes of contract negotiations with the client. Various drafts of the contract may be tracked for different instances of the negotiations. Approval of draft contract terms can be obtained prior to the initiation of contract negotiations. After contract negotiations have been conducted, a tentative contract can be communicated to appropriate decision makers concerning final approval of the contract. Activities related to the execution of a contract can be tracked and recorded. For example, after a contract is executed, a computer file containing an image of the executed contract can be stored and associated with related data records (e.g., associated with project data records, product data records, IP data records, and so forth). In another embodiment, the contract may include electronic signatures and the electronically-executed contract can be associated with related data records.

1.3 The Support and Maintenance Phase

During the third phase, the IP developed and marketed in the earlier phases may receive continuous support and maintenance. The third phase can include five stages related to support and maintenance of IP: internal reward and recognition, IP protection and policing, relationship management, royalty management, and quality standards management.

1.3.1 Internal Reward and Recognition Programs Stage

During the Internal Reward and Recognition Programs Stage, innovators who have contributed to the development of IP can be rewarded and recognized. The programs can be an effective vehicle to show appreciation to the innovators. Reward and recognition of the innovators may involve a payment in cash or in other forms of compensation. In addition, recognition may be done through publications, award ceremonies, banquets, etc. In addition, the programs can further encourage the innovators to submit additional innovations such as related innovations, improvements, and new innovations. Furthermore, the programs may also stimulate other innovators to come forward with new innovations. Related innovations, improvements, and new innovations may then be the basis for continuing the IP Life Cycle at the Identification, Development, Protection and Marketing Phase and Negotiations and License/Sales Phase.

1.3.2 IP Protection and Policing Stage

During this stage, patent, trademark, copyright, and/or trade secret portfolio management activities can be undertaken, tracked, and monitored. For example, patent maintenance fee payments and decisions can be made. In an embodiment, the likely potential value of a patent prior to payment of a maintenance fee can be estimated and a decision as to whether or not to pay the maintenance fee can be made based at least in part on the likely potential value estimate. When the potential value is less than the maintenance fee, the maintenance fee payment may not be made or the patent can be donated to another entity that may or may not pay the maintenance fee. IP policing activities can also be undertaken, monitored and reported, wherein certain infringers are notified and made to stop such infringing activity. Examples of IP policing activities include identification of products and services that infringe one's IP, and the development of certain strategical approaches to enforce one's IP against the owners of such infringing products and services. Such identifications and developments may lead to additional innovations and improvements to the IP that may be the basis for continuing the IP Life Cycle at the Identification, Development, Protection and Marketing Phase. Additionally, these identifications and developments may be the basis for initiating and negotiating a license or sale of the IP to the infringer.

1.3.3 Relationship Management Stage

The Support and Maintenance Phase can include relationship management activities to manage relationships with entities such as internal corporate entities, internal customers, external corporate entities, external customers, external sales partners, and end users. End users can include product and service end users and IP asset end users. Examples of relationship management activities include contacting the entity to assess any shortcomings in the IP, any new challenges of the entity, and any new thoughts on the IP. Such activities may lead to the generation of new IP to meet such shortcomings and challenges, where such new IP may be the basis for continuing the IP Life Cycle at the Identification, Development, Protection and Marketing Phase and Negotiations and License/Sales Initiation, and Contract Development Phase. Also, such shortcomings, challenges, and thoughts may lead to the identification of other innovations and IP in one's portfolio, which may be the basis for continuing the IP Life Cycle at the Identification, Development, Protection and Marketing Phase and Negotiations and License/Sales Initiation, and Contract Development Phase.

1.3.4 Royalty Management Stage

Royalty management activities can be undertaken and analyzed as part of intellectual property support and maintenance. Audits can be conducted and reviewed to determine whether the licensees are operating within the scope of their licenses and paying the appropriate royalty and/or licensing fees. Other royalty management activities include determining whether any additional support from the IP owner is required to maintain use of the IP or to assist in licensing or selling it to other end users.

1.3.5 Quality Standards Management Stage

The Support and Maintenance Phase can also include activities related to quality standards management. For example, quality standards management activities can include review and analysis of marketing projects to determine how the marketing activities and/or process can be improved. Evaluations of the terms of contracts and/or amount of review generated by entities and personnel associated with the marketing of IP can be conducted. Objective and subjective data can be analyzed to determine whether innovations are being effectively identified, developed and marketed. Examples of other quality standards management activities include ensuring that the products or services meet the quality standards set by the licensor, especially if the licensor's trademark is being affixed to the product or services, and ensuring appropriate IP markings, such as ©, ®, ™, patent pending, patent number are affixed to the product or service.

Section 2: IP Protection Life Cycle

FIG. 2 is a schematic diagram showing an IP protection life cycle. The continuous IP process for this IP protection life cycle may include six levels: Innovation Identification (IP Protection Level 0), Innovation Development (IP Protection Level 1), IP Protection Initiation (IP Protection Level 2), IP Protection Pending (IP Protection Level 3), IP Registration (IP Protection Level 4), and IP Maintenance (IP Protection Level 5). Each of these levels of operation can, for example, include data relating to effort spent, time elapsed per level, time elapsed total, IP management activities, and IP management measures. Using a system based, at least in part, on guidelines illustrated in FIG. 2, a person can determine how long certain operations should take and can manage an IP protection life cycle. For example, a data system associated with the IP protection life cycle can be programmed to remind the person about certain operations of the life cycle and to determine how much time and resources will be needed. The following further describes the levels of the IP protection life cycle and sets forth some examples as to effort spent, time elapsed per level, time elapsed total, and activities and measures.

2.1 Innovation Identification (IP Protection Level 0)

The efforts spent at the Innovation Identification Level in one embodiment can be one to two hours per innovation. An innovation may be a product. The time elapsed per level can be one to five days. The total time elapsed including this level may be up to one week. The IP management operations undertaken in this level include the following: internal awareness in education; internal relationship building; identifying protection opportunities; identifying type of protections needed; catalogue and qualify opportunities; notifying to IP marketing unit for marketing; and assigning a business unit IP management team member. The measures operations that can be taken at this level include innovations identified including the number of types and the quality of innovations.

2.2 Innovation Development (IP Protection Level 1)

The efforts spent at the Innovation Development Level can be one to five hours depending on the type of IP involved. The time elapsed during this level can be one to five days, and the total time elapsed up to and including the Innovation Development Level can be one to two weeks. The IP management operations undertaken as part of the Innovation Development Level of the IP protection life cycle can include: further educate innovator on information needed for IP protection; assist innovator in getting the innovation to the point that protection can be obtained for the IP; assist the business unit IP marketing unit with technical understanding; and confirm receipt of an innovation disclosure form. The measures operations that can be a part of the Innovation Development Level include a measurement of the number of disclosures and a measurement of the innovation attributes that are known and catalogued.

2.3 IP Protection Initiation (IP Protection Level 2)

The efforts spent at the IP Protection Initiation Level of the IP protection life cycle in an embodiment can include three to five hours per patent related innovation, three to five hours for trademark innovation and one hour per copyright innovation. The time elapsed during the IP Protection Initiation Level can be three to five months per patent, one to five days per trademark and one to five days per copyright. The total time elapsed up to and including the IP Protection Initiation Level maybe four to six months per patent, one to three months per trademark and three to four weeks per copyright. The IP management operations that can be undertaken during the IP Protection Initiation Level can include: access disclosure form; notify the legal department of the business unit IP marketing unit; verify disclosure award received; follow up with innovator and legal department, and file application; Measures include applications filed, quality of applications filed, and cost management of applications filed.

2.4 IP Protection Pending (IP Protection Level 3)

The efforts spent at the IP Protection Pending Level of the IP protection life cycle in an embodiment can include three to five hours per patent related innovation, four to six hours for trademark innovation and one hour per copyright innovation. The time elapsed during the IP Protection Pending Level can be 18 to 24 months per patent, six to 12 months per trademark, and two to three months per copyright. The total time elapsed up to and including the IP Protection Pending Level maybe 22 to 30 months per patent, 12 to 18 months per trademark, and three to four months per copyright.

The IP management operations that can be undertaken during the IP registration level include assisting in notifying the innovator that IP protection was obtained such as the issuance of a patent, the issuance of a trademark registration, etc; assisting the innovator in marking the innovation with the IP protection information; assisting the innovator in understanding the extent of the IP protection; and verifying the IP registration. The IP management operations that can be undertaken during the IP Protection Pending Level can include: verifying that a filing award, if any, was received by the innovator; assisting the innovator with issues relating to using the innovation while IP protection is pending; following up with legal personnel regarding the status of the IP protection efforts; and reviewing written documents from the government agency with which the application was filed and assisting in response to those written documents. The measurement operations that can be undertaken at the IP Protection Pending Level include a measurement of proper innovation usage during the IP Protection Pending Level and a measurement of pendency of the IP application.

2.5 IP Registration (IP Protection Level 4)

The efforts spent at the IP Registration Level can be three to five hours per patent, one to two hours per trademark and one hour per copyright. At the IP Registration Level the time elapsed can be one to five days per patent, one to five days per trademark and one to five days for copyright. Up to and including the IP Registration Level the total time elapsed can be two to two-and-a-half years per patent, one to three-and-a-half years per trademark and three to four months per copyright. The registration operation includes assisting in notification to innovation generator; assisting innovator generator in marking innovation with registration information; assisting innovation generator in understanding extent of IP protection; and verifying registration. The measurement operations that can be undertaken at the IP Registration Level include a measurement of the number of registrations obtained such as the number of patents obtained, the number of trademark registrations obtained, etc., a determination that proper markings of intellectual property protection registration have been undertaken and cost management of registration fees.

2.6 IP Maintenance (IP Protection Level 5)

The IP Maintenance Level can require one to two hours of effort. The time elapsed at the IP Maintenance Level can be one day and ongoing. Up to and including the IP Maintenance Level, the total time elapsed can be twenty years per patent, five to ten years per trademark and ten years per copyright. The IP management operations that can be undertaken at the IP Maintenance Level include verifying that the innovator received an IP protection issuance award; recording all relevant IP protection information; internal follow-up; and IP policing. The measurement operations that can be undertaken at the IP Maintenance Level include a measurement of the IP attributes catalogue and cost management of maintenance fees.

Section 3: IP Marketing Life Cycle

FIG. 3 is a schematic diagram showing a IP marketing life cycle. The continuous IP process for this IP marketing life cycle may be described as including six levels of operations including Potential Opportunity Identification (IP Marketing Level 0), Initial Research in Progress (IP Marketing Level 1), Awaiting Execution of Pre-Transaction Report (IP Marketing Level 2), Negotiation with External Party in Progress (IP Marketing Level 3), Awaiting Execution Agreement and Transaction Report (IP Marketing Level 4), and Close Deal Maintenance (IP Marketing Level 5). Each of these levels of operations can, for example, include data relating to effort spent, time elapsed per level, time elapsed total, intellectual property management activities, and intellectual property management measures. A system based, at least in part, on the guidelines illustrated in FIG. 3 can allow a person to determine know how long certain operations should take and to effectively manage a IP marketing life cycle. For example, a data system associated with the IP marketing life cycle can be programmed to help the person plan for and allocate resources for the IP marketing life cycle. The following further describes the levels of the IP marketing life cycle and sets forth some examples as to effort spent, time elapsed per level, time elapsed total, activities and measures.

3.1 Potential Opportunity Identification (IP Marketing Level 0)

The efforts spent at the Potential Opportunity Identification Level can be one to five days at the Potential Opportunity Identification Level. The time elapsed can be one to two hours per innovation (or product). The time elapsed during the Potential Opportunity Identification Level can be up to one week. The IP marketing operations of the Potential Opportunity Identification Level of the IP marketing life cycle process include: internal awareness in education; internal relationship building; identifying potential marketing opportunities; cataloging and qualifying potential opportunities; notifying the intellectual property management unit for disclosure purposes; and assigning a team member of the intellectual property marketing unit. The measurement operations undertaken during the Potential Opportunity Identification Level can include a measurement of the innovations (products) identified, a measurement of the quality of innovations (products), and numbers of people identifying innovations (products).

3.2 Initial Research in Progress (IP Marketing Level 1)

The effort spent at the Initial Research in Progress Level of the IP marketing life cycle process can be seven to ten days. The time elapsed at the Initial Research in Progress Level can be five to ten hours per innovation (product). Up to and including the Initial Research in Progress Level, the total time elapsed can be one to two weeks. The IP marketing operations at the initial research in progress level include: beginning market research; following up with an interview with subject matter expert (“SME”); beginning innovation (product) scorecard research; assessing the competitive environment; initially valuing the innovation (product); prioritizing innovation (product) with portfolio; making a go-no-go decision; beginning to get an internal buy-in; and drafting and submitting a pretransaction report (“PTR”). The measurement operations undertaken at the initial research in progress level include a measurement of innovation (product) attributes that are known and catalogued.

3.3 Awaiting Execution of Pre-Transaction Report (IP Marketing Level 2)

The time spent at the Awaiting Execution of Pre-Transaction Report Level can be seven to ten days. The time elapsed at this level can be five to ten hours per deal. The time elapsed up to and including the Awaiting Execution of Pre-Transaction Report Level can be two to three weeks. The IP marketing operations undertaken at the Awaiting Execution of Pre-Transaction Report Level include: conducting in-depth interview with SME; continuing to build relationship; beginning channel strategy; continuing competitive research and evaluation of innovation (product); initiating contact with chosen sales partners or end users; utilizing non-disclosure agreements (“NDAs”); and protecting IP prior to disclosure. The measurement operations that can be performed at the Awaiting Execution of Pre-Transaction Report Level include a measurement of the Pre-Transaction Report for all deals.

3.4 Negotiation with External Party in Progress (IP Marketing Level 3)

The efforts spent at the Negotiations with External Party in Progress Level of the IP marketing life cycle can be one to five months. The time elapsed at this level can be ten to 50 hours per deal. Up to and including the Negotiations with External Party in Progress Level, the total elapsed time can be two to six months. The IP marketing operations undertaken at the Negotiations with External Party in Progress Level include: continuing innovation (product) valuation market research and channel strategy; creating innovation (product) overview and presentation for external purposes; determining structure in pricing of deals; beginning and completing negotiations and/or contracts; and drafting and submitting transaction report. The measurement operations that can be conducted at this level include a measurement of the accuracy evaluations, a measurement of terms of deals and a measurement of the number of times the contract was reworked.

3.5 Awaiting Execution Agreement and Transaction Report (IP Marketing Level 4)

The effort spent at the Awaiting Execution Agreement/Transaction Report Level can be seven to ten days. At this level the time elapsed can be one to two hours per deal. Up to and including the Awaiting Execution Agreement/Transaction Report Level the total time elapsed can be two to six months. The IP marketing operations undertaken at the Awaiting Execution Agreement/Transaction Report Level include: finalizing fine points of contract; and managing technical and logistical issues of the innovation (product). The measurement operation at this level include whether there is a transaction report for all deals.

3.6 Closed Deal Maintenance (IP Marketing Level 5).

The effort spent at the Closed Deal Maintenance Level can be one day as well as ongoing. The time elapsed at this level can be one to two hours per deal or more. Up to and including the Closed Deal Maintenance Level the total time elapsed can be two to six months. The IP marketing operations undertaken during the Closed Deal Maintenance Level of the IP marketing life cycle process include: signing contracts; recording all relevant innovation (product) information; recording all relevant deal information; tracking royalties; managing the sales partners/end user relationship; conducting internal follow-ups; managing quality standards; and IP policing. The measurement operations that can be undertaken at the Closed Deal Maintenance Level include a measurement of revenues, a measurement of the percent of innovations licensed with patent protection and a measurement of the deal attribute catalogued.

Section 4: System Architectures

Overview

FIG. 4 is a schematic diagram showing a preferred embodiment of the system architecture of the present invention. Terminal 10 is coupled to server 100 via network 50 . Server 100 includes and/or is coupled to a plurality of data systems including IP selection system 2000 , trademark protection system 3000 , trade secret protection system 3500 , copyright protection system 4000 , patent protection system 5000 , IP asset management system 6000 , IP utilization system 7000 , IP donation system 8000 , and IP marketing system 9000 . In an embodiment, each of systems 2000 , 3000 , 3500 , 4000 , 5000 , 6000 , 7000 , 8000 , 9000 comprise data systems including instructions to be executed by a processor and data storage (e.g., a portion of data storage of a database 112 ). Network 50 may be a local area network (LAN), a wide area network (WAN), an HTTP network, the Internet, a wireless network, a wired network, or another communications network.

In the preferred embodiment, server 100 includes processor 111 , database 112 , and memory 120 . Server 100 also can be, for example, a plurality of coupled servers. Processor 111 can be, for example, an Intel Pentium® III processor, manufactured by Intel Corp. of Santa Clara, Calif. As another example, processor 111 can be an Application Specific Integrated Circuit (ASIC). Server 100 can be, for example, a UNIX server from Sun Microsystems, Inc. of Palo Alto, Calif. Memory 120 may be a random access memory (RAM), a dynamic RAM (DRAM), a static RAM (SRAM), a volatile memory, a non-volatile memory, a flash RAM, a cache memory, a hard disk drive, a magnetic storage device, an optical storage device, a magneto-optical storage device, or a combination thereof.

Memory 120 of server 100 can store IP life cycle management instructions which can comprise instructions to store data, access data, generate user interfaces, generate reports, and perform other functions and operations as described herein. In an embodiment, the IP life cycle instructions can include IP selection instructions 121 , trademark protection instructions 122 , trade secret protection instructions 123 , copyright protection instructions 124 , patent protection instructions 125 , IP asset management instructions object 126 , IP utilization instructions 127 , IP donation instructions 128 , and IP marketing instructions 129 . For example, the IP life cycle instructions 121 - 129 can be constructed using Object Oriented (OO) development methods.

The data systems and corresponding instructions (e.g., IP selection system 2000 including IP selection instructions 121 , trademark protection system 3000 and trademark protection instructions 122 , IP asset management system 6000 and IP asset management instructions 126 , etc.) can perform functions and operations related to the development, marketing, and maintenance of intellectual property as described herein.

FIG. 4 shows an embodiment of the present invention in which the functions and operations described herein are performed at least in part by terminal 10 , server 100 and database 1112 . For example, in an embodiment, the intellection property management system illustrated in FIGS. 50-165 can be implemented with at least terminal 10 , server 100 , and database 112 . In such an embodiment, the marketing module illustrated in FIGS. 84-110 can correspond to IP marketing system 9000 , which includes IP marketing instructions 129 and data storage of at least a portion of database 112 .

In accordance with an embodiment of the present invention, instructions adapted to be executed by a processor to perform a method are stored on a computer-readable medium. The computer-readable medium can be a device that stores digital information. For example, a computer-readable medium includes a CD-ROM as is known in the art for storing software. The computer-readable medium is accessed by a processor suitable for executing instructions adapted to be executed. The terms “instructions adapted to be executed” and “instructions to be executed” are meant to encompass any instructions that are ready to be executed in their present form (e.g., machine code) by a processor, or require further manipulation (e.g., compilation, decryption, or provided with an access code, etc.) to be ready to be executed by a processor.

FIG. 5 is a schematic diagram showing an embodiment of the system architecture of the present invention. In this embodiment, each of the plurality of data systems correspond to the plurality of data systems illustrated in FIG. 4. In another embodiment, each data system can be a stand alone system, i.e., each of the data systems can include a server having a memory, a processor, and mass storage (e.g., to store data of a database). As is readily apparent to one skilled in the art, the data systems may also be grouped in a number of combinations or permutations. For example, trademark protection system 3000 , trade secret protection system 3500 , copyright protection system 4000 , and patent protection system 5000 may be embodied in one server, and IP marketing system 9000 and IP donation system 8000 may be embodied in a second server.

According to an embodiment of the present invention, innovator 2001 can send submission including an innovation description to IP selection system 2000 . For example, innovator 2001 can describe the innovation in an online form that can then be sent to (e.g., saved to, stored on) IP selection system 2000 . In another embodiment, innovator 2001 can submit a hard copy of an innovation disclosure form and a user can enter information from the innovation disclosure form into IP selection system 2000 . Innovator 2001 also can send a submission that includes a product description (e.g., a description of an article of commerce, a process, a method, an article of manufacture, a system) to IP selection system 2000 .

IP selection system 2000 can access information such as IP law information from IP law source 2002 and IP business information from IP business source 2003 to determine whether the submission includes subject matter that can be protected by a trademark via trademark protection system 3000 , as a trade secret by trade secret protection system 3500 , by a copyright protection system 4000 , or by a patent protection system 5000 . In an embodiment, information submitted by innovator 2001 can be compared against the IP law information and IP business information to determine which one or more of systems 3000 , 3500 , 4000 , or 5000 can be utilized to potentially obtain intellectual property protection for subject matter of the submission.

In an embodiment, a submission may be capable of multiple forms of intellectual property protection. For example, computer code can be both patentable and copyrightable. An article of manufacture may be protectable by one or more patents and have aspects that can be protected by one or more trademarks and/or trade secrets. When a submission is capable of multiple instances of protection, duplicate data records or information can be created and linked with one set of data records being communicated to a first protection system and a second set of data records being communicated to a second protection system. In another embodiment, when a submission is capable of multiple instances of protection, a single set of data records or information can be created but processed by more than one protection system (e.g., concurrently processed, serially processed, processed in parallel, etc.).

In an embodiment, IP selection system 2000 can communicate subject matter of the submission received from innovator 2001 to patent protection system 5000 . Patent protection system 5000 can access information such as patent law information from patent law source 5002 and patent business information from patent business source 5003 to determine whether patent protection should be sought for the subject matter. For example, the patent law information may include examples of patentable subject matter, such as products and methods of doing business, statutory bar date criteria and the like. For example, patent business information may include data concerning areas of technology in which a corporation seeks patent protection. When the subject matter corresponds to a desired technological area or relates to a product having a potential for high business impact, the patent protection process can be initiated for the subject matter. Alternatively, the subject matter may correspond to an area of technology in which the corporation does not want to undertake the expense of obtaining patent protection, and the subject matter can be transferred to trade secret protection system 3500 for potential protection as a trade secret.

In an embodiment, as the subject matter is processed (e.g., tracked, monitored, the subject of generated reports, and so on) by one or more of trademark protection system 3000 , trade secret protection system 3500 , copyright protection system 4000 , and patent protection system 5000 , status information concerning the subject matter (e.g., an IP unit, an IP asset) can be sent to IP asset management system 6000 . IP asset management system 6000 can include data records corresponding to IP assets, i.e., IP data records. An IP data record can uniquely identify an IP asset and can be associated with other data records relating to intellectual property management (e.g., development, marketing, and maintenance). Thus, an IP data record can indicate whether subject matter is protected by a patent (i.e., is a patent asset), that a patent application is pending, has been copyrighted, and so forth. In an embodiment, as the subject matter is processed by one or more protection systems, the IP management system information is updated (e.g., to indicate a patent has issued, that a trademark application was abandoned, and so on).

IP utilization system 7000 can receive information from IP asset management system 6000 in order to process decisions concerning the leveraging of IP assets. In an embodiment, IP utilization system 7000 can store, access and report information related to decisions to abandon an IP asset (e.g., to forego paying a maintenance fee), donate an IP asset (e.g., to realize a tax advantage), or market an IP asset (e.g., to sell, license, enforce). IP asset management system data records can be updated based at least in part on a decision to abandon an IP asset, a decision to donate an IP asset communicated by IP donation system 8000 , or a decision/update regarding marketing of an IP asset communicated by IP marketing system 9000 . Also, in an embodiment as illustrated in FIGS. 9 and 10, IP enforcement system 6500 can store, access and report information related to maintaining competitive advantages. Similarly, IP trade system 7500 can store, access and report information related to gaining design freedom, gaining access to technology, or fending off an IP enforcement lawsuit.

In an embodiment, IP asset management system 6000 can generate a communication to innovator 2001 regarding an IP asset. For example, a patent award notification can be sent to innovator 2001 after a patent application is filed on subject matter submitted by the innovator, after a patent issues incorporating subject matter submitted by the innovator, and so on. In another embodiment, after an innovator is awarded multiple patents (e.g., five or more), an enhanced award notification can be sent to innovator 2001 to recognize the contributions of the innovator and to further incentivize the innovator to innovate and report innovations. In a further embodiment, various groups in a company may obtain information related to the IP assets. For example, the accounting department may obtain information on the amount of money generated from some or all of the patents, trademarks, copyrights, and trade secrets.

FIG. 6 is a schematic diagram showing a specific implementation of an embodiment of the present invention. As illustrated in FIG. 6, IP selection system 2000 can include IP selection database 2100 . Trademark protection system 3000 can comprise initial trademark system 3100 , trademark project system 3200 , trademark tracking system 3300 , and trademark response system 3400 . Trade secret protection system 3500 can include trade secret database 3600 . Copyright protection system 4000 can comprise initial copyright system 4100 , copyright project system 4200 , copyright tracking system 4300 , and copyright response system 4400 . Similarly, patent protection system 5000 may comprise initial patent system 5100 , patent project system 5200 , patent tracking system 5300 , and patent response system 5400 . Furthermore, IP asset management system 6000 may comprise IP asset database 6100 . IP utilization system 7000 may comprise potential utilization system 7100 , utilization assessment system 7200 , and utilization decision system 7300 . IP donation system 8000 may comprise donate project system 8100 and donate contract system 8200 . IP marketing system 9000 may comprise marketing project system 9100 and marketing contract system 9200 . The various systems are described in additional detail as follows.

IP Selection System

IP selection system 2000 , in an embodiment, can receive submission descriptions and conduct preliminarily evaluations of subject matter described in the submission descriptions. The subject matter of the submission can relate to, for example, patents, trademarks, trade secrets, copyrights, trade dress, service marks, software, literary arts, music, movies, inventions, business methods, processes, articles of manufacture, services, and other subject matter related to innovation and/or intellectual property rights. IP selection system 2000 can include an IP selection database 2100 to store data based on information received (e.g., innovator submissions), legal data, and business data.

Innovator 2001 can be a source of innovation. For example, innovator 2001 can produce IP, and the life cycle of that IP can be managed by embodiments of the present invention. Innovator 2001 may be an internal entity. The internal entity may be a person or a collection of persons in one or more business units. For example, the person may be an engineer who is hired to innovate. The business unit may be a technical unit, research and development unit, a marketing department, a legal department, an IP department, a manufacturing facility, and so forth. Innovator 2001 may also be an external entity. The external entity may be a joint-venture partner, a vendor, a supplier, or any other entity that may contribute IP assets that can be acquired and managed by an embodiment of the present invention. An innovator 2001 can also be any entity that wishes and/or agrees to assign its rights to the innovation to a company, corporation, organization, individual and/or entity. Thus, innovator 2001 could be a scientist or someone who produces advertising materials. The innovation may be bought through a strategic acquisition process from others. In short, innovations may come from an internal sources (employees, R&D, etc) or external sources (acquisition, contracts, joint ventures, etc.). Innovator 2001 also can use computer 10 with a GUI to input data into system 100 .

In addition to receiving submissions relating to innovations, IP selection system 2000 can receive additional IP information. One of the reasons why many business entities have been unable to manage IP efficiently is that many companies concentrate on the legal aspects of IP protection. Often, companies do not fully appreciate the importance of business information. In a preferred embodiment of the present invention, IP selection system 2000 may be used to collect and organize IP information.

IP information may include legal information and business data. Legal information may be received from IP law source 2002 , and business data may be received from IP business source 2003 . Legal information can include statements of law defining what subject matter is eligible for legal protection, data tables including legal criteria, and other legal data. For example, statements of law may include data based on statutes and regulations that define legal parameters relating to trademarks, trade secret, copyright, patent, and the like as well as legal articles and other publications that do the same. Examples of business data may include the strategic goals of the company's technology development, the company's known competitors, and the demand in the market for the company's technologies. The IP information accessible by IP selection system 2000 can be utilized to analyze submissions by innovators, assist in valuation of IP assets, and prioritize the development of submissions (e.g., technology, subject matter, inventions, and so forth). IP law source 2002 and IP business source 2003 may be internal or external entities.

IP selection system 2000 may also be a data system that provides replies to queries. For example, innovator 2001 can access IP selection system 2000 to determine whether an innovation is eligible of patent protection. Innovator 2001 may access IP selection system 2000 via a network (e.g., a corporate LAN, the Internet), and IP selection system 2000 can send one or more queries to solicit replies from innovator 2001 . Based on the answer or answers provided by innovator 2001 , IP selection system 2000 can review IP information in IP selection database 2100 to inform innovator 2001 whether an innovation is patent eligible.

Alternatively, innovator 2001 can fill out a form received from IP selection system 2000 (e.g., an offline form that can be sent to IP selection system 2000 , a Web browser-based form displayed by a user's computer that is coupled to IP selection system 2000 ). For example, innovator 2001 may provide answers to a number of questions on the form. Once innovator 2001 has completed answering the questions, innovator 2001 can hit the “enter” key, and the completed form will be automatically forwarded for analysis and/or review. A person other than innovator 2001 , e.g., a person familiar with patent laws, may access IP selection system 2000 to review the completed form. The reviewer may be a patent agent or a patent attorney. The reviewer can then respond to innovator 2001 . Alternatively, the IP selection system 2000 can analyze the innovator's answers against established criteria, and forward information to one of trademark protection system 3000 , trade secret protection system 3500 , copyright protection system 4000 , or patent protection system 5000 .

An alternative way of identifying innovation for IP protection is to have one or more persons dedicated to mining IP. These persons may be referred to IP miners. The IP miners are preferably those people who have significant experience with IP identification and protection. Suitable candidates for mining patentable innovations include innovators who have obtained at least one patent, former examiners of the U.S. Patent and Trademark Office, patent agents, and patent attorneys.

IP selection system 2000 may further comprise additional information that is designed to help innovators to further develop their innovations. For example, the information may comprise detailed instructions on what the innovator needs to produce and develop from that point forward. Specific examples may include information related to whether an invention has been reduced to practice and whether the innovator has prepared sufficient information to enable someone to make and use the invention. IP selection system 2000 may further include information or examples of technical disclosures of similar technologies.

At IP selection system 2000 , each innovation may be reviewed to determine which type or types IP categories are most appropriate. In the preferred embodiment, a priority is given to innovations that have been identified as patent eligible. If an innovation is determined to be patent eligible, information related to the innovation is forwarded to patent protection system 5000 . In addition, regardless of patent eligibility, information related to the innovation can also be forwarded to one or more of trademark protection system 3000 , trade secret protection system 3500 , and copyright protection system 4000 as appropriate.

Trademark Protection System

Information related to innovations that may be protected under trademark laws can be directed to trademark protection system 3000 . Trademark protection system 3000 may be used to ensure that applications for trademark registration are filed to protect the innovations. The trademark registration applications can be tracked and processed by a plurality of system such as initial trademark system 3100 , trademark project system 3200 , trademark tracking system 3300 , and trademark response system 3400 . Examples of the operations of these systems are described below.

Initial Trademark System

Information related to an innovation for which one or more trademark registrations are desirable may be received from IP selection database 2100 . The trademark information may be stored in initial trademark system 3100 . A trademark professional familiar with trademark laws may review the trademark information in initial trademark system 3100 . Based on the trademark information, a decision may be made as to whether a trademark registration process should be initiated. If it is determined that a trademark registration should be obtained for the innovation, the trademark information may be provided to trademark project system 3200 .

Trademark Project System

Trademark project system 3200 can contain the trademark information received from initial trademark system 3100 . Trademark project system 3200 may be used to schedule disclosure meetings between innovators and trademark professionals. Trademark professionals may be trademark attorneys, attorneys, legal assistants, legal secretaries, administrators, and so on. Trademark project system 3200 can also track the progress of scheduling, conducting, and follow-up disclosure meetings. Trademark project system 3200 can enable trademark applications to be filed in a timely manner. For example, trademark project system 3200 can be adapted to provide a warning or a reminder if a trademark application process is not making a projected or anticipated progress. For example, an e-mail may be generated to a person responsible for filing the trademark registration.

Trademark Tracking System

Trademark tracking system 3300 can track the progress of trademark applications. For example, trademark tracking system 3300 can be used to track deadlines related to response to office actions. Commercial software packages may be used in conjunction with trademark tracking system 3300 . For example, CPI may be used to track a docket of trademark applications. Trademark tracking system 3300 can also be adapted to cross-reference related trademark applications.

Trademark Response System

Trademark response system 3400 can generate responses to office actions, such as draft responses, response templates, response forms, etc. The responses can contain boilerplate passages such as standard paragraphs containing arguments to overcome standard rejections (e.g., boilerplate rejections, common rejections, typical rejections). Trademark response system 3400 can also have links to articles and publications addressing strategies and the state of the law. In addition, trademark response system 3400 can also have links to TMEP, WestLaw®, Lexis®, Dialog® and other online resources. Trademark response system 3400 can be organize

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