Note: Descriptions are shown in the official language in which they were submitted.
CA 02911065 2015-11-03
METHOD AND SYSTEM FOR PROMOTING, OFFERING FOR SALE/LICENSE AND
SELLING/LICENSING NATIONAL AND REGIONAL PATENT APPLICATION RIGHTS
ASSOCIATED WITH PUBLISHED UNEXPIRED PCT PATENT APPLICATIONS
FIELD OF THE INVENTION
The present invention relates a method and system for promoting, offering for
sale/license and
selling/licensing national and regional phase patent application rights
associated with published
PCT patent applications, and more, particularly, to a method and system for
worldwide
promoting, offering for sale/license and selling/licensing national and
regional phase patent
application rights associated with published unexpired PCT patent applications
by means of the
Internet.
BACKGROUND OF THE INVENTION
Every year, approximately 200,000 new PCT patent applications are filed on a
world-wide basis,
legally reserving potential patent rights in over 140 countries around the
world for up to 30/31 (or
42 in case of Canada) months (referred to herein collectively as the "30/31
month deadline".
However, at the end of the 30/31 month deadline, these potential rights expire
to the extent that
he owner does not "enter" the "national phase" (or in some cases, the
"regional phase") in one or
more countries ("entering the national phase" means converting the PCT patent
application into a
national patent application in a country).
In other words, when a person files a PCT patent application, that patent
application does not
itself result in patents in each of the -PCT member countries, it merely gives
the owner the right
to convert the PCT patent application into one or more national patent or
regional patent
applications (that directly or indirectly cover the PCT member countries). The
PCT patent
application itself does not continue to be processed after the 30/31 month
deadlines expire, its
usefulness expiring at the conclusion of the 30/31 month deadlines.
Page 1
CA 02911065 2015-11-03
Converting a single PCT patent application into national applications in each
of the PCT member
countries is extremely expensive (the fees per country generally include local
government fees,
local attorney charges, where applicable, domestic attorney charges, and where
required,
translation charges.
As a practical matter, owners often tend to choose fewer than 5 to 10
countries or regions, the
remaining countries and regions being relatively too expensive for that owner,
as a result of
which potential patent rights expire in a very large number of countries and
regions, unless these
potential patent rights are sold prior to the expiration of the 30/31 month
deadline to a party
interested in completing the national/regional phase entry for that/those
countries in order to
capitalize on the patent rights in that/those countries.
By way of example only, in 2013, more than 200,000 PCT patent applications
were filed on a
worldwide basis.
In that same year, of the approximately 200,000 possible national phase patent
application filings
in Canada, only a small fraction of the possible national phase patent
applications were filed in
Canada.
In order to finance their research, universities or large research and
development firms offer their
technology to the public by way of auction and/or the Internet. Furthermore,
some patent law
firms offer their client's technology for sale, for example, by advertising
the same on their
website.
One such tool is FlintBox developed in 2003 by the University of British
Columbia and
acquired by Wellspring in 2010 enabling marketing of: new technologies,
creative works, course
materials, and innovative ideas. FlintBox provides a potential buyer or
investor with a bulletin
board style search of posted short descriptions of new technologies, creative
works, course
materials, and innovative ideas.
Page 2
CA 02911065 2015-11-03
However, FlintBox does not provide a potential buyer with the means for
searching based on a
buyer's specific queries only technology that is available for sale on a
country by country basis.
In particular, FlintBox , as well as other similar tools, is not capable of
relevant, focused
querying of technology that is subject of an unexpired PCT patent application
and that is: in a
specific technology classification such as, for example, patent
classifications; and/or; for which
PCT patent application the owner is offering for sale the national phase
rights in a country or
countries; and/or; where at least one of the claims in the PCT patent
application is considered
patentable according to the Written Opinion of the International Search
Authority.
It is desirable to provide a method and system for worldwide promoting,
offering for sale/license
and selling/licensing national and regional phase patent application rights
associated with
published unexpired PCT patent applications by means of the Internet.
It is also desirable to provide a method and system for worldwide promoting,
offering for
sale/license and selling/licensing national and regional phase patent
application rights associated
with published unexpired PCT patent applications by means of the Internet that
enables a
potential buyer to access the relevant information using simple or
sophisticated queries.
It is also desirable to provide a method and system for worldwide promoting,
offering for
sale/license and selling/licensing national and regional phase patent
application rights associated
with published unexpired PCT patent applications by means of the Internet that
enables a
potential buyer to access the published PCT patent application, the Search
Report, and the
Written Opinion.
It is also desirable to provide a method and system for worldwide promoting,
offering for
sale/license and selling/licensing national and regional phase patent
application rights associated
with published unexpired PCT patent applications by means of the Internet that
enables a seller
to post the relevant information in a substantially quick and simple fashion.
SUMMARY OF THE INVENTION
Page 3
CA 02911065 2015-11-03
Accordingly, one object of the present invention is to provide a method and
system for
worldwide promoting, offering for sale/license and selling/licensing national
and regional phase
patent application rights associated with published unexpired PCT patent
applications by means
of the Internet.
Another object of the present invention is to provide a method and system for
worldwide
promoting, offering for sale/license and selling/licensing national and
regional phase patent
application rights associated with published unexpired PCT patent applications
by means of the
Internet that enables a potential buyer to access the relevant information
using simple or
sophisticated queries.
Another object of the present invention is to provide a method and system for
worldwide
promoting, offering for sale/license and selling/licensing national and
regional phase patent
application rights associated with published unexpired PCT patent applications
by means of the
Internet that enables a potential buyer to access the published PCT patent
application, the Search
Report, and the Written Opinion.
Another object of the present invention is to provide a method and system for
worldwide
promoting, offering for sale/license and selling/licensing national and
regional phase patent
application rights associated with published unexpired PCT patent applications
by means of the
Internet that enables a seller to post the relevant information in a
substantially quick and simple
fashion
According to one aspect of the present invention, there is provided a method
for promoting,
offering for sale/license and selling/licensing national and regional phase
patent application
rights associated with published PCT patent applications. The Method provides
a substantially
user-auto-populatable and fully searchable internet-based marketplace advising
the world of the
availability for sale/license, and asking price, for PCT patent application
rights in countries
around the world. The method also provides the potential buyer with links or
access to the actual
PCT patent application as filed with the International Patent Office, the
Search Report and
Written Opinion of the International Search Authority (where available), and
the opportunity to
Page 4
CA 02911065 2015-11-03
. link to promotional video, images, or animations that are relevant to
the technology (the -Written
Opinion of the International Search Authority is a formal and written
assessment and analysis of
whether the technology claimed in the PCT patent application, in the opinion
of an independent
and respected Authority, is patentable). This gives potential buyers an
unbiased 3rd party
assessment of the likelihood that the technology in the PCT Patent application
is patentable. The
technology is fully, and easily searchable (by owner, or technology, or
classification, or inventor,
or patent application, and other useful/relevant criteria). This includes
search analysis tools that
will allow the user to identify relevant opportunities where the owner clearly
has faith in the
technology, but hasn't fully converted the opportunity (for example, whether
the owner has
chosen to enter the US, Europe (expensive), and Japan (expensive), but has not
chosen Canada,
or Australia, or India, indicating potentially attractive opportunities in
those markets).
According to one aspect of the present invention, there is provided a method
for promoting,
offering for sale/license and selling/licensing national and regional phase
patent application
rights associated with published PCT patent applications. A server computer is
connected to the
Internet. A patent application database is connected to the server computer.
The patent
application database has stored therein PCT patent application information
associated with
published PCT patent applications. The server computer generates data
indicative of an
interactive Internet website for promoting, offering for sale/license and
selling/licensing the
national and regional phase patent application rights associated with the
published PCT patent
applications. The interactive Internet website enables communication between
the server
computer and users of client computers connected to the Internet. The server
computer receives
from a first user, via the Internet website executed on a first client
computer, a first request for
providing information indicative of published PCT patent applications based on
user selected
search criteria presented to the first user via the Internet website. The
server computer searches
the patent application database in dependence upon the request and provides
the information to
the first client computer. The information comprises sale/license information
indicative of at
least a country or region for which the national and regional phase patent
application rights
associated with the published PCT patent application are offered for
sale/license. The first client
computer displays the information in a human comprehensible form via the
Internet website
executed thereon.
Page 5
CA 02911065 2015-11-03
According to another aspect of the present invention, there is provided a
system for promoting,
offering for sale/license and selling/licensing national and regional phase
patent application
rights associated with published PCT patent applications. The system comprises
a patent application database having stored therein PCT patent application
information associated
with published PCT patent applications and a server computer connected to the
Internet and to
the patent application database. The server computer generates data indicative
of an interactive
Internet website for promoting, offering for sale/license and
selling/licensing the national and
regional phase patent application rights associated with the published PCT
patent applications.
The interactive Internet website enables communication between the server
computer and users
of client computers connected to the Internet. The server computer receives
from a first user, via
the Internet website executed on a first client computer, a first request for
providing information
indicative of published PCT patent applications based on user selected search
criteria presented
to the first user via the Internet website and searches the patent application
database in
dependence upon the request. The server computer provides the information to
the first client
computer for displaying the same in a human comprehensible form via the
Internet website
executed thereon. The information comprises sale/license information
indicative of at least a
country for which the national and regional phase patent application rights
associated with the
published PCT patent application are offered for sale/license.
The advantage of the present invention is that it provides a method and system
for worldwide
promoting, offering for sale/license and selling/licensing national and
regional phase patent
application rights associated with published unexpired PCT patent applications
by means of the
Internet.
A further advantage of the present invention is that it provides a method and
system for
worldwide promoting, offering for sale/license and selling/licensing national
and regional phase
patent application rights associated with published unexpired PCT patent
applications by means
of the Internet that enables a potential buyer to access the relevant
information using simple or
sophisticated queries.
Page 6
CA 02911065 2015-11-03
A further advantage of the present invention is that it provides a method and
system for
worldwide promoting, offering for sale/license and selling/licensing national
and regional phase
patent application rights associated with published unexpired PCT patent
applications by means
of the Internet that enables a potential buyer to access the published PCT
patent application, the
Search Report, and the Written Opinion (where available).
A further advantage of the present invention is that it provides a method and
system for
worldwide promoting, offering for sale/license and selling/licensing national
and regional phase
patent application rights associated with published unexpired PCT patent
applications by means
of the Internet that enables a seller to post the relevant information in a
substantially quick and
simple fashion.
BRIEF DESCRIPTION OF THE DRAWINGS
A preferred embodiment of the present invention is described below with
reference to the
accompanying drawings, in which:
Figure 1 is a simplified block diagram illustrating a system for promoting,
offering for
sale and selling national and international patent application rights and
patent rights in
inventions according to a preferred embodiment of the invention;
Figure 2a is a simplified flow diagram illustrating provision of PCT patent
application
information for viewing in a method for worldwide promoting, offering for
sale/license
and selling/licensing national and regional phase patent application rights
associated with
published unexpired PCT patent applications by means of the Internet according
to a
preferred embodiment of the invention;
Figure 2b is a simplified flow diagram illustrating posting of PCT patent
application
information in the method for worldwide promoting, offering for sale/license
and
selling/licensing national and regional phase patent application rights
associated with
published unexpired PCT patent applications by means of the Internet according
to a
Page 7
CA 02911065 2015-11-03
preferred embodiment of the invention;
Figure 3a is a simplified block diagram illustrating a homepage of an
interactive Internet
website of the method for worldwide promoting, offering for sale/license and
selling/licensing national and regional phase patent application rights
associated with
published unexpired PCT patent applications by means of the Internet according
to a
preferred embodiment of the invention;
Figures 3b to 3e are simplified block diagram illustrating webpages for
searching and
viewing PCT patent applications of the interactive Internet website of the
method for
worldwide promoting, offering for sale/license and selling/licensing national
and regional
phase patent application rights associated with published unexpired PCT patent
applications by means of the Internet according to a preferred embodiment of
the
invention;
Figures 3f to 3h are simplified block diagram illustrating webpages for
posting and
managing posted PCT patent applications of the interactive Internet website of
the
method for worldwide promoting, offering for sale/license and
selling/licensing national
and regional phase patent application rights associated with published
unexpired PCT
patent applications by means of the Internet according to a preferred
embodiment of the
invention;
Figure 3i is simplified block diagram illustrating a webpage for viewing
promotional
information associated with a PCT patent applications of the interactive
Internet website
of the method for worldwide promoting, offering for sale/license and
selling/licensing
national and regional phase patent application rights associated with
published unexpired
PCT patent applications by means of the Internet according to a preferred
embodiment of
the invention;
Figures 3j and 3k are simplified block diagram illustrating webpages for
creating and
managing seller and buyer portfolios, respectively, of the interactive
Internet website of
Page 8
CA 02911065 2015-11-03
the method for worldwide promoting, offering for sale/license and
selling/licensing
national and regional phase patent application rights associated with
published unexpired
PCT patent applications by means of the Internet according to a preferred
embodiment of
the invention;
Figure 31 is a simplified block diagram illustrating another homepage of an
interactive
Internet website of the method for worldwide promoting, offering for
sale/license and
selling/licensing national and regional phase patent application rights
associated with
published unexpired PCT patent applications by means of the Internet according
to a
preferred embodiment of the invention;
Figure 3m is a simplified block diagram illustrating a webpage for creating
and managing
an account with the interactive Internet website of the method for worldwide
promoting,
offering for sale/license and selling/licensing national and regional phase
patent
application rights associated with published unexpired PCT patent applications
by means
of the Internet according to a preferred embodiment of the invention;
Figure 3n is a simplified block diagram illustrating a start page of an
interactive Internet
website of the method for worldwide promoting, offering for sale/license and
selling/licensing national and regional phase patent application rights
associated with
published unexpired PCT patent applications by means of the Internet according
to a
preferred embodiment of the invention;
Figures 4a to 4j are screenshots of various pages of an implementation of the
method for
promoting, offering for sale and selling national and international patent
application
rights and patent rights in inventions according to a preferred embodiment of
the
invention.
DESCRIPTION OF THE PREFERRED EMBODIMENT
Unless defined otherwise, all technical and scientific terms used herein have
the same meaning as
Page 9
CA 02911065 2015-11-03
commonly understood by one of ordinary skill in the art to which the invention
belongs.
Although any methods and materials similar or equivalent to those described
herein can be used
in the practice or testing of the present invention, the preferred methods and
materials are now
described.
It is noted the preferred embodiments hereinbelow are with reference to
selling and/or licensing
national and regional phase patent application rights associated with
published unexpired PCT
patent applications by means of the Internet. Seller and buyer may agree to
terms of the
sale/license such as, for example, preventing the exportation of products from
that jurisdiction, or
importation into another jurisdiction (such as the seller's jurisdiction). The
license may be
exclusive, non-exclusive or sole, and may be a "lump sum" or royalty fee
based, duration based,
or any combination or other standard license with legal language to protect
against grey
marketing.
Referring to Figure 1, a system 100 for worldwide promoting, offering for
sale/license and
selling/licensing national and regional phase patent application rights
associated with published
unexpired PCT patent applications by means of the Internet according to a
preferred embodiment
of the invention is provided. The system 100 comprises a patent application
database 104 having
stored therein patent application information associated with the inventions
and a server
computer 102 connected to the Internet 10 and to the patent application
database 104 for
operating an interactive Internet website and enabling access to the patent
application database
104 via the interactive Internet website. The server computer 102 when
executing executable
commands stored in a non-transient storage medium such as, for example, a hard
drive, performs
the tasks of a method for promoting, offering for sale and selling national
and international patent
application rights and patent rights in inventions by means of the Internet,
preferred embodiments
of which will be described hereinbelow, with the main tasks comprising:
generating and
operating an interactive Internet website; managing posting of or uploading of
patent applications
and related information; querying the patent application database;
establishing communication
links; managing user accounts; managing payments; managing posting of
advertisements; and,
optionally, providing machine translations of readable text files.
Page 10
CA 02911065 2015-11-03
The database 104 is, preferably, generated and operated using a standard SQL
based database
management system such as, for example, MySQL, PostgreSQL, Oracle, or Sybase.
The server
computer 102 is, preferably, a standard server computer capable of executing a
web server
application such as, for example, the widely used web server software "Apache
HTTP Server".
Optionally, the server computer 102 comprises multiple processing modules with
each
processing module being associated with the processing of a specific task such
as, for example,
database management module 106, account management module 108, payment module
110, and
advertisement module 112. The multiple processing modules may be implemented
software
based ¨ multiple software platforms - or hardware based ¨ multiple processors.
The interactive Internet website is, preferably, created as a dynamic website
employing widely
used software systems such as, for example, PHP Hypertext Processor ,Common
Gateway
Interface (CGI), Java Servlets, or Java Server Pages. The webpages of the
interactive Internet
website are provided based on widely used Graphical User Interface (GUI)
technology enabling
the user to interact, for example, by clicking on selected icons, selecting
from scroll down menus,
and enter text into text fields. In one embodiment, the interactive Internet
website enables
provision of "multimedia" such as, for example, audio, video, and animation,
employing widely
used Web browser plugins such as, for example, Adobe Flash, Adobe Shockwave,
Microsoft
Silverlight, and applets written in Java, or HTML 5 which includes provisions
for audio and
video without plugins. Further preferably, the interactive Internet website is
adapted to enable
communication with users of various different types of client computers having
Internet 10
connectivity such as, for example, desktop and laptop computers 20.1 having
monitor 22.1 and
keyboard 24.1, tablet computers and Personal Digital Assistants (PDAs) 20.2
having touchscreen
22.2, and smartphones 20.3 having touchscreen 22.3. Further preferably, the
interactive Internet
website is adapted to enable access to information such as, for example,
promotional
information, of a patent application that is available from a different
Internet domain 30 than the
server 102 - such as, for example, the web server of a company posting patent
applications for
promoting, offering for sale and selling national and international patent
application and patent
rights, video sharing websites such as YouTube, or the patent database of the
World Intellectual
Property Organization WIPO - connected to the Internet 10 using, for example,
widely used
hyperlinking technology.
Page 11
CA 02911065 2015-11-03
Referring to Figures 2a, 2b, and 3a to 3k, a method for worldwide promoting,
offering for
sale/license and selling/licensing national and regional phase patent
application rights associated
with published unexpired PCT patent applications by means of the Internet
according to a first
embodiment of the invention is provided. The server computer 102 generates ¨
210 - data
indicative of an interactive Internet website for promoting, offering for
sale/license and
selling/licensing the national and regional phase patent application rights
associated with the
published PCT patent applications. The interactive Internet website enables ¨
220 -
communication between the server computer 102 and users of client computers
20.1-20.3
connected to the Internet 10. When accessing the interactive Internet website
via one of the client
computers 20.1-20.3, the user is presented with a homepage, as illustrated in
Figure 3a, enabling:
a potential buyer to select the 'Search and View' option for searching and
viewing posted
unexpired PCT patent applications, sale/license information, and other
relevant information; and,
a seller to select the 'Post' option for posting unexpired PCT patent
applications, by clicking on
the button associated with the respective option.
After clicking on the 'Search & View PCT Patent Applications' button, the user
is presented with
a webpage such as illustrated in Figure 3b providing various search options
for searching the
patent application database 104 such as, for example, selecting a country or
countries for which
the national and international patent application and patent rights are
offered for sale from
countries listed - for example, in alphabetical order in a scroll down menu ¨
optionally selecting
a technology from different technologies such as "automotive", "construction",
"electronics", etc.
listed - for example, in alphabetical order in a scroll down menu - and by
using keywords. For
example, the user may select one or more countries, a technology, and further
refine the search by
entering one or more keywords. Further search options may include searching
based on patent
classifications (such as, for example IPC); and/or; for which PCT patent
application the owner is
offering for sale the national phase rights in a country or countries; and/or;
for which PCT patent
application the owner is not offering for sale the national phase rights in a
country or countries;
and/or; where at least one of the claims in the PCT patent application is
considered patentable
according to the Written Opinion of the International Search Authority.
Page 12
CA 02911065 2015-11-03
Optionally, the user is enabled to choose further predefined database search
criteria such as:
i) Geographic availability or non-availability with the latter being
differentiated whether the
seller chose not to make it available ¨ indicating seller confidence and
likely entry into national
patent application by the seller ¨ vs. non-availability due to sale of the
national patent rights to an
interested third party and indicating confirmation that the third party has
provided some
confirmation of its value;
ii) Name of applicant; and,
iii) Time to end of 30 or 31 month deadline.
After clicking the "Submit" button, the search request is provided to the
server computer 102.
After receipt ¨ 230 - of the search request the server computer 102 searches ¨
240 - the patent
application database 104 in dependence upon the search query, as illustrated
in Figure 2a, and
provides ¨ 250 - the search results to the client computer where they are
displayed in a new
webpage or window, illustrated in Figure 3c, by listing the found patent
applications, for
example, sorted by country, or in order of the date of posting (or the date of
the expiration of the
national entry, or another user defined ordering) in a scroll down menu. The
user is then enabled
to select one or more of the listed patent application(s) for viewing by
clicking on the respective
patent application in the list.
After receiving the request for providing PCT patent application information
related to a specific
user selected PCT patent application the server computer retrieves the
information associated
with the user selected PCT patent application and provides the same to the
client computer where
it is displayed via the interactive Internet website displaying a new webpage
or window,
illustrated in Figure 3d. The displayed information ¨ 260- comprises, for
example: PCT patent
application number; PCT publication number; international filing date;
earliest priority date; title;
IPC; abstract; representative drawing; applicant(s) name(s); inventor(s)
name(s); agent(s)
name(s); a 30 month and a 31 month expiration date of availability of the
national and regional
phase patent application rights; and, 270 - an asking price for each country
or region the national
and regional phase patent application rights associated with the published PCT
patent application
are offered for sale/license (which may also include terms of sale/license to
be agreed to by the
buyer).
Page 13
CA 02911065 2015-11-03
Optionally, the webpage displays a number of claims considered in the Written
Opinion to meet
all three requirements for patentability or that at least one of the claims
meet these requirements -
271.
Further optionally, the webpage displays and unexecuted, partially pre-
populated pro forma
patent application rights assignment agreement document and a seller's pre-
acknowledgement of
a willingness to enter into an assignment agreement in this form with any
successful purchaser -
272.
The webpage also enables the user to view: the published PCT patent
application; the Search
Report of the International Search Authority; and, the Written Opinion of the
International
Search Authority (if available) by clicking on the respective button - 280.
The webpage also enables the user to send a message to the seller's agent of
the national and
regional phase patent application rights associated with the published PCT
patent application ¨
290 ¨ by clicking the 'Contact Agent' button. The agent's contact information
may be obtained
from the seller when posting the published PCT patent application or from the
agent, for
example, when signing up to the Internet website.
Preferably, after clicking the 'Contact Agent' button the webpage displays a
menu, illustrated in
Figure 3e, enabling the user to: provide contact information; indicate
country_(countries) and/or
region(s) for which the user intends to buy/license the patent application
rights associated with
the published PCT patent application ¨ 290A; and, provide a message to the
agent. The
information is then sent to the agent by clicking on the 'Send' button. In one
embodiment of the
invention, the Contact Agent button also triggers a "pay per click" feature to
which the agent has
subscribed, the trigger charging the agent an amount for each click of the
"Contact Agent"
button.
Optionally, the server computer 102 tracks the number of times a particular
published PCT patent
application was the subject of a displayed search result, as well as the
number of times a
Page 14
CA 02911065 2015-11-03
particular published PCT patent application information page was displayed.
The information is
then displayed to all viewers of the published PCT patent application to show
the interest in the
published PCT patent application.
Referring to Figures 2b, 3f and 3g, a seller is enabled to post a published
PCT patent application.
After clicking ¨ 310 - on the 'Post PCT Patent Applications' button on the
webpage illustrated in
Figure 3a, the seller is presented ¨ 320 - with a webpage such as illustrated
in Figure 3f
prompting and enabling the seller to provide information indicative of one of
a PCT patent
application number and a PCT publication number associated with the published
PCT patent
application. After entering one of a PCT patent application number and a PCT
publication
number in the respective field and clicking the 'Auto-Populate' button, the
server computer 102
retrieves ¨ 330 - from the WIPO website connected to the Internet the PCT
patent application
information in dependence upon the one of a PCT patent application number and
a PCT
publication number. The PCT patent application information comprises the other
of a PCT patent
application number and a PCT publication number; international filing date;
earliest priority date;
title; IPC; abstract; representative drawing; applicant(s) name(s);
inventor(s) name(s); and,
agent(s) name(s). The server computer 102 provides ¨ 340 - the PCT patent
application
information to the patent application database 104 for storage therein and ¨
350 - to the client
computer for displaying the PCT patent application information in a human
comprehensible form
via the Internet website executed thereon. The server computer 102 also
determines ¨ 360 - a 30
month and a 31 month expiration date of availability of the national and
regional phase patent
application rights.
In case retrieval of the PCT patent application information associated with a
PCT patent
application number is unsuccessful, the server computer 102 generates a
message for display on
the seller's client computer, the message indicating to check if the PCT
patent application is
correct and if it is correct that the PCT patent application has not yet been
published, suggesting
filing a publication request.
The server computer 102 further establishes ¨ 370 - access to: the published
PCT patent
application; the Search Report of the International Search Authority; and, the
Written Opinion of
Page 15
CA 02911065 2015-11-03
tire International Search Authority. Access to the published PCT patent
application and the
,
Search Report is provided by the server computer 102 generating a hyperlink to
the published
PCT patent application information on the WIPO website. The Written Opinion is
uploaded by
the seller or the seller's agent.
After, or while, displaying the PCT patent application information the seller
is provided with a
webpage as illustrated in Figure 3g prompting and enabling the seller to
upload the Written
Opinion (if unavailable from the WIPO website) and ¨ 380 - to provide
information indicative of
an asking price for selling/licensing the national and regional phase patent
application rights
associated with the published PCT patent application. For example, the seller
is provided with a
list of PCT member countries and associated fields for entering the respective
asking price for
selling/licensing. The PCT patent application is then posted by clicking the
'Submit' button.
Optionally, a scroll down menu is displayed ¨ 380A - for selecting countries
or regions and for
entering a respective asking price with the asking price of at least a portion
of the countries or
regions provided in a pre-populated fashion. For example, the seller enters an
asking price for a
region which is then used to pre-populate the countries of this region.
Alternatively, the pre-
population is done based on the asking prices of a PCT patent application
previously posted by
the seller.
Optionally, the webpage prompts and enables the seller to provide information
¨ 381 - indicative
of a number of claims considered in the Written Opinion to meet all three
requirements for
patentability or that at least one of the claims meet these requirements.
Optionally, the webpage prompts and enables the seller to provide the number
of references in
categories 'X' and 'Y' cited in the International Search report using, for
example, a scroll down
menu which will be displayed, for example, together with the number of claims
considered in the
Written Opinion to meet all three requirements for patentability.
Optionally, the server computer 102 generates an unexecuted, partially pre-
populated pro forma
patent application rights assignment agreement document and provides the same
to the client
Page 16
CA 02911065 2015-11-03
computer ¨ 382. The client computer displays the patent application rights
assignment agreement
document in a human comprehensible form via the Internet website executed
thereon and enables
the seller to pre-acknowledge a willingness to enter into an assignment
agreement in this form
with any successful purchaser and provides the pre-acknowledgement to the
server computer 102
for storage in the patent application database 104.
Optionally, the user is prompted to provide an indication for display to
potential buyers that the
user believes in the technology. For example, the user provides an indication
that he has filed
national or regional patent applications in Japan, Europe and/or other very
expensive
countries/regions. Alternatively, the user provides information regarding the
investment into the
implementation of the invention.
Referring to Figure 3h, the seller is enabled to edit an already posted PCT
patent application. For
example, the seller is presented with the webpage illustrated in Figure 3h,
enabling editing the
sale/license information or to deactivate the posted PCT patent application.
The seller is
presented with this webpage, for example, by entering the PCT patent
application number of the
already posted PCT patent application on the webpage illustrated in Figure 3E
Optionally, the seller is enabled to provide promotional information
associated with the posted
PCT patent application for being presented to potential buyers, for example,
using a link on the
search result page illustrated in Figure 3d to a new webpage, illustrated in
Figure 3i, displaying
the promotional information using at least one of: text; image; audio; video;
and, animation.
Preferably, the server computer 102 compares the 30 month expiration date of
availability of the
national and regional phase patent application rights with a present date and
if the comparison is
indicative of elapse of availability removes the countries and regions
associated with the 30
month expiration date from the sale/license information. Optionally, a
notification of the removal
is sent to the seller, for example, a predetermined time interval prior to the
removal.
The same is repeated for the 31 month expiration date of availability of the
national and regional
phase patent application rights. Optionally, the server computer 102
determines if Canada is
Page 17
CA 02911065 2015-11-03
designated as a country for which the national and regional phase patent
application rights
associated with the published PCT patent application are offered for
sale/license. If Canada is not
designated as a country for which the national and regional phase patent
application rights
associated with the published PCT patent application are offered for
sale/license, the server
computer 102 generates a message indicating that Canada has a 42 month
expiration date of
availability of the national phase patent application rights and can still be
offered for sale/license
and provides the same to the seller's client computer.
Optionally, users are enabled to create and manage seller and buyer
portfolios, as illustrated, for
example, in Figures 3j and 3k, respectively. The portfolios list the
posted/selected PCT patent
application, the dates ¨ for example, of posting/selecting or expiration dates
¨ the status ¨ for
example, active, deactivated and allow the user to edit entries, for example,
to change the status.,
by clicking on the respective button under 'EDIT'.
Preferably, the interactive Internet website prompts users to agree to the
'Terms and Conditions'
of the website, for example, prior enabling a potential buyer to select the
search criteria and prior
enabling a seller to provide the PCT patent application number or the PCT
publication number.
In one embodiment, the method for worldwide promoting, offering for
sale/license and
selling/licensing national and regional phase patent application rights
associated with published
unexpired PCT patent applications by means of the Internet as described
hereinabove all
functions are freely accessible without creating an account with the website.
In a second embodiment of the method for worldwide promoting, offering for
sale/license and
selling/licensing national and regional phase patent application rights
associated with published
unexpired PCT patent applications by means of the Internet according to the
invention, the
interactive Internet website has two levels of access. A public access level
enables the user to
freely search the patent application database 104 for posted PCT patent
applications and view the
posted PCT patent applications, while posting PCT patent applications is
accessible for account
holders only. The account may be free or charged, for example, on an annual
basis. For example,
the homepage, illustrated in Figure 31, enables free access for searching and
viewing by clicking
Page 18
CA 02911065 2015-11-03
on the 'SEARCH & VIEW' button. For other functions such as posting a PCT
patent application
the user can 'Login' if he/she is an account holder or 'Create an Account', as
will be described
hereinbelow, by clicking on the respective buttons.
Alternatively, the user is allowed to freely search and view the PCT patent
applications, but is
prevented from contacting the agent unless the user is an account holder.
Further alternatively, the user is allowed to freely search and view the PCT
patent applications
with limited search criteria such as, for example, keyword search of title and
abstract,
technological field, and countries the PCT patent application rights are
offered, and display of
only promotional information, but is prevented from viewing the PCT patent
application
information, contacting the agent, and posting a PCT patent application unless
the user is an
account holder.
Further alternatively, also the searching and viewing of the PCT patent
applications is only
available for account holders.
Referring to Figure 3m, the user is presented with the "Create/Manage Account"
webpage after
clicking on "Create Account" on the homepage or "Manage Account" after Login.
The
"Create/Manage Account" webpage enables the user to provide user account
information such as
First Name and Last Name of a user name, Affiliation, Address, Country, and
Email Address.
Further, the user is enabled to provide a Password for accessing the account.
Preferably, the user
is prompted to provide a 'strong' password in a conventional manner. Changes
to any of the
fields represented by the respective icons are saved by clicking the "EDIT"
icon. The account
may be free or charged, for example, on an annual basis.
Optionally, the "Create/Manage Account" webpage further comprises a payment
section enabling
the user to make secure online payments in a conventional manner via, for
example, credit card
or PayPal by clicking on the "Select Payment Method/Make Payment" icon.
Clicking on the
"Accounts Payable" icon presents the user with a list of the charges the user
is required to pay
such as, for example, account renewal fee, portfolio management fee, and
posting fee, as will be
Page 19
CA 02911065 2015-11-03
described hereinbelow.
After clicking on the "Login" icon on the webpage illustrated in Figure 31,
the user is provided
with a typical Login window requesting provision of, for example, the account
holder's user
name and a password. After successful Login the account holder is presented
with, for example,
the webpage illustrated in Figure 3n displaying the icons: "Search & View
Patent Applications";
"Post a Patent Application"; "Manage Account"; "Manage Portfolio"; and,
"Notification",
providing the user full access to the interactive Internet website, as will be
described
hereinbelow.
After clicking on the "Notification" button the user is presented, for
example, with a list of
technologies and a list of countries using conventional scroll down menus on
which the user
clicks on the selected technology and country. The server computer 102 then
sends a notification
email to the email address provided by the user on the "Create/Manage Account"
webpage. For
example, the user is provided with an email message such as:
NOTICE TO SUBSCRIBER: The National Research Council of Canada technology
titled
ANTENNA DEVICE, in the field of radio electronics, is available for sale in
Japan and
Australia. Originally not available for sale in Canada, USA and Europe. As of
the date of this
NOTICE, it is not available for sale in Canada, USA, Europe and China.
There are various possibilities for the interactive Internet website to
generate revenue. In one
embodiment all features of the website are available for free, while revenue
is generated by
displaying advertisement on at least one of the webpages. For example, when
displaying selected
PCT patent applications banner ads of law firms are displayed therewith with
the banner ads
having a 'pay-per-click' feature resulting in a payment from the law firm to
the website when the
ad is clicked on and an internal ad appearing or a link to the law firm's
homepage. For example,
the banner ads are displayed in dependence upon a country chosen by the user.
Further revenue may be generated with the 'Contact Agent' button in Figure 3d
and/or the 'Send'
button in Figure 3e having a 'pay-per-click' feature where for each click a
payment is made by
the seller's agent to the website. Optionally, server computer determines the
'pay-per-click'
Page 20
CA 02911065 2015-11-03
payment dependent on one of:
the number of countries chosen by the first user;
the identity of a country or countries chosen by the first user;
a total asking price of countries chosen by the first user; and,
the number of click-throughs already experienced on the PCT patent application
(reflecting the
demand, or lack thereof, for the technology).
Further sources of revenue are provided by features of the website prompting
and enabling a user
to provide payment information for payment of various services such as, for
example:
a posting fee prior to providing the posting information;
a buyer's portfolio fee, for example, on an annual basis;
a seller's portfolio fee, for example, on an annual basis;
an account fee, for example, on an annual basis;
a notification fee, for example, on an annual basis; and,
a transaction fee to be paid by purchaser at time of sale.
As is evident to one skilled in the art, there are numerous possibilities for
combining the various
options of the method for worldwide promoting, offering for sale/license and
selling/licensing
national and regional phase patent application rights associated with
published unexpired PCT
patent applications by means of the Internet according to the invention with
the different levels of
access and the different means for generating revenue.
Referring to Figures 4a to 4j, an example implementation of the method for
promoting, offering
for sale and selling national and international patent application rights and
patent rights in
inventions by means of the Internet according to a preferred embodiment of the
invention is
provided. Figure 4a illustrates the 'start/home' page of the website called
`PCTxs'. Looking at
the 'search' page, illustrated in Figure 4b, the search criteria are entered
in the left hand column,
while the search results are presented in the right hand column after clicking
the GET RESULTS
button and/or are presented immediately and are constantly updated as
additional search terms
are added. Clicking on the right arrow associated with a specific search
result, or title thereof,
immediately takes the user to the detail search 'results' page, illustrated in
Figure 4c. Clicking
Page 21
CA 02911065 2015-11-03
the BACK TO SEARCH button takes the user back to the 'search page'. An
interested buyer is
enabled to establish communication by clicking the CONTACT AGENT button -
which may
have implemented the pay-per-click feature as described hereinabove - leading
to the 'contact the
agent' page, illustrated in Figure 4d, providing information about the contact
agent as well as
enabling the user to select countries of interest and to send a message to the
contact agent. The
seller is enabled to post patent rights for sale in a PCT patent application
using the `PCT
Lookup', illustrated in Figures 4e and 4f. After entering the PCT application
number in the
'Lookup' page, illustrated in Figure 4e, the respective PCT patent application
information
comprising PCT numbers, publication date, title, applicant, inventor is
retrieved and displayed on
a new webpage, illustrated in Figure 4f, after confirming and clicking the
AUTO-POPULATE
button the respective PCT patent application and data associated therewith is
retrieved from a
database by. For example, access to the PCT patent application and data is
established by
providing a hyperlink to the respective PCT patent application at the WIPO
website, the contact
agent has established a database containing the PCT patent applications of his
clients, or the PCT
patent application is retrieved manually using the `Patentscope' search engine
on the WIPO
website. Successful retrieval is confirmed and the PCT application and data
are presented on the
`PCT Preview' page, illustrated in Figure 4g. Using the 'input your PCT sales
information' page,
illustrated in Figure 4h, the seller is enabled to input the asking price for
various countries. For
example, the countries are presented by regions such as North America.
Clicking on a region
then presents the different countries of the region. The page may comprise a
default prepopulate
feature. For example, the seller provides an asking price for the region,
which is then used to
prepopulate all countries of the region with this asking price. The seller
then may or may not
change the preset asking price for one or more countries. Optionally, the page
is prepopulated
using asking prices previously provided by the seller for a different patent
application. Further
optionally, a running total for each region is calculated and displayed. After
clicking the
SUBMIT button the seller is presented with a confirmation. The 'your PCT
entries' page,
illustrated in Figure 4i, lists the seller's posted patent applications and
their status. The 'edit your
PCT' page, illustrated in Figure 4j, enables the seller to edit any entry
related to an already posted
patent application, as well as to deactivate the same.
The present invention has been described herein with regard to preferred
embodiments. However,
Page 22
CA 02911065 2015-11-03
it ,will be obvious to persons skilled in the art that a number of variations
and modifications can
,
be made without departing from the scope of the invention as described herein.
Page 23
