WO2001073657A1 - Patent-related tools and methodology for use in the licensing process, general management of a business and in the merger and acquisition process - Google Patents

Patent-related tools and methodology for use in the licensing process, general management of a business and in the merger and acquisition process Download PDF

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Publication number
WO2001073657A1
WO2001073657A1 PCT/US2001/009584 US0109584W WO0173657A1 WO 2001073657 A1 WO2001073657 A1 WO 2001073657A1 US 0109584 W US0109584 W US 0109584W WO 0173657 A1 WO0173657 A1 WO 0173657A1
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WIPO (PCT)
Prior art keywords
stage
patents
tool
company
chart
Prior art date
Application number
PCT/US2001/009584
Other languages
French (fr)
Inventor
Paul B. Germeraad
Luke Hohmann
Irving S. Rappaport
Kevin G. Rivette
Sheryl Ann Heaton
Original Assignee
Aurigin Systems, Inc.
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Priority claimed from US09/790,897 external-priority patent/US7716060B2/en
Application filed by Aurigin Systems, Inc. filed Critical Aurigin Systems, Inc.
Priority to AU2001250988A priority Critical patent/AU2001250988A1/en
Publication of WO2001073657A1 publication Critical patent/WO2001073657A1/en

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    • G—PHYSICS
    • G06—COMPUTING; CALCULATING OR COUNTING
    • G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00—Administration; Management
    • G06Q10/10—Office automation; Time management

Definitions

  • the following stage is the litigation stage 108.
  • the litigation stage 108 may or may not be necessary, but typically occurs when patent rights are asserted against a third party and the third party challenges the patent's validity.
  • FIG. 1 illustrates a flowchart relating to the licensing process according to an embodiment ofthe present invention
  • FIG.21 illustrates the patent count facilitating the assertion analysis stage ofthe licensing process according to an embodiment ofthe present invention
  • FIG. 22 is a flowchart depicting how the IP AM server works in conjunction with the patent count to aid in the assertion analysis stage according to an embodiment ofthe present invention
  • FIG. 37 is a flowchart depicting how the IP AM server works in conjunction with the nested patent citation tree to aid in the assertion analysis stage according to an embodiment ofthe present invention
  • FIG. 113 illustrates the patent activity chart facilitating the general management ofthe growth stage of a business according to an embodiment ofthe present invention
  • FIG. 124 is a flowchart depicting how the IP AM server works in conjunction with the nested patent citation tree to aid in the embryonic stage according to an embodiment ofthe present invention
  • FIG. 125 illustrates the nested patent citation tree facilitating the general management ofthe growth stage a business according to an embodiment ofthe present invention
  • FIG. 131 illustrates the product/patent/revenue table facilitating the general management ofthe mature stage a business according to an embodiment ofthe present invention
  • FIG. 143 illustrates the time remaining on patents chart facilitating the general management ofthe mature stage a business according to an embodiment ofthe present invention
  • FIG. 144 illustrates the time remaining on patents chart facilitating the portfolio review stage according to an embodiment ofthe present invention
  • FIG. 170 is an exemplary screen shot of a report produced by the IPAM server to assist the user company in searches relating to patent velocity in U.S. Patent Classifications according to an embodiment ofthe present invention
  • FIG. 171 illustrates the citation frequency report facilitating the evaluate/analyze and due diligence stages according to an embodiment of the present invention
  • FIG. 181 is a flowchart depicting how the IPAM server works in conjunction with the patent aging graph to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention
  • the present invention is related to patent-related tools, and methodologies involving those tools, for assisting in all stages ofthe licensing process, in the general management of a business, and in the merger and acquisition process.
  • FIGS. 1-209 illustrate features of embodiments of the present invention. Understanding of other methodologies represented in FIGS . 1 -209 (and variations and extensions thereof) will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein, and the teachings contained in the patents and pending U.S. applications cited above.
  • the present invention provides patent-related tools and methodologies for the licensing process, in the general management of a business, and in the merger and acquisition process. This may be accomplished through an Intellectual Property Asset Management (IPAM) server.
  • IPAM Intellectual Property Asset Management
  • the IPAM server may be used in conjunction with the tools to aid in the licensing process, in the general management of a business, and in the merger and acquisition process.
  • the IPAM server will briefly be discussed herein, although the invention is not limited to this brief description. Briefly stated, the IPAM server deals with context data processing.
  • step 402 shows the pattern of subjects of all of the patents produced in step 402 (e.g., shows products, uses and/or technologies covered by the company's patent portfolio). Labels on the topographic map 202 indicate the products, uses and/or technologies, and the contours indicate how many U.S. patents exist for each subgroup area. The topographic map 202 shows areas people are focusing on. Control then passes to step 406.
  • IPAM server works in conjunction with the portfolio actions map 206 to aid in the licensing process as Tool 3 is described with reference to FIG. 12.
  • the U.S. Patent Classification 395 represents the most common type of technology that is covered by the company's patents. Therefore, the technology included in U.S. Patent Classification 395 is well- covered by the company's patents. In contrast, the technology included in U.S. Patent Classification 369 is sparsely-covered by the company's patents.
  • FIG. 23 illustrates the count per year 212 facilitating the litigation stage 108 as Tool 31, entitled "Patent Count/Year.”
  • the purpose of Tool 31 in the litigation stage 108 is to identify companies who had the competence to knowingly commercialize infringing products and thus may be liable for treble damages.
  • Tool 31 also identifies who has continuously developed the technology.
  • How the IPAM server works in conjunction with the patent count per year 212 to aid in the litigation stage 108 is similar to the assertion analysis stage 104, as described above with reference to FIG. 22.
  • One exception is that the graphic produced is created from not only idea/data, but also the year the patent was filed.
  • the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office.
  • the classification used would be the IPC classification.
  • the IPAM server may store the U.S. Patent Classification (or IPC classification) in a meta-data field that will also need to be searched to determine the patent classification, but is not limited to this. Control then passes to step 2806.
  • FIG. 33 illustrates the patent citation tree 218, used in the assertion analysis stage 104, as Tool 15, entitled “Patent Citation Tree.”
  • Tool 15 in the assertion analysis stage 104 is to provide information to the assertion team, such that at a glance, the assertion team can identify other companies whose products are likely being made by similar means and for which manufacturing drift or inadvertent design decisions might lead to infringement.
  • each tool or method and how it may be combined with the IPAM server to aid in the general management of different stages of a business.
  • an exemplary graphical presentation is used. It should be noted that the particular exemplary graphical presentation used is for convenience purposes only and the invention is not limited to that particular graphical presentation.
  • a bar chart can be also implemented as a pie chart, radar or spider charts, two or three dimensional graphs, etc., and vice versa.
  • the same tool may be used in different ways to facilitate different stages in the general management of a business.
  • a flowchart 9600 begins at step 9602.
  • a user performs a search on the groups of patents covering the company's own products and competitor's products and/or product attributes analyzed by reverse engineering the company's own products and competitor's products.
  • the present invention is not limited to doing the search on this, but may include other available documents and/or attributes.
  • the search performed is typically a boolean and/or natural language search on product attributes which are sorted and grouped to create interactive maps of patented products or service features. Control passes to step 9604.
  • portfolio actions map 9206 helps them to build upon art/technology that will directly affect their business. All other art/technology is likely to be removed from the growth company's focus. How the IPAM server works in conjunction with the portfolio actions map 9206 to aid in the growth stage 9104 is similar to how it is done in the embryonic stage 9102.
  • FIG. 100 illustrates the portfolio actions map 9206 facilitating the expansion stage 9106 as Tool 15 , entitled "Expanding Business Portfolio Actions Map.”
  • a business in the expansion stage 9106 is a stable business or company unit.
  • the stable business or company unit is experiencing sold growth and is profitable.
  • Money is flowing easily and the CEO is concentrating on covering all possible areas related to the business' technology, along with venturing into different technological areas, new geographic areas, and/or new market segments. Therefore, the purpose of Tool 15 is to allow the management team or CEO to immediately assign patents to a specific course of action in a fraction of the time required by traditional means of analyzing the paper version of the patents by a few individuals.
  • FIG. 105 illustrates the core technologies map 9208 facilitating the mature stage 9108 as Tool 24, entitled “Mature Business Core Technologies Map.”
  • Tool 24 in the mature stage 9108 gives the business unit or CEO a visual indication of its core technologies, indicating which core technologies are well covered and which are sparsely covered.
  • the CEO can compare the core technologies map 9208 to the strategic intent ofthe business and identify how well its intellectual property is being managed.
  • Tool 24 determines what technologies are in the business's patent portfolio. How the IPAM server works in conjunction with the core technologies map 9208 to aid in the mature stage 9108 is similar to the expansion stage 9106.
  • IPAM server 9216 identifies the most recent speed of change, and by which companies, in the business environment surrounding the embryonic business unit. How the IPAM server works in conjunction with the recent patent applications chart 9216 to aid in the growth stage 9104 is described with reference to FIG. 118.
  • a flowchart 12800 begins at step 12802.
  • a user performs a search on the group of company documents and patents, but is not limited to this. This typically involves a boolean and/or natural language search on the product, use and/or technology to produce a group of documents and patents. Control passes to step 12802.
  • step 12804 the IPAM server integrates financial information from the user company's book, with its manufacturing tracking system, and each patent (produced from step 12802) to produce the product/patent/revenue table 9224. At this point, flowchart 12800 ends.
  • the time remaining on patents chart 9228 also shows the age of each of the business unit's patents. How the IPAM server works in conjunction with the time remaining on patents chart 9228 to aid in the mature stage 9108 is similar to the embryonic stage 9102.
  • step 17206 the patents in each resulting subgroup are sorted by year to produce the citation frequency report 14718 requested by the user.
  • Flowchart 17200 ends at this point.
  • the patent count/year 14720 identifies the intensity of development in portfolios.
  • a flowchart 18100 begins at step 18102.
  • a user performs a search on the group of all U.S. patents owned by the company.
  • the present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications.
  • the search performed is typically a boolean and/or natural language search on a technical area.
  • Control passes to step 18104.
  • the IPAM server sorts the patents in the resulting group from step 18102 by years to expire to produce the patent aging graph 14724 requested by the user. At this point flowchart 18100 ends.
  • the IPAM server works in conjunction with the assignee patent count report by primary class/subclass 14730 to facilitate the evaluate/analyze stage 14604 (as Tools 20 and 23) and the negotiation stage
  • step 18804 the IPAM server sorts the patents in the resulting group from step 18802 by primary class.
  • the IPAM server sorts the patents in the resulting group from step 18802 by primary class.
  • step 19406 the IPAM server determines the percentage of total patents for each subgroup (by assignee) produced in step 19404 to produce the top assignees primary class/subclass by percent of total 14734 requested by the user.
  • a flowchart 19700 begins at step 19702.
  • step 19702 in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents.
  • the present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications .
  • the search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 19704.
  • step 19704 the IPAM server sorts the patents in the resulting group from step 19702 by year to create subgroups of patents. Control passes to step 19706.
  • step 20104 the IPAM server allows the user to make annotations on one or more ofthe patents and/or corporate documents in the group produced by step 20102.
  • Flowchart 20100 ends at this point.

Abstract

The present invention is related to patent-related tools, and methodologies involving those tools, for assisting in all stages of the licensing process (Fig. 1), in the general management of a business process and in the merger and acquisition process. The IPAM server may be used in conjunction with the tools and methodology to aid in the processes. The licensing process goes through a variety of stages before a patent, software program etc. is finally licensed by another party. The licensing process may have 5 stages, including a portfolio analysis stage (102), assertion analysis stage (104), negotiation stage (106), litigation stage (108) and collection stage (110). The General Management of a business goes through a variety of stages (states). Merger and Acquisition Process goes through a variety of stages before a Company A and Company B come to an agreement regarding the merger or the acquisition.

Description

PATENT-RELATED TOOLS AND METHODOLOGY FOR USE IN THE
LICENSING PROCESS, GENERAL MANAGEMENT OF A BUSINESS
AND IN THE MERGER AND ACQUISITION PROCESS
BACKGROUND OF THE INVENTION
Field ofthe Invention
The invention is directed to patent-related tools and methodologies involving those tools for assisting in all stages of 1) the licensing process, 2) the general management of a business, and 3) the merger and acquisition process.
Related Art to the Licensing Process
The licensing process typically goes through a variety of stages before a patent, software program, etc., is finally licensed by another party. A flowchart, as shown in FIG. 1, is the classic way to look at the licensing process. FIG. 1 illustrates that the licensing process may have, but is not limited to, five (5) stages. The five stages include a portfolio analysis stage 102, an assertion analysis stage 104, a negotiation stage 106, a litigation stage 108, and a collection stage 110.
The first stage is the portfolio analysis stage 102. Once a business goes through the research and development (R&D) stages for multiple products and/or services a R&D portfolio is created. One or more ofthe projects and/or services in the R&D portfolio may eventually be protected by one or more patents to create a patent portfolio. It is important for a business with such a portfolio to be able to leverage its patents to receive the most benefit. Therefore, the purpose of the portfolio analysis stage 102 in the licensing process is to investigate the patents of a company and determine how to license one or more of the patents contained therein.
Although the present invention is described with reference to a patent portfolio, the present invention is not limited to patents. In fact, the present invention applies to any item that another party may take a license for, including trademarks, software programs, know-how (e.g., trade secrets) and so forth. Throughout the description of the present invention, "user company" typically refers to the company who owns the patent and "other company" typically refers to the company who is considering licensing the patent from the user company.
The second stage is the assertion analysis stage 104 where each patent in the portfolio is analyzed and determined how it will be asserted. Typical ways of taking action on a patent include out-licensing, donating, maintaining, and abandoning the patent. The basic questions asked at this stage include: "Do multiple patents protect similar technology?", "Are competitors interested in the technology protected by one or more patents?', and "Do any patents cover technology that is out-dated?". More particularly, here the patents in the portfolio are screened against public statements, products, services offered by others, etc., to see if any claimed features or elements might be used by another company. Web crawlers, corporate intelligence, reverse engineering, etc., are examples of how this information may be gathered. A team then analyzes this information and highlights potential infringement for follow-up.
The next stage relates to the negotiation stage 106. In this stage, one or more people are interested in licensing a patent. This stage tests the market ofthe patent for which a license is being negotiated.
The following stage is the litigation stage 108. The litigation stage 108 may or may not be necessary, but typically occurs when patent rights are asserted against a third party and the third party challenges the patent's validity.
Finally, the collection stage 110 is the process of collecting royalty fees for a license. Here, it is useful for the collection team to have an understanding of how well a licensed patent should be doing in the market in order to determine the amount of royalties the user company can expect to receive.
How much time is spent at each stage in the licensing process for each patent in the portfolio depends partly on the patent itself. For example, a patent may have great economic value or it may have little economic value.
It is possible to facilitate, expedite, and enhance the licensing process by building upon work that has been performed in the past. However, there are little if any automated tools for assisting in this process. There are even less automated tools that utilize patent-related tools for assisting in the licensing process.
Related Art to the General Management of a Business
A business typically goes through a variety of stages (i.e., states), from start-up to fully established. A flowchart, as shown in FIG. 91, shows these stages. FIG. 91 illustrates that the stages of a business but is not limited to, four (4) stages. The four stages include an embryonic stage 9102, a growth stage 9104, an expansion stage 9106 and a mature stage 9108. In each of these stages, the Chief Executive Officer ("CEO!') will handle the intellectual property ofthe business differently. It is important to note that although some businesses go through all four stages, others may only go through one stage, two stages, and so forth.
The first stage is the embryonic stage 9102. A business in the embryonic stage 9102 is generally a start-up company (a couple of people) or a venture unit of a more established company. Typically, the strategic plan of a business in the embryonic stage 9102 includes focusing on a single product line, where the single product line is usually breaking new ground. The posture of the CEO of a business in the embryonic stage 9102 is to aggressively patent ahead the new product features, services and business models that the business in the embryonic stage 9102 is developing. Funds for intellectual property is usually limited and must be focused on the single product line. This protects the business' technology or art at a later stage and provides potential licensing revenue opportunities.
The second stage of a business is the growth stage 9104. A business in the growth stage 9104 is a small company or business unit. The small company or business unit is experiencing high growth. At this point, a business typically has multiple product lines. In the growth stage 9104 a business has more of a strategic view than it does in the embryonic stage 9102. The business spends more time defending a new business concept or technology. It can now afford to pay for more intellectual property protection because immediate profits is secondary. The posture ofthe CEO of a business in the growth stage 9104 is to manage intellectual property so as to pro-actively capture internal advances and licensing outside art covering new product features, processes and business practices as they are being rapidly developed.
The third stage of a business is the expansion stage 9106. A business in the expansion stage 9106 is a stable business or company unit. The stable business or company unit is experiencing soud growth and is profitable. Money is flowing easily and the CEO is concentrating on covering all possible areas related to the business' technology, along with venturing into different technological areas, new geographic areas, and/or new market segments. The posture ofthe CEO of a business in the expansion stage 9106 is to pro-actively manage intellectual property to support growth initiatives by limiting the competition from going into new markets and geographies.
The final stage of a business is the mature stage 9108. A business in the mature stage 9108 is an older company or business unit. Here, growth is slow and innovation is reduced. The older company or business unit is mostly concerned with protecting what it currently has with minimum effort and time. There is typically a large, positive cash flow and the older company or business unit is focused on defending its market during any consolidation phases. The posture of the CEO of a business in the mature stage 9108 is to look at the company portfolio (including, but not limited to, patents, software, trademarks, and know-how or trade secrets) and determine how to improve its cash flow. Ways to improve cash flow is to look at each patent, software, trademark, etc., in its portfolio and determine whether to sell, license, donate or abandon it.
Portfolios related to the portfolio review stage 9201 (FIG. 92). Portfolios and the portfolio review stage 9201 were described in "Patent-Related Tools and Methodology for Use in Research and Development Projects," invented by Germeraad et. al, Appl. No. 09/545,564, Filed: April 7, 2000, now pending (incorporated by reference in its entirety) and "Patent-Related Tools and Methodology for Use in the Licensing Process," invented by Germeraad et.al, Appl. No. To be assigned, Filed: April 28, 2000 (incorporated by reference in its entirety). Once a business goes through the research and development (R&D) stages for multiple products and/or services a R&D portfolio is created. One or more of the projects and/or services in the R&D portfolio may eventually be protected by one or more patents to create a patent portfolio. It is important for a business with such a portfolio to be able to leverage its patents to receive the most benefit. Therefore, the purpose ofthe portfolio analysis stage 102 in the general management of a business is to investigate the patents of a company and determine how to make the most revenue from the patents contained therein.
Although the present invention is described with reference to a patent portfolio, the present invention is not limited to patents. In fact, the present invention applies to any item that another party may take a license for, including trademarks, software programs, know-how (e.g., trade secrets) and so forth.
It is possible to facilitate, expedite, and enhance the general management of a business by building upon work that has been performed in the past. However, there are few if any automated tools for assisting in this process. There are even fewer automated tools that utilize patent-related tools for assisting in the general management of a business.
Related Art to the Merger and Acquisition Process
The merger and acquisition process typically goes through a variety of stages before Company A and Company B come to an agreement regarding the merger ofthe two, or the acquisition of one ofthe companies. A flowchart, as shown in FIG. 146, is the classic way to look at the merger and acquisition process. FIG. 146 illustrates that the merger and acquisition process may have, but is not limited to, four (4) stages. The four stages include an identify targets stage 14602, an evaluate/analyze stage 14604, a due diligence stage 14606 and anegotiation/consummation/integration stage 14608 (hereafter "negotiation stage 14608").
Prior to Company A even considering a merger and/or acquisition of another company, Company A determines that it needs growth and/or profits. Once this is determined, Company A may decide to consider a merger and/or acquisition of another company to satisfy its desired growth and/or profits. Management of Company A then sets relationship/selection criteria for any merger or acquisition of another company it will consider.
The first stage in the merger and acquisition process is the identify targets stage 14602. Here, the management of Company A has set the relationship/selection criteria for any merger and/or acquisition of another company it will consider.
The second stage is the evaluate/analyze stage 14604. Here, various companies are evaluated and analyzed for Company A to approach for possible mergers and/or acquisitions. The management of Company A will make one or more recommendations of other companies to approach for a merger and/or acquisition.
The next stage is the due diligence stage 14606. Here, due diligence is conducted on each of the companies the management of Company A made a recommendation on in the evaluate/analyze stage 14604.
The final stage is the negotiation stage 14608. In this stage, Company A conducts negotiations and/or consummation and/or integration of one or more companies that passed due diligence in the due diligence stage 14606. The outcome of this stage is the possible merger or acquisition of another company that Company A has determined will satisfy its desire for growth and/or profit.
It is possible to facilitate, expedite, and enhance the merger and acquisition process by building upon work that has been performed in the past.
However, there are little if any automated tools for assisting in this process.
There are even less automated tools that utilize patent-related tools for assisting in the merger and acquisition process. BRIEF SUMMARY OF THE INVENTION
The present invention is related to patent-related tools, and methodologies involving those tools, for assisting in all stages ofthe licensing process. In the present invention, the IP AM server may be used in conjunction with the tools and methodologies to aid in the licensing process. These tools or methods include, but are not limited to, a topographic map, a features grouping chart, a portfolio actions map, a technology classification, a Standard Industrial Codes (SIC) classification, a patent count per year chart, an application count per year chart, a technology by company map, a patent citation tree, a nested patent citation tree, a product/patent/revenue table, document annotation, a corporate/dividends preference/cost table, a months to issue patents table, and a time remaining on patents table.
The IP AM server may also be used in conjunction with the tools and methodologies to aid in the general management of a business. These tools or methods include, but are not limited to, a topographic map, a features grouping chart, a portfolio actions map, a core technologies map, a related markets map, a patent activity chart, a patent activity by company chart, a recent patent applications chart, a technology by company map, a patent citation tree, a nested patent citation tree, a product/patent/revenue table, document annotation, and a time remaining on patents table.
The IP AM server may also be used in conjunction with the tools and methodologies to aid in the merger and acquisition process. These tools or methods include, but are not limited to, a topographic map, a technology classification, an SIC classification, a radar diagram, a patent citation tree, a citation root tree, a citation count report, a citation frequency graph, a citation frequency report, a patent count/year, an application count/year, a patent aging graph, a U.S. primary class/subclass, an international patent class, an assignee patent count report by primary class/subclass, a patent count graph by number of patents, a top assignees primary class/subclass by percent of total, a months to issue patents, a features grouping, a document annotation, an inventor patent count/assignee, an inventor patent count graph, and an inventor data.
Further features and advantages ofthe invention, as well as the structure and operation of various embodiments ofthe invention, are described in detail below with reference to the accompanying drawings. The drawing in which an element first appears is typically indicated by the leftmost character(s) and/or digit(s) in the corresponding reference number.
BRIEF DESCRIPTION OF THE FIGURES
The present invention will be described with reference to the accompanying drawings, wherein:
FIG. 1 illustrates a flowchart relating to the licensing process according to an embodiment ofthe present invention;
FIG. 2 is an overview ofthe licensing tools ofthe present invention that map to each stage in the licensing process according to an embodiment of the present invention;
FIG. 3 illustrates the topographic map facilitating the portfolio review stage of the licensing process according to an embodiment of the present invention;
FIG.4 is a flowchart depicting how the IP AM server works in conjunction with the topographic map to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 5 illustrates the topographic map facilitating the negotiation stage of the licensing process according to an embodiment ofthe present invention;
FIG. 6 illustrates the topographic map facilitating the litigation stage of the licensing process according to an embodiment ofthe present invention;
FIG. 7 illustrates the features grouping facilitating the portfolio review stage of the licensing process according to an embodiment of the present invention; FIG. 8 is a flowchart depicting how the IP AM server works in conjunction with the features grouping to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 9 illustrates the features grouping facilitating the negotiation stage of the licensing process according to an embodiment of the present invention;
FIG. 10 illustrates the features grouping facilitating the litigation stage of the licensing process according to an embodiment ofthe present invention;
FIG. 11 illustrates the portfolio actions map facilitating the portfolio review stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 12 is a flowchart depicting how the IP AM server works in conjunction with the portfolio actions map to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 13 illustrates the technology classifications facilitating the portfolio review stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 14 is a flowchart depicting how the IP AM server works in conj unction with the technology classifications to aid in the portfolio review stage according to an embodiment ofthe present invention; FIG. 15 illustrates the technology classifications facilitating the negotiation stage of the licensing process according to an embodiment of the present invention;
FIG. 16 illustrates the technology classifications facilitating the litigation stage of the licensing process according to an embodiment of the present invention;
FIG. 17 illustrates the SIC classifications facilitating the portfolio review stage of the licensing process according to an embodiment of the present invention; FIG. 18 is a flowchart depicting how the IP AM server works in conjunction with the SIC classifications to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 19 illustrates the SIC classifications facilitating the negotiation stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 20 illustrates the SIC classifications facilitating the collection stage of the licensing process according to an embodiment of the present invention;
FIG.21 illustrates the patent count facilitating the assertion analysis stage ofthe licensing process according to an embodiment ofthe present invention; FIG. 22 is a flowchart depicting how the IP AM server works in conjunction with the patent count to aid in the assertion analysis stage according to an embodiment ofthe present invention;
FIG.23 illustrates the patent count per year facilitating the litigation stage ofthe licensing process according to an embodiment ofthe present invention; FIG. 24 illustrates the application count facilitating the assertion analysis stage of the licensing process according to an embodiment of the present invention;
FIG. 25 is a flowchart depicting how the IP AM server works in conjunction with the application count to aid in the assertion analysis stage according to an embodiment ofthe present invention;
FIG. 26 illustrates the application count per year facilitating the negotiation stage of the licensing process according to an embodiment of the present invention;
FIG. 27 illustrates the technology by company map facilitating the portfolio review stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 28 is a flowchart depicting how the IP AM server works in conjunction with the technology by company to aid in the portfolio review stage according to an embodiment ofthe present invention; FIG. 29 illustrates the technology by company map facilitating the assertion analysis stage ofthe licensing process according to an embodiment of the present invention;
FIG. 30 illustrates the technology by company map facilitating the litigation stage of the licensing process according to an embodiment of the present invention;
FIG. 31 illustrates the patent citation tree facilitating the portfolio review stage of the licensing process according to an embodiment of the present invention; FIG. 32 is a flowchart depicting how the IP AM server works in conjunction with the patent citation tree to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG.33 illustrates the patent citation tree facilitating the assertion analysis stage of the licensing process according to an embodiment of the present invention;
FIG.34 illustrates the patent citation tree facilitating the negotiation stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 35 illustrates the patent citation tree facilitating the litigation stage of the licensing process according to an embodiment ofthe present invention; FIG. 36 illustrates the nested patent citation tree facilitating the assertion analysis stage of the licensing process according to an embodiment ofthe present invention;
FIG. 37 is a flowchart depicting how the IP AM server works in conjunction with the nested patent citation tree to aid in the assertion analysis stage according to an embodiment ofthe present invention;
FIG. 38 illustrates the nested patent citation tree facilitating the negotiation analysis stage ofthe licensing process according to an embodiment ofthe present invention; FIG. 39 illustrates the product/patent/revenue table facilitating the portfolio review stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 40 is a flowchart depicting how the IP AM server works in conjunction with the product/patent/revenue table to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 41 illustrates the document annotation facilitating the portfolio review stage ofthe licensing process according to an embodiment ofthe present invention; FIG. 42 is a flowchart depicting how the IP AM server works in conjunction with the document annotation to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 43 illustrates the document annotation facilitating the assertion analysis stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 44 illustrates the document annotation facilitating the negotiation stage of the licensing process according to an embodiment of the present invention;
FIG.45 illustrates the document annotation facilitating the litigation stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 46 illustrates the inventors table facilitating the negotiation stage of the licensing process according to an embodiment ofthe present invention;
FIG. 47 is a flowchart depicting how the IP AM server works in conjunction with the inventors table to aid in the negotiation stage according to an embodiment ofthe present invention;
FIG.48 illustrates the inventors table facilitating the litigation stage ofthe licensing process according to an embodiment ofthe present invention;
FIG. 49 illustrates the months to issue patents facilitating the portfolio review stage ofthe licensing process according to an embodiment ofthe present invention; FIG. 50 is a flowchart depicting how the IP AM server works in conjunction with the months to issue patents to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 51 illustrates the months to issue patents facilitating the negotiation stage of the licensing process according to an embodiment of the present invention;
FIG. 52 illustrates the time remaining on patents facilitating the portfolio review stage ofthe licensing process according to an embodiment ofthe present invention; FIG. 53 is a flowchart depicting how the IP AM server works in conjunction with the time remaining on patents to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 54 illustrates the time remaining on patents facilitating the litigation stage of the licensing process according to an embodiment of the present invention;
FIG.55 illustrates the time remaining on patents facilitating the collection stage of the licensing process according to an embodiment of the present invention;
FIGs. 56-59 are exemplary screen shots of the IP AM server's user interface relating to the boolean and/or natural language search according to an embodiment ofthe present invention;
FIGs. 60-63 are exemplary screen shots of the IP AM server's user interface relating to searching patents by the same assignee according to an embodiment ofthe present invention; FIGs. 64-67 are exemplary screen shots ofthe user interface ofthe IP AM server to assist the user company in searches relating to inventors according to an embodiment ofthe present invention;
FIGs. 68-72 are exemplary screen shots ofthe user interface ofthe IP AM server to assist the user company in searches relating to backward citation according to an embodiment ofthe present invention; FIGs. 73-77 are exemplary screen shots ofthe user interface ofthe IP AM server to assist the user company in searches relating to forward citation according to an embodiment ofthe present invention;
FIGs. 78-90 are exemplary screen shots ofthe user interface ofthe IP AM server to assist the user company in searches relating to U.S. Patent
Classifications according to an embodiment ofthe present invention;
FIG. 91 illustrates a flowchart relating to the stages of a business according to an embodiment ofthe present invention;
FIG. 92 is an overview of the general management tools of the present invention that map to each stage of a business to aid in the general management of each according to an embodiment ofthe present invention;
FIG. 93 illustrates the topographic map facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. 94 is a flowchart depicting how the IP AM server works in conjunction with the topographic map to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 95 illustrates the features grouping facilitating the general management of the portfolio review stage of a business according to an embodiment ofthe present invention; FIG. 96 is a flowchart depicting how the IP AM server works in conjunction with the features grouping to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 97 illustrates the portfolio actions map facilitating the general management ofthe embryonic stage a business according to an embodiment of the present invention;
FIG. 98 is a flowchart depicting how the IP AM server works in conjunction with the portfolio actions map to aid in the embryonic stage according to an embodiment ofthe present invention; FIG. 99 illustrates the portfolio actions map facilitating the general management ofthe growth stage a business according to an embodiment ofthe present invention;
FIG. 100 illustrates the portfolio actions map facilitating the general management ofthe expansion stage a business according to an embodiment ofthe present invention;
FIG. 101 illustrates the portfolio actions map facilitating the general management ofthe mature stage a business according to an embodiment ofthe present invention; FIG. 102 illustrates the portfolio actions map facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. 103 illustrates the core technologies map facilitating the general management ofthe expansion stage of a business according to an embodiment of the present invention; FIG. 104 is a flowchart depicting how the IP AM server works in conjunction with the core technologies map to aid in the expansion stage according to an embodiment ofthe present invention;
FIG. 105 illustrates the core technologies map facilitating the general management ofthe mature stage of a business according to an embodiment ofthe present invention;
FIG. 106 illustrates the core technologies map facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. 107 illustrates the related markets map facilitating the general management ofthe expansion stage of a business according to an embodiment of the present invention;
FIG. 108 is a flowchart depicting how the IP AM server works in conjunction with the related markets map to aid in the expansion stage according to an embodiment ofthe present invention;
FIG. 109 illustrates the related markets map facilitating the general management ofthe mature stage of a business according to an embodiment ofthe present invention; FIG. 110 illustrates the related markets map facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. Il l illustrates the patent activity chart facilitating the general management ofthe embryonic stage a business according to an embodiment of the present invention;
FIG. 112 is a flowchart depicting how the IP AM server works in conjunction with the patent activity chart to aid in the embryonic stage according to an embodiment ofthe present invention;
FIG. 113 illustrates the patent activity chart facilitating the general management ofthe growth stage of a business according to an embodiment ofthe present invention;
FIG. 114 illustrates the patent activity by company chart facilitating the general management of the expansion stage a business according to an embodiment ofthe present invention; FIG. 115 is a flowchart depicting how the IP AM server works in conjunction with the patent activity by company chart to aid in the expansion stage according to an embodiment ofthe present invention;
FIG. 116 illustrates the patent activity by company chart facilitating the general management of the mature stage of a business according to an embodiment ofthe present invention;
FIG. 117 illustrates the recent patent applications chart facilitating the general management of the embryonic stage a business according to an embodiment ofthe present invention;
FIG. 118 illustrates the recent patent applications chart facilitating the general management of the growth stage of a business according to an embodiment ofthe present invention;
FIG. 119 illustrates the technology by company map facilitating the portfolio review stage according to an embodiment ofthe present invention; FIG. 120 is a flowchart depicting how the IP AM server works in conjunction with the technology by company map to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 121 illustrates the patent citation tree facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. 122 is a flowchart depicting how the IP AM server works in conjunction with the patent citation tree to aid in the portfolio review stage according to an embodiment ofthe present invention;
FIG. 123 illustrates the nested patent citation tree facilitating the general management ofthe embryonic stage a business according to an embodiment of the present invention;
FIG. 124 is a flowchart depicting how the IP AM server works in conjunction with the nested patent citation tree to aid in the embryonic stage according to an embodiment ofthe present invention; FIG. 125 illustrates the nested patent citation tree facilitating the general management ofthe growth stage a business according to an embodiment ofthe present invention;
FIG. 126 illustrates the nested patent citation tree facilitating the general management ofthe expansion stage a business according to an embodiment ofthe present invention;
FIG. 127 illustrates the product/patent/revenue table facilitating the general management of the embryonic stage a business according to an embodiment ofthe present invention;
FIG. 128 is a flowchart depicting how the IP AM server works in conjunction with the product/patent/revenue table to aid in the embryonic stage according to an embodiment ofthe present invention;
FIG. 129 illustrates the product/patent/revenue table facilitating the general management ofthe growth stage a business according to an embodiment of the present invention; FIG. 130 illustrates the product/patent/revenue table facilitating the general management of the expansion stage a business according to an embodiment ofthe present invention;
FIG. 131 illustrates the product/patent/revenue table facilitating the general management ofthe mature stage a business according to an embodiment ofthe present invention;
FIG. 132 illustrates the product/patent/revenue table facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. 133 illustrates the document annotation facilitating the general management ofthe embryonic stage a business according to an embodiment of the present invention;
FIG. 134 is a flowchart depicting how the IP AM server works in conjunction with the document annotation to aid in the embryonic stage according to an embodiment ofthe present invention; FIG. 135 illustrates the document annotation facilitating the general management ofthe growth stage a business according to an embodiment ofthe present invention;
FIG. 136 illustrates the document annotation facilitating the general management ofthe expansion stage a business according to an embodiment ofthe present invention;
FIG. 137 illustrates the document annotation facilitating the general management ofthe mature stage a business according to an embodiment ofthe present invention;
FIG. 138 illustrates the document annotation facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. 139 illustrates the time remaining on patents chart facilitating the general management of the embryonic stage a business according to an embodiment ofthe present invention;
FIG. 140 is a flowchart depicting how the IP AM server works in conjunction with the time remaining on patents chart to aid in the embryonic stage according to an embodiment ofthe present invention; FIG. 141 illustrates the time remaining on patents chart facilitating the general management ofthe growth stage a business according to an embodiment ofthe present invention;
FIG. 142 illustrates the time remaining on patents chart facilitating the general management of the expansion stage a business according to an embodiment ofthe present invention;
FIG. 143 illustrates the time remaining on patents chart facilitating the general management ofthe mature stage a business according to an embodiment ofthe present invention; FIG. 144 illustrates the time remaining on patents chart facilitating the portfolio review stage according to an embodiment ofthe present invention;
FIG. 145 is a flowchart depicting how the IP AM server works in conjunction with the recent patent applications chart to aid in the embryonic stage according to an embodiment ofthe present invention; FIG. 146 illustrates a flowchart relating to the stages ofthe merger and acquisition process according to an embodiment ofthe present invention;
FIG. 147 is an overview ofthe general management tools ofthe present invention that map to each stage in the merger and acquisition process according to an embodiment ofthe present invention; FIG. 148 illustrates the topographic map facilitating the identify targets and the evaluate/analyze stages according to an embodiment of the present invention;
FIG. 149 is a flowchart depicting how the IP AM server works in conjunction with the topographic map to aid in the identify targets and the evaluate/analyze stages according to an embodiment ofthe present invention;
FIG. 150 illustrates the topographic map facilitating the evaluate/analyze and the negotiation stages according to an embodiment ofthe present invention;
FIG. 151 illustrates the topographic map facilitating the evaluate/analyze and the negotiation stages according to an embodiment ofthe present invention; FIG. 152 illustrates the technology classification facilitating the identify targets and the evaluate/analyze stages according to an embodiment ofthe present invention;
FIG. 153 is a flowchart depicting how IP AM server works in conjunction with the technology classification to aid in the identify targets and the evaluate/analyze stages according to an embodiment ofthe present invention;
FIG. 154 illustrates the SIC classification facilitating the evaluate/analyze stage according to an embodiment ofthe present invention;
FIG. 155 is a flowchart depicting how IP AM server works in conjunction with the SIC classification to aid in the evaluate/analyze stage according to an embodiment ofthe present invention;
FIG. 156 illustrates the radar diagram facilitating the identify targets and the evaluate/analyze stages according to an embodiment ofthe present invention;
FIG. 157 is a flowchart depicting how the IP AM server works in conjunction with the radar diagram to aid in the identify targets and the evaluate/analyze stages according to an embodiment ofthe present invention;
FIG. 158 illustrates the patent citation tree facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention; FIG. 159 is a flowchart depicting how the IP AM server works in conjunction with the patent citation tree to aid in the evaluate/analyze, due diligence and negotiation stages according to an embodiment of the present invention;
FIG. 160 illustrates the patent citation tree facilitating the negotiation stage according to an embodiment ofthe present invention;
FIG. 161 illustrates the patent citation tree facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 162 illustrates the citation root tree facilitating the due diligence and negotiation stages according to an embodiment ofthe present invention; FIG. 163 is a flowchart depicting how the IP AM server works in conjunction with the citation root tree to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 164 illustrates the citation root tree facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 165 illustrates the citation count report facilitating the evaluate/analyze and due diligence stages according to an embodiment of the present invention; FIG. 166 is a flowchart depicting how the IPAM server works in conjunction with the citation count report to aid in the evaluate/analyze and due diligence stages according to an embodiment ofthe present invention;
FIG. 167 illustrates the citation frequency graph facilitating the evaluate/analyze and due diligence stages according to an embodiment of the present invention;
FIG. 168 is a flowchart depicting how the IPAM server works in conjunction with the citation frequency graph to aid in the evaluate/analyze and due diligence stages according to an embodiment ofthe present invention;
FIG. 169 illustrates the citation frequency graph (backward or forward by assignee) facilitating the evaluate/analyze and due diligence stages according to an embodiment ofthe present invention;
FIG. 170 is an exemplary screen shot of a report produced by the IPAM server to assist the user company in searches relating to patent velocity in U.S. Patent Classifications according to an embodiment ofthe present invention; FIG. 171 illustrates the citation frequency report facilitating the evaluate/analyze and due diligence stages according to an embodiment of the present invention;
FIG. 172 is a flowchart depicting how the IPAM server works in conjunction with the citation frequency report to aid in the evaluate/analyze and due diligence stages according to an embodiment ofthe present invention; FIG. 173 illustrates the citation frequency report (by assignee) facilitating the evaluate/analyze and due diligence stages according to an embodiment ofthe present invention;
FIG. 174 illustrates the patent count/year facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 175 is a flowchart depicting how the IPAM server works in conjunction with the patent count/year to aid in the evaluate/analyze, due diligence and negotiation stages according to an embodiment of the present invention;
FIG. 176 illustrates the patent count/year facilitating the evaluate/analyze and the due diligence stages according to an embodiment ofthe present invention;
FIG. 177 illustrates the patent count/y.ear facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 178 illustrates the patent application count/year facilitating the due diligence and negotiation stages according to an embodiment of the present invention;
FIG. 179 is a flowchart depicting how the IPAM server works in conjunction with the patent application count/year to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 180 illustrates the patent aging graph facilitating the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 181 is a flowchart depicting how the IPAM server works in conjunction with the patent aging graph to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 182 illustrates the patent aging graph facilitating the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 183 illustrates the U.S. primary class/subclass facilitating the evaluate/analyze and due diligence stages according to an embodiment of the present invention; FIG. 184 is a flowchart depicting how the IPAM server works in conjunction with the U.S. primary class/subclass to aid in the evaluate/analyze and due diligence stages according to an embodiment ofthe present invention;
FIG. 185 illustrates the international patent class facilitating the evaluate/analyze and due diligence stages according to an embodiment of the present invention;
FIG. 186 is a flowchart depicting how the IPAM server works in conjunction with the international patent class to aid in the evaluate/analyze and due diligence stages according to an embodiment ofthe present invention; FIG. 187 illustrates, the assignee patent count report by primary class/subclass facilitating the evaluate/analyze and negotiation stages according to an embodiment ofthe present invention;
FIG. 188 is a flowchart depicting how the IPAM server works in conjunction with the assignee patent count report by primary class/subclass to aid in the evaluate/analyze and negotiation stages according to an embodiment ofthe present invention;
FIG. 189 illustrates the assignee patent count report by primary class/subclass facilitating the evaluate/analyze and negotiation stages according to an embodiment ofthe present invention; FIG. 190 illustrates the assignee patent count report by primary class/subclass facilitating the evaluate/analyze stage according to an embodiment ofthe present invention;
FIG. 191 illustrates the patent count graph by number of patents facilitating the evaluate/analyze stage according to an embodiment of the present invention;
FIG. 192 is a flowchart depicting how the IPAM server works in conjunction with the patent count graph by number of patents to aid in the evaluate/analyze stage according to an embodiment ofthe present invention;
FIG. 193 illustrates the top assignees primary class/subclass by percent of total facilitating the evaluate/analyze stage according to an embodiment of the present invention; FIG. 194 is a flowchart depicting how the IPAM server works in conjunction with the top assignees primary class/subclass by percent of total to aid in the evaluate/analyze stage according to an embodiment of the present invention; FIG. 195 illustrates the top assignees primary class/subclass by percent of total facilitating the evaluate/analyze stage according to an embodiment ofthe present invention;
FIG. 196 illustrates the months to issue patents facilitating the due diligence and negotiation stages according to an embodiment of the present invention;
FIG. 197 is a flowchart depicting how the IPAM server works in conjunction with the months to issue patents to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 198 illustrates the features grouping facilitating the due diligence and negotiation stages according to an embodiment of the present invention;
FIG. 199 is a flowchart depicting how the IPAM server works in conjunction with the features grouping to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 200 illustrates the document annotation facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 201 is a flowchart depicting how the IPAM server works in conjunction with the document annotation to aid in the evaluate/analyze, due diligence and negotiation stages according to an embodiment of the present invention;
FIG. 202 illustrates the inventor patent count/assignee facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 203 is a flowchart depicting how the IPAM server works in conj unction with the inventor patent count/assignee to aid in the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 204 illustrates the inventor patent count/assignee facilitating the evaluate/analyze, due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 205 illustrates the inventor patent count graph facilitating the due diligence and negotiation stages according to an embodiment of the present invention;
FIG. 206 is a flowchart depicting how the IPAM server works in conjunction with the inventor patent count graph to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 207 illustrates the inventor data facilitating the due diligence and negotiation stages according to an embodiment ofthe present invention;
FIG. 208 is a flowchart depicting how the IPAM server works in conjunction with the inventor data to aid in the due diligence and negotiation stages according to an embodiment ofthe present invention; and
FIG. 209 illustrates the topographic map facilitating the identify targets, evaluate/analyze and negotiation stages according to an embodiment of the present invention.
DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS
The present invention is related to patent-related tools, and methodologies involving those tools, for assisting in all stages ofthe licensing process, in the general management of a business, and in the merger and acquisition process. FIGS. 1-209 illustrate features of embodiments of the present invention. Understanding of other methodologies represented in FIGS . 1 -209 (and variations and extensions thereof) will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein, and the teachings contained in the patents and pending U.S. applications cited above. The present invention provides patent-related tools and methodologies for the licensing process, in the general management of a business, and in the merger and acquisition process. This may be accomplished through an Intellectual Property Asset Management (IPAM) server. The functionality ofthe present invention that is described herein as being performed by the IPAM server, is not limited to being performed by the IPAM server. For example, tools such as Excel spreadsheets, the IBM patent server, the USPTO public server, and Manning and Napier's search tools can all be used to perform some or most ofthe steps of the described methodologies. It is important to note that the exact platform used to perform the methodologies herein is not critical.
The IPAM server may be used in conjunction with the tools to aid in the licensing process, in the general management of a business, and in the merger and acquisition process. For convenience, the IPAM server will briefly be discussed herein, although the invention is not limited to this brief description. Briefly stated, the IPAM server deals with context data processing. The
IPAM server may be used to define and select one or more contexts. Each context includes one or more attributes, and a plurality of data objects that satisfy the attributes. A list of data objects contained in the selected contexts may be displayed. At least some of the data objects in the selected contexts may be processed. Such processing may involve generating hierarchical and/or directed acyclic graph data structures to represent relationships among the data objects. These data structures can then be displayed in a variety of well-known techniques including but not limited to hyperbolic trees. Examples of such hierarchical or directed acyclic graph structures include claim trees, citation trees, and data object families, which may be displayed using hyperbolic trees.
In an embodiment, the contexts are groups. In another embodiment, the contexts are each associated with a data object type. In this latter embodiment, the contexts include data objects of their respective data object types.
The IPAM server also supports the generation of annotations. The IPAM server supports a plurality of annotation types, including document annotations, group annotations, data object type annotations, case annotations, and enterprise annotations. The IPAM server also supports form-based annotations.
In an embodiment, the IPAM server has a plug-in manager coupled thereto. Also included may be at least one plug-in coupled to the plug-in manager, and at least one external data processing component coupled to the plug-in. In an embodiment, the external data processing component displays data using at least graphs. In another embodiment, the external data processing component displays data using at least maps. The plug-in manager has a first application programming interface (API), and each external data processing component has a second API. The plug-in translates messages from the plug-in manager to the external data processing component to a format conforming to the second API, and translates messages from the external data processing component to the plug-in manager to a format conforming to the first API.
Embodiments of the IPAM server can process, display, and otherwise operate with patent equivalent text files (EQ V) (or other types of files or data) to aid in R&D, although the invention is not limited to this embodiment. Patent equivalent text files are described in U.S. Patent No. 5,623,681, which is herein incorporated by reference in its entirety. A patent equivalent text file includes equivalency information that establishes an equivalency relationship between the text in the patent equivalent text file and the image in the patent image file. For example, this equivalency information may include pagination information that enables the patent equivalent text file to be displayed having the same pagination (line breaks, column breaks, page breaks) as the patent image file. In an embodiment, a pagination module generates the patent equivalent text file by comparing the patent text in the patent text file with the patent image file to detect equivalency information. This equivalency information is then embedded in the patent equivalent text file, along with the patent text. While the pagination module is capable of performing the pagination operation automatically, in some cases some manual intervention is required. In accordance, an operator is sometimes involved with the pagination process performed by the pagination module.
In the present invention, the IPAM server may be used in conjunction with the tools and methodology to aid in the licensing process. FIG. 2 is an example overview of the tools that map to each stage in the licensing process
(FIG. 1). The mapping provided in FIG. 2 is presented for illustration purposes only. Other uses and applications ofthe invention will be apparent based on the teachings contained herein. These tools or methods include (when they are incorporated with IPAM server), but are not limited to, a topographic map 202, a features grouping chart 204, a portfolio actions map 206, a technology classification 208, a Standard Industrial Codes (SIC) classification 210, a patent count per year chart 212, an application count per year chart 214, a technology by company map 216, a patent citation tree 218, a nested patent citation tree 220, a product/patent/revenue table 222, document annotation 224, an inventor table 226, a months to issue patents table 228, and a time remaining on patents table 230.
The following describes each tool or method and how it may be combined with the IPAM server to aid in the licensing process of a patent. As each of these tools or methods are described below, an exemplary graphical presentation is used. It should be noted that the particular exemplary graphical presentation used is for convenience purposes only and the invention is not limited to that particular graphical presentation. For example, a bar chart can be also implemented as a pie chart, radar or spider charts, two or three dimensional graphs, etc., and vice versa.
The same tool may be used in different ways to facilitate different stages in the licensing process. For example, the topographic map 202 (in conjunction with the IPAM server) is Tool 1 in the portfolio review stage 102, Tool 18 in the assertion analysis 104, and Tool 28 in the litigation stage. Other uses of tools will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein. The licensing process of will be described next, followed by the general management of a business, and finally the merger and acquisition process
LICENSING
I. IPAM Server and the Topographic Map
A. The Portfolio Review Stage
Referring to FIG. 2, the IPAM server incorporates the topographic map
202 to facilitate the portfolio review stage 102 (as Tool 1), the negotiation stage 106 (as Tool 18), and the litigation stage 108 (as Tool 28). How the IPAM server and topographic maps are incorporated together to produce contour maps is described in detail in the commonly owned patent application, Intellectual Property Asset Manager (IPAM) for Context Processing of Data Objects, invented by Rivette et al, Appl. No. 09/260,079, filed: March 2, 1999, now pending (incorporated by reference in its entirety). The IPAM server and the topographic map 202 are used in a slightly different way to facilitate each of these stages. FIG. 3 illustrates the topographic map 202 facilitating the portfolio review stage 102 as Tool 1 , entitled "Topographic Map." As stated above, in the portfolio review stage 102, each patent in the company's portfolio is reviewed.
In FIG. 3, the topographic map 202 as Tool 1 is shown. The purpose of
Tool 1 in the portfolio review stage 102 is to show the dominance of a company's portfolio and to identify whether to posture the licensing department to approach infringers with a "targeted assertion" (e.g., specific patent claim-Genentech/BTG approach) or "there has to be a problem in here somewhere" (e.g., dominant portfolio-Lucent/IBM approach) capability. How the IPAM server works in conjunction with the topographic map 202 to aid in the portfolio review stage 102 is described with reference to FIG. 4. In FIG. 4, a flowchart 400 begins at step 402. In step 402, in an embodiment ofthe present invention a user performs a search on U.S. patents to identify products, uses and technologies covered in the company's patent portfolio. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents (this is also true for all ofthe searches discussed herein). Here, the search performed is typically, but is not limited to, a boolean and/or natural language search on the product, use and/or technology to produce a group of patents that identify products, uses and/or technologies covered in the company's patent portfolio. For illustration, FIGs. 56-59 each show an exemplary screen shot of the IPAM server's user interface relating to the boolean and/or natural language search described herein. (Note that FIGs. 56-59 may also be used with the business management and merger and acquisition features ofthe present invention). The present invention is not limited to these exemplary screen shots. Control then passes to step 404. In step 404, the IPAM server (or, for example, the Cartia Themescape server or some other applicable tool) is used to produce a topographic map 202 having a map with contours and labels indicating areas related to the products, uses and/or technologies searched in step 402. Here, the group of patents produced in step 402 is further divided into subgroups, with each subgroup relating to a different product, use and/or technology. Typically, this is done by the user selecting a topographic map function on the computer screen. The topographic map 202 produced by Tool 1 (FIG. 3) shows the pattern of subjects of all of the patents produced in step 402 (e.g., shows products, uses and/or technologies covered by the company's patent portfolio). Labels on the topographic map 202 indicate the products, uses and/or technologies, and the contours indicate how many U.S. patents exist for each subgroup area. The topographic map 202 shows areas people are focusing on. Control then passes to step 406.
In step 406, the user company studies the topographic map 202 produced by Tool 1 and determines whether the exact area of the product, use and/or technology is included in the topographic map 202. If the outcome to step 406 is positive, then control passes to step 410. Alternatively, control passes to step 408.
In step 408, an area related to the product, use and/or technology was not included in the topographic map 202. Here, the user can determine if another area that is shown in the topographic map 202 is worth further exploration. Control then passes to step 410.
In step 410, the user selects the contour (or label) of interest in the topographic map 202. This is typically done by the user "Aclicking" on the contour of interest. Control then passes to step 412.
In step 412, the IPAM server processes the subgroup of U.S. patents that are included in the contour of interest indicated by the user in step 410. Again, topographic map 202 is displayed with contours, but this time the topographic map 202 is more specific to exactly the user's contour (or area) of interest. Now, the topographic map 202 shows the different types of products, uses and/or technologies that are in the contour of interest. At this point, the user may use the IPAM server as described in detail in the applications and patents referenced above in the section entitled ACross-Reference to Other Patents and "Applications." Here, flowchart 400 ends.
B. The Negotiation Stage
The topographic map 202, in conjunction with the IPAM server, is also useful in the negotiation stage 106 ofthe licensing process. This is shown in FIG. 5 as Tool 18, and is entitled "Topographic Map." The purpose of Tool 18 is to show the other company, during negotiation, the breadth of a large portfolio so the other company is likely to take a license rather than to incur the expense of looking through the entire estate as a prelude to litigation. During a friendly negotiation, the present invention can show how the patented art under negotiation is in the "white space" or "in a distinctive area." This helps to aid in understanding the environment around the patented art and therefore the value of the patent under discussion.
In another embodiment of the present invention, a map produced by
Cartia's ThemeScape creates conceptual visualizations of similar technologies and markets to aid in the negotiation stage 106. Here, the x-y plane shows related concepts in relative proximity. In the z-axis, forming mountains and valleys, is the frequency of concepts represented in the patent group.
How the IPAM server works in conj unction with the topographic map 202 to aid in the negotiation stage 106 is similar to how it works in the portfolio review stage 102 with reference to FIG. 4 above (Tool 1).
C. The Litigation Stage
The topographic map 202, in conjunction with the IPAM server, is also useful in the litigation stage 108 ofthe licensing process. This is shown in FIG. 6 as Tool 28, and is entitled "Topographic Map." The purpose of Tool 28 is to show the other company, during litigation, the breadth of a large portfolio so the other company is likely to take a license rather than to continue the expense of litigation. When using a time-slices feature, the judge of an active litigation can be shown how the defendant (the accused patent infringer) followed the plaintiff into technology and market areas, thus aiding in showing the case for treble damages.
In another embodiment of the present invention, a map produced by Cartia's ThemeScape creates conceptual visualizations of similar technologies and markets to aid in the litigation stage 108. Here, the x-y plane shows related concepts in relative proximity. In the z-axis, forming mountains and valleys, is the frequency of concepts represented in the patent group.
How the IPAM server works in conj unction with the topographic map 202 to aid in the litigation stage 108 is similar to how it works in the portfolio review stage 102 with reference to FIG. 4 above (Tool 1). II. IPAM Server and Features Grouping
Referring to FIG. 2, the IPAM server works in conjunction with the features grouping chart 204 to facilitate the portfolio review stage 102 (as Tool 2), the negotiation stage 106 (as Tool 19) and the litigation stage 108 (as Tool 29) in the licensing process.
A. The Portfolio Review Stage
The features grouping chart 204, in conjunction with the IPAM server, is useful in the portfolio review stage 102 ofthe licensing process. This is shown in FIG. 7 as Tool 2 and is called "Features Grouping." The purpose of Tool 2 is to highlight the likelihood that other products and services are using the user company's patents. The products in question can quickly be passed along for further assertion analysis before approaching a potential infringer. High level trends can be seen in the features grouping chart 204 showing a tendency of a company to be possibly infringing another's patents on a broad (many patents) or narrow (few patents) scale. In addition, the features grouping chart 204 can be viewed feature-by-feature to reveal the competitive alternatives and how many products have properties that are closest to those claims ofthe patents owned by the user company. How the IPAM server works in conjunction with the features grouping chart 204 to aid in the licensing process as Tool 2 is described with reference to FIG. 8.
In FIG. 8, a flowchart 800 begins at step 802. In step 802, in an embodiment ofthe present invention a user performs a search on the groups of patents, product sheets, marketing literature, sales brochures, covering the company's own products and competitor's products and/or product attributes analyzed by reverse engineering the company's own products and competitor's products. The present invention is not limited to doing the search on this, but may include other available documents and/or attributes. Here, the search performed is typically a boolean and/or natural language search on product attributes which are sorted and grouped to create interactive maps of patented products and/or service features. Control passes to step 804.
In step 804, the IPAM server is used in conjunction with the features grouping chart 204 to create an interactive chart showing groupings of product and/or service features.
In step 805, the user selects the contour (or label) of interest in the feature
- grouping chart 204. This is typically done by the user dragging the cursor over the data of interest and "clicking" on the data set so selected. Control then passes to step 805. In step 805, a group of data of interest is selected. In step 806, this selected group is processed by the IPAM server.
B. The Negotiation Stage
The features grouping chart 204, in conjunction with the IPAM server, is useful in the negotiation stage 106 ofthe licensing process. This is shown in FIG. 9 as Tool 19 and is called "Features Grouping." The purpose of Tool 19 is to highlight the fact that another company's products or services are using the user company's patents. This aids in the quick settlement of an infringement presumption and furthers licensing negotiation. The features grouping chart 204 created by Tool 19 also shows high level trends showing a tendency ofthe other company to be infringing the user company's patents on a broad (many patents) or narrow (few patents) scale. This aids in coming to a quick settlement between the two companies. In addition, the features grouping chart 204 can be viewed feature-by-feature to show the other company how their products contain the feature sets covered by the user company's patents, and thus may possibly infringe the user company's patents. This aids in the negotiation ofthe licensing of one or more ofthe company's patents.
How the IPAM server works in conjunction with the features grouping chart 204 to aid in the negotiation stage 106 is similar to how it works in the portfolio review stage 102, as described above with reference to FIG. 8 above (Tool 2).
C. The Litigation Stage
The features grouping chart 204, in conjunction with the IPAM server, is useful in the litigation stage 108 ofthe licensing process. This is shown in FIG.
10 as Tool 29 and is called "Features Grouping." The purpose of Tool 29 is to highlight for the judge, during litigation, the fact that the other company's. products or services are using the company's patents. This aids in the quick settlement of an infringement presumption. The features grouping chart 204 also shows high level trends showing a tendency ofthe other company to be infringing the company's patents on a broad (many patents) or narrow (few patents) scale.
This aids in coming to a quick settlement between the two companies of a litigation matter. In addition, the features grouping chart 204 can be viewed feature-by-feature to show the judge how the other party's products contain feature sets covered by the company's patents.
How the IPAM server works in conjunction with the features grouping chart 204 to aid in the litigation stage 108 is similar to how it works in the portfolio review stage 102, with reference to FIG. 8 above (Tool 2).
III. IPAM Server and Portfolio Actions Map
Referring to FIG. 2, the IPAM server works in conjunction with the portfolio actions map 206 to facilitate the portfolio review stage 102 (as Tool 3). The portfolio actions map 206, in conjunction with the IPAM server, is useful in the portfolio review stage 102 ofthe licensing process. This is shown in FIG. 11 as Tool 3 and is called "Portfolio Action Map." In general, the portfolio actions map 206 shows a decision model for the user company's patent portfolio. The purpose of Tool 3 is to allow a small team of people in the company to immediately assign patents to a specific course of action. Tool 3 allows the team to make these assignments in a fraction ofthe time it would take using traditional means, namely analyzing the paper versions ofthe patents by a few individuals.
How the IPAM server works in conjunction with the portfolio actions map 206 to aid in the licensing process as Tool 3 is described with reference to FIG. 12.
In FIG. 12, a flowchart 1200 begins at step 1202. In step 1202, in an embodiment ofthe present invention a user performs a search on the company's patents. Control passes to step 1204.
In step 1204, the patents in the resulting group from step 1202 are further divided into subgroups by which type of business the patent pertains to. Control then passes to step 1206.
In step 1206, each subgroup of patents from step 1204 is further divided into subgroups by business unit and/or corporate direction. At this point, the
IPAM server is used in conjunction with the portfolio actions map 206 to create a chart assigning each company patent to a specific course of action. Flowchart
1200 ends at this point.
IV. IPAM Server and Technology Classification
Referring to FIG. 2, the IPAM server works in conjunction with the technology classification 208 to facilitate the portfolio review stage 102 (as Tool 4), the negotiation stage 106 (as Tool 20), and the litigation stage (as Tool 30).
In general, the technology classification 208 indicates what technologies are in a patent portfolio.
A. The Portfolio Review Stage
FIG. 13 illustrates the technology classification 208 facilitating the portfolio review stage 102 as Tool 4, entitled "Technology Classification." The purpose of Tool 4 in the portfolio review stage 102 provide the user or company with a visual indiction of their core technologies, indicating which technologies are well-covered and which technologies are sparsely-covered. Comparing the technology classification 208 to the strategic intent of the company identifies technologies that the research and development department may choose to focus upon to make them more robust. Also, the technology classification 208 tells the company which patents or technologies to license out because they are not strategic to the company. How the IPAM server works in conjunction with the technology classification 212 to aid in the portfolio review stage 102 is described with reference to FIG. 14. In FIG. 14, a flowchart 1400 begins at step 1402. In step 1402, in an embodiment ofthe present invention a user performs a search on the group of all company patents. Here, because the user is just pointing at a broad field, the abstract of each patent is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents.
Control passes to step 1404.
In step 1404, the IPAM server takes the group of patents produced in step 1402 and further divides it into subgroups, with each subgroup having the same technology classification. When the search in step 1402 is on the group of U.S. patents, the classification used is the U. S . Patent Classification designated by the
U.S. Patent and Trademark Office. In a similar manner, if the search in step 1402 is on the group of International patents, then the classification used would be the IPC classification. The IPAM server may store the U.S. Patent Classification (or IPC classification) a meta-data field that will also need to be searched to determine the technology classification, but is not limited to this. Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to U.S. Patent Classifications are shown in FIGs. 78-90. (Note that FIGs. 78-90 may also be used with the business management and merger and acquisition features ofthe present invention). The present invention is not limited to these exemplary user interfaces. Control then passes to step 1406. In step 1406, the IPAM server is used in conjunction with a technology classification 208 to create a graphical representation of similar technologies. Typically, this is done by the user selecting a technology classification function on the computer screen. The technology classification 208 produced by Tool 4
(FIG. 13) shows the diverse technologies (via U.S. Patent Classifications) that the company's patents cover. The graphical representation in FIG. 13 is a pie chart, which was created using Excel, but is not limited to Excel. In fact, the present invention is not limited to using a pie chart, but could also use radar or spider charts, two or three dimensional graphs, etc.
Referring to FIG. 13, the U.S. Patent Classification 395 represents the most common type of technology that is covered by the company's patents. Therefore, the technology included in U.S. Patent Classification 395 is well- covered by the company's patents. In contrast, the technology included in U.S. Patent Classification 369 is sparsely-covered by the company's patents.
B. The Negotiation Stage
FIG. 15 illustrates the technology classification 208 facilitating the negotiation stage 106 as Tool 20, entitled "Technology Classification." The purpose of Tool 20 in the negotiation stage 106 is to show what technologies are in the other company's patent portfolio. This gives the other company a visual indication of their core technologies, and how taking a license to the user company's patents will improve the scope of their coverage. When negotiations are unfriendly, Tool 20 can be used to show the scope of the user company's patents in particular technology areas, implying the commitment the user " company has to enforcing its rights in these areas. How the IPAM server works in conjunction with the technology classification 212 to aid in the negotiation stage 106 is similar to how it is done in the portfolio review stage 102, as described above with reference to FIG. 14. C. The Litigation Stage
FIG. 16 illustrates the technology classification 208 facilitating the litigation stage 108 as Tool 30, entitled "Technology Classification." The purpose of Tool 30 in the litigation stage 108 is show what technologies are in the user company's (or licensing company's) patent portfolio. This gives the other company a visual indication of their core technologies, and how taking a license to the user company's patents will improve the scope of their coverage. When negotiations are unfriendly, Tool 30 can be used to show the scope of the user company's patents in particular technology areas, implying the commitment the user company has to enforcing its rights in these areas. How the IPAM server works in conjunction with the technology classification 212 to aid in the litigation stage 108 is similar to how it is done in the portfolio review stage 102, as described above with reference to FIG. 14.
V. IPAM Server and Standard Industrial Codes (SIC) Classification
Referring to FIG. 2, the IPAM server works in conjunction with the SIC classification 210 to facilitate the portfolio review stage 102 (as Tool 5), the negotiation stage 106 (as Tool 21), and the collection stage (as Tool 37). In general, the SIC classification 210 indicates what markets may be covered by a patent portfolio.
A. The Portfolio Review Stage
FIG. 17 illustrates the SIC classification 210 facilitating the portfolio review stage 102 as Tool 5, entitled "SIC Classification." The purpose of Tool
5 in the portfolio review stage 102 is to inform the user company what markets
(or industries) are currently and potentially interested in the company's patent portfolio. In addition, Tool 5 identifies the scope and magnitude of potential infringers and licensees ofthe user company's patents. The Tools described in this section (Section V) can easily be modified to allow the user to define the industry by companies by plotting the U.S. patent classification for that industry (e.g., SIC classification). How the IPAM server works in conjunction with the SIC classification 210 to aid in the portfolio review stage 102 is described with reference to FIG. 18.
In FIG. 18, a flowchart 1800 begins at step 1802. In step 1802, in an embodiment ofthe present invention a user performs a search on the group of all patents and/or applications owned by the user company and/or of interest to the user company. Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 1804. In step 1804, the IPAM server takes the group of patents produced in step
1802 and further divides it into subgroups, with each subgroup having the same technology classification. When the search in step 1802 is on U.S. patents, the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office. In a similar manner, if the search in step 2102 is on the International patents and applications, then the classification used would be the
IPC classification. The IPAM server may store the U.S. Patent Classification and IPC classification each as a meta-data field that will also need to be searched to determine the technology classification, but is not limited to this. Control then passes to step 1806. In step 1806, each U.S. and IPC classification determined by step 1804 is mapped (e.g., via a look-up table in excel) to its related SIC classification. Control then passes to step 1808.
In step 1808, the excel software server is used in conjunction with a SIC classification 210 to create a graphical representation of similar industrial markets . Typically, this is done by the user selecting a SIC classification function on the computer screen. The SIC classification 210 produced by Tool 5 (FIG. 17) shows the diverse markets (via SIC Classifications) that apply to the user company's patents. The graphical representation in FIG. 17 is a pie chart. The present invention is not limited to using a pie chart. Referring to FIG. 17, the SIC classification 210 represents the most common market or industry that the patents are is related to. SIC classification codes are provided by the U.S. Department of Commerce.
B . The Negotiation Stage
FIG. 19 illustrates the SIC classification 210 facilitating the negotiation stage 106 as Tool 21, entitled "SIC Classifications." The purpose of Tool 21 in the negotiation stage 106 is to inform the user company what markets (or industries) are currently and potentially interested in the company's patent portfolio. In addition, Tool 21 identifies specific companies to approach for licensing the user company's patents. How the IPAM server works in conjunction with the SIC classification 210 to aid in the negotiation stage 106 is similar to the portfolio review stage 102, as described above with reference to FIG. 18.
C. The Collection Stage
FIG. 20 illustrates the SIC classification 210 facilitating the collection stage 110 as Tool 37, entitled "SIC Classifications." The purpose of Tool 37 in the collection stage 110 is identify the changing market size (i.e., revenue streams) associated with the licensed technology. Tool 37 shows the size ofthe markets and when Tool 37 is utilized each quarter/year, the change in size indicates the possibility of a change in licensing revenues due the user company. How the IPAM server works in conj unction with the SIC classification 210 to aid in the collection stage 110 is similar to the portfolio review stage 102, as described above with reference to FIG. 18. One exception is that the size ofthe pie chart created by Tool 37 is created by the market size of the companies reported in each SIC code rather than the number of patents/references.
VI. IPAM Server and Patent Count Per Year
Referring to FIG. 2, the IPAM server works in conjunction with the patent count per year 212 to facilitate the assertion analysis stage 104 (as Tool 12) and the litigation stage 108 (as Tool 31). In general, the patent count per year 212 illustrates how fast product/use technology is changing.
A. The Assertion Analysis Stage
FIG.21 illustrates the count per year 212 facilitating the assertion analysis stage 104 as Tool 12, entitled "Patent Count." (Note that Tool 12 is not concerned with any particular year). The purpose of Tool 12 in the assertion analysis stage 104 is to identify companies whose products should be scrutinized by data sheet and reverse engineering analysis for possible infringement ofthe user company's patents. Tool 12 identifies who has technology and therefore is likely to have existing or older products in the same area as the user company.
How the IPAM server works in conjunction with the patent count per year 212 to aid in the assertion analysis stage 104 is described with reference to FIG. 22.
In FIG. 22, a flowchart 2200 begins at step 2202. In step 2202, in an embodiment of the present invention a user performs a search on the group of U.S. patents, foreign patents, and/or international patents. Here, because the user is just pointing at a broad field, the abstract of each patent is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 2204. In step 2204, the group of patents that results from step 2202 is further divided into subgroups by assignee/company. Exemplary screen shots ofthe user interface relating to searching patents by the same assignee are shown in FIGs. 60-63. (Note that FIGs.60-63 may also be used with the business management and merger and acquisition features of the present invention). The present invention is not limited to these exemplary user interfaces. Control then passes to step 2206.
In step 2206, the IPAM server is used in conjunction with patent count per year 212 to create a chart that indicates the top assignees/companies in a related area to the product, use and/or technology searched in step 2202. Here, the group of patents produced in step 2202 may be further divided into subgroups, with each subgroup having patents that were issued in the same year and relate to the idea (does not apply to the exemplary chart shown in FIG. 21). Note that if year is not applicable to the desired chart to be produced, then this step is eliminated. Typically, step 2204 is initiated by the user selecting a patent count per year function on the computer screen. At this point flowchart 2200 ends.
B. The Litigation Stage
FIG. 23 illustrates the count per year 212 facilitating the litigation stage 108 as Tool 31, entitled "Patent Count/Year." The purpose of Tool 31 in the litigation stage 108 is to identify companies who had the competence to knowingly commercialize infringing products and thus may be liable for treble damages. Tool 31 also identifies who has continuously developed the technology. How the IPAM server works in conjunction with the patent count per year 212 to aid in the litigation stage 108 is similar to the assertion analysis stage 104, as described above with reference to FIG. 22. One exception is that the graphic produced is created from not only idea/data, but also the year the patent was filed.
VII. IPAM Server and Application Count Per Year Ref erring to FIG. 2, the IPAM server works in conjunction with the application count per year 214 to facilitate the assertion analysis stage 104 (as Tool 13) and the negotiation stage 106 (as Tool 22). In general, the application count per year 214 illustrates what other companies are active in the project area.
A. The Assertion Analysis Stage
FIG. 24 illustrates the application count per year 214 facilitating the assertion analysis stage 104 as Tool 13, entitled "Application Count." (Note that Tool 13 is not concerned with any particular year). The purpose of Tool 13 in the assertion analysis stage 104 is to identify companies whose new and recently announced products should be scrutinized by data sheet and reverse engineering analysis for possible infringement of the user company's patents. Tool 13 identifies who has filed applications for each technology and therefore is likely to have new or about-to-be-launched products in the same area as the user company. How the IPAM server works in conjunction with the application count per year 214 to aid in the assertion analysis stage 104 is described with reference to FIG. 25.
In FIG. 25, a flowchart 2500 begins at step 2502. In step 2502, in an embodiment of the present invention a user performs a search on the group of published patent applications, but is not limited to this. Here, because the user is just pointing at a broad field, the abstract of each patent is typically the section that is searched, but again is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of published applications. Control passes to step 2504.
In step 2504, the group of published applications that results from step 2502 is further divided into subgroups by assignee/company. Control thenpasses to step 2506.
In step 2506, the IPAM server is used in conjunction with application count per year 214 to create a chart that indicates the top assignees/companies in a related area to the product, use and/or technology searched in step 2502. Here, the group of patents produced in step 2502 may be further divided into subgroups, with each subgroup having published applications filed in the same year and relate to the idea (does not apply to the exemplary chart shown in FIG.24). Note that if year is not applicable to the desired chart to be produced, then this step is eliminated. Typically, step 2504 is initiated by the user selecting an application count per year function on the computer screen. At this point flowchart 2500 ends.
B. The Negotiation Stage
FIG. 26 illustrates the application count per year 214 facilitating the negotiation stage 106 as Tool 22, entitled "Application Count/Year." The purpose of Tool 22 in the negotiation stage 106 is to identify companies whose possible interest in the technology area will be set-back by another company taking a license from the user company (licensing company). Tool 22 also identifies who has filed applications for each technology and therefore is likely to have new or about-to-be-launched products in the same area as the user company. How the IPAM server works in conjunction with the application count per year 214 to aid in the negotiation stage 106 is similar to the assertion analysis stage 104, as described above with reference to FIG. 25. One exception is that the graphic produced is created from not only the idea/data, but also the year the application was filed. VIII. IPAM Server and Technology by Company Map
Referring to FIG. 2, the IPAM server works in conjunction with the technology by company map 216 to facilitate the portfolio review stage 102 (as Tool 6), the assertion analysis stage 104 (as Tool 14), and the litigation stage (as Tool 32).
A. The Portfolio review stage
FIG. 27 illustrates the technology by company map 216 facilitating the portfolio review stage 102 as Tool 6, entitled "Technology by Company Map." The purpose of Tool 6 in the portfolio review stage 102 is to identify, for the portfolio team, if there is a single company, a few companies, or many companies that would may be likely license candidates for each area ofthe user company's portfolio. In addition, the graph created by Tool 6 shows which patent classifications (technical areas) have been pursued by what companies. How the IPAM server works in conjunction with the technology by company map 216 to aid in the portfolio review stage 102 is described with reference to FIG. 28.
In FIG. 28, a flowchart 2800 begins at step 2802. In step 2802, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 2804. In step 2804, the IPAM server takes the group of patents produced in step
2802 and further divides it into subgroups, with each subgroup having the same patent classification. When the search in step 2802 is on the group of U.S. patents, the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office. In a similar manner, if the search in step 2802 is on the group of International patents, then the classification used would be the IPC classification. The IPAM server may store the U.S. Patent Classification (or IPC classification) in a meta-data field that will also need to be searched to determine the patent classification, but is not limited to this. Control then passes to step 2806.
In step 2806, each subgroup produced in step 2804 is further divided by assignee/company. Thus, the IPAM server is used in conjunction with a technology by company map 216 to create a graphical representation of company and technical area by frequency. Typically, this is done by the user selecting a technology by company function on the computer screen. The flowchart 2800 ends at this point.
Referring again to FIG. 27, the chart produced by Tool 6 tells the user several things. First, it shows that companies like AT&T Bell Laboratories and
International Business Machines Corporation are active in the area ofthe idea but have a broader set of activity (as represented by several patents in several different patent classifications) and therefore may be interested in licensing other patents in similar areas. Companies, like Westinghouse Electric Corporation, appear to be targeting specific areas (as represented by many patents in one patent classification). Therefore, Westinghouse Electric Corporation may not be as willing to license a patent in the same specific area.
B. The Assertion Analysis Stage
FIG. 29 illustrates the technology by company map 216 facilitating the assertion analysis stage 104as Tool 14, entitled "Technology by Company Map."
The purpose of Tool 14 in the assertion analysis stage 104 is to identify for the assertion team companies whose products are likely being made by similar means and for which manufacturing drift might lead to infringement. Here, the user company may want to reverse engineer those products of other companies to determine whether the products are infringing one or more ofthe user company's patents. How the IPAM server works in conjunction with the technology by company map 216 to aid in the assertion analysis stage 104 is similar to the portfolio review stage 102, as described above with reference to FIG. 28.
C. The Litigation Stage
FIG. 30 illustrates the technology by company map 216 facilitating the litigation stage 108 as Tool 32, entitled "Technology by Company Map." The purpose of Tool 32 in the litigation stage 108 is to identify for the litigation team and judge those technical areas which are clearly the domain ofthe plaintiff ( user company). The graph created by Tool 32 aids in showing the judge that those patent classifications (technical areas) under dispute have not been claimed or pursued by the defendant. How the IPAM server works in conjunction with the technology by company map 216 to aid in the litigation stage 108 is similar to the portfolio review stage 102, as described above with reference to FIG. 28.
IX. IPAM Server and Patent Citation Tree
Referring to FIG.2, the IPAM server works in conjunction with the patent citation tree 218 to facilitate the portfolio review stage 102 (as Tool 7), the assertion analysis stage 104 (as Tool 15), the negotiation stage 106 (as Tool 23) and the litigation stage 108 (as Tool 33). Citation trees are described in detail in the patent and applications referenced above in the section entitled "Cross- Reference to Other Patents and Applications." In general, during the licensing process, the user company can look at the patent citation tree 218 to decide how crowded the area is and how quickly it is moving (note that the icons can display dates relevant to the patents in the tree). The invention automatically displays hierarchy maps that connect patents having similar cited references upon user command. In the map, the greatest gradient represents highest change and so you can use that as a way to plot the velocity in different directions. Dates may be shown in the nodes ofthe tree. In this case, for example, the contour lines can show the time line for the subject areas, and how fast they are developing.
A. The Portfolio Review Stage
FIG.31 illustrates the patent citation tree 218, used in the portfolio review stage 102, as Tool 7, entitled "Patent Citation Tree. " The purpose of Tool 7 in the portfolio review stage 102 is to provide information to the portfolio team, such that at a glance, the portfolio team can see if other companies are focused in a specific effort to work in just one branch of the technology, or are working in may areas. Companies working in many areas will be good candidates for an assertion and license out analysis. The citation tree produced by Tool 7 shows how unique, mature, expansive, and inner-related the technology is that stems from the patent being evaluated. When dates are put in the nodes ofthe citation tree it also shows the portfolio team how fast moving the various branches ofthe tree are growing. How the IPAM server works in conjunction with the patent citation tree 218 to aid in the portfolio review stage 102 is described with reference to FIG. 32.
In FIG. 32, a flowchart 3200 begins at step 3202. In step 3202, in an embodiment ofthe present invention a user performs a search on the group of all
U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 3204. In step 3204, the IPAM server takes the group of patents produced in step 3202 and further performs a forward citation on each ofthe patents, that has the same patent class (technology area) of the user company, to create a patent citation tree 218. Forward citations are described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other
Patents and Applications . " The nodes in the patent citation tree 218 may be color coded by assignee to allow the user to pick out color patterns easily. The flowchart 3200 ends at this point.
B. The Assertion Analysis Stage
FIG. 33 illustrates the patent citation tree 218, used in the assertion analysis stage 104, as Tool 15, entitled "Patent Citation Tree." The purpose of Tool 15 in the assertion analysis stage 104 is to provide information to the assertion team, such that at a glance, the assertion team can identify other companies whose products are likely being made by similar means and for which manufacturing drift or inadvertent design decisions might lead to infringement.
These companies' products should be reversed engineered to check for possible infringement. In addition, the patent citation tree 218 produced by Tool 15 shows which companies are pursuing similar technology.
How the IPAM server works in conjunction with the patent citation tree 218 to aid in the assertion analysis stage 104 is similar to the portfolio review stage 102, as described above with reference to FIG. 32. Here, the forward citation analysis is run for each patent produced by step 3202.
C. The Negotiation Stage
FIG. 34 illustrates the patent citation tree 218, used in the negotiation stage 106, as Tool 23, entitled "Patent Citation Tree." The purpose of Tool 23 in the negotiation stage 106 is to provide information to the negotiation team, such that at a glance, the negotiation team can identify how fast the technical area is moving and how many companies are involved in the technical area. In addition, Tool 23 visually shows the uniqueness ofthe patent under discussion, and from the richness of the patent citation tree 218, how valuable the patent is. For example, when the nodes ofthe patent citation tree 218 are color coded for right- to-practice (indicating patents that a company may need to license to continue to make, use, and/or sell a product or process) it visually reinforces the value ofthe patent under discussion for negotiation purposes. Also, the patent citation tree 218 produced by Tool 23 shows which companies are pursuing similar technology.
How the IPAM server works in conjunction with the patent citation tree 218 to aid in the negotiation stage 106 is similar to the portfolio review stage 102, as described above with reference to FIG. 32. Here, a forward citation analysis is run for each patent under negotiation.
D. The Litigation Stage
FIG. 35 illustrates the patent citation tree 218, used in the litigation stage
108, as Tool 33, entitled "Patent Citation Tree." The purpose of Tool 33 in the litigation stage 108 is show, when the nodes in the patent citation tree 218 are color coded for right-to-practice (red-yellow-green), which companies must take a license to the user company's patent. Tool 33 provides a powerful visualization tool for the litigation team. It illustrates to a judge the depth of analysis and the value ofthe patent under discussion. Tool 33 further shows which companies are free to practice and which are not free to practice the art or technology in question. How the IPAM server works in conjunction with the patent citation tree
218 to aid in the litigation stage 108 is similar to the portfolio review stage 102, as described above with reference to FIG. 32. Here, a forward citation analysis is run for each patent under litigation. X. IPAM Server and Nested Patent Citation Tree
Referring to FIG.2, the IPAM server works in conjunction with the nested patent citation tree 220 to facilitate the assertion analysis stage 104 (as Tool 16) and the negotiation stage 106 (as Tool 24). Nested patent citation trees are described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other Patents and Applications." In general, during the licensing process, the user company can look at the nested patent citation tree 220 to predict related technology/markets under exploration by other companies. Patents lag the technology due to the inherent delays in patent prosecution. Thus, if the user finds a very recent patent, it may not have any forward citations since any patents that might cite it are months or years away from issuing. Thus, it would not be possible to see how the technology is developing relative to this patent since it has no forward citations.
This tool utilizes a technique that involves going back one or more generations from a given patent, and then performing forward citations on the prior generations. This identifies a patent family that is a result of a unique combination of backwards and forwards citation processing. The resulting tree tells you who's playing and in what fields that's probably around the base patent. It's an approach to look into the future of a given technology (how the technology may develop in the future). Date contours (or contours according to some other criteria) is also applicable with this tool (and with all hyperbolic trees generated by the invention).
A. The Assertion Analysis Stage
FIG. 36 illustrates the nested patent citation tree 220, used in the assertion analysis stage 104, as Tool 16, entitled "Nested Patent Citation-Tree." The purpose of Tool 16 in the assertion analysis stage 104 is to provide information to the assertion team so that it knows early on other companies' possible activities that might be using, or have use for, the user company's patented art. In addition Tool 16 produces a nested patent citation tree 220 that shows on which companies the competitive intelligence team should do a preliminary investigation on for possible infringing products and services. How the IPAM server works in conjunction with the nested patent citation tree 220 to aid in the assertion analysis stage 104 is described with reference to FIG. 37.
In FIG. 37, a flowchart 3700 begins at step 3702. In step 3702, in an embodiment ofthe present invention a user performs a search on the group ofthe user company's patents that address the user company's fastest moving technology areas. These patents may include U.S., European, and Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 3704.
In step 3704, the IPAM server determines the prior generation patent of each patent produced in step 3702 (e.g., goes back one citation for each patent).
Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to backward citation are shown in FIGs. 68-72. (Note that FIGs. 68-72 may also be used with the business management and merger and acquisition features ofthe present invention). The present invention is not limited to these exemplary user interfaces. Control passes to step 3706.
In step 3706, the IPAM server takes the group of patents produced in step
5002 and further performs three forward citations on each ofthe patents to create a nested patent citation tree 220. The nodes in the patent citation tree 224 may be color coded by assignee to allow the user to pick out color patterns easily. Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to forward citation are shown in FIGs.73-77. (Note that FIGs. 73-77 may also be used with the business management and merger and acquisition features ofthe present invention). The present invention is not limited to these exemplary user interfaces. The flowchart 3700 ends at this point. B. The Negotiation Stage
FIG. 38 illustrates the nested patent citation tree 220, used in the negotiation stage 106, as Tool 24, entitled "Nested Patent Citation-Tree." The purpose of Tool 24 in the negotiation stage 106 is to provide information to the company taking the license whether or not that company may have an opportunity to sub-license further or not. This information is likely to mitigate or influence the value paid for the license to the patent. In addition, the nested patent citation tree 220 produced by Tool 24 shows other companies that might be interested in a sub-license ofthe patent. How the IPAM server works in conjunction with the nested patent citation tree 220 to aid in the negotiation stage 106 is similar to the assertion analysis stage 104, as described above with reference to FIG. 37. Here, the nested patent citation tree 220 is created for the patented art under negotiation.
XI. IPAM Server and Product/Patent/Revenue Table
In FIG. 39, the IPAM server works in conjunction with the product/patent/revenue table 222 to facilitate the portfolio review stage 102 (as
Tool 8). FIG. 39 illustrates the product/patent/revenue table 222, used in the portfolio review stage 102, as Tool 8, entitled "Product/Patent/Revenue Table."
The purpose of Tool 8 is to allow the portfolio team see at a glance which patents are protecting the user company's revenue streams and which are not. Those not protecting revenue for the user company may be subject to a decision to license out, donate, or abandon. In general, the product/patent/revenue table 222 produced by Tool 8 shows for each patent how much of the company's sales revenue is being covered. How the IPAM server works in conjunction with the product/patent/revenue table 222 to aid in the portfolio review stage 102 is described with reference to FIG. 40.
In FIG. 40, a flowchart 4000 begins at step 4002. In step 4002, in an embodiment of the present invention a user performs a search on the group of company documents and patents, but is not limited to this. This typically involves a boolean and/or natural language search on the product, use and/or technology to produce a group of documents and patents. Control passes to step 4004. In step 4004, the IPAM server integrates financial information from the user company's book, with its manufacturing tracking system, and each patent (produced from step 4002) to produce the product/patent/revenue table 222. At this point, flowchart 4000 ends.
XII. IPAM Server and Document Annotation
Referring to FIG. 2, the IPAM server works in conjunction with the document annotation 224 to facilitate the portfolio review stage (as Tool 9), the assertion analysis stage 104 (as Tool 17), the negotiation stage 106 (as Tool 25), and the litigation stage 108 (as Tool 34). Document annotation by IPAM server is described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other Patents and Applications. " In general, the user company can utilize the document annotation 224 to help create a document trail to help expedite stages ofthe licensing process.
A. The Portfolio Review Stage
FIG. 41 illustrates the document annotation 224, used in the portfolio review stage 102, as Tool 9, entitled "Document Amiotation." The purpose of
Tool 9 in the portfolio review stage 102 is to allow members of the portfolio review team to annotate patents and corporate documents during meeting in realtime. In addition, pre-meeting recorded, indexed knowledge can be used to expedite patent portfolio review meetings. These annotations document how each patent and/or trade secret fits into the overall portfolio ofthe user company. How the IPAM server works in conjunction with the document annotation 224 to aid in the portfolio review stage 102 is described next with reference to FIG. 42.
In FIG. 42, a flowchart 4200 begins at step 4202. In step 4202, in an embodiment ofthe present invention a user performs a search on the groups of patents and corporate documents, but is not limited to this . The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents and/or corporate documents. Control passes to step 4204.
In step 4204, IPAM server allows the user to make annotations on one or more of the patents and/or corporate documents in the group produced by step
4202. Flowchart 4200 ends at this point.
B. The Assertion Analysis Stage
FIG. 43 illustrates the document annotation 224, used in the assertion analysis stage 104, as Tool 17, entitled "Document Annotation." The purpose of Tool 17 in the assertion analysis stage 104 is to allow, during assertion analysis, the individual analysts and the team to make real-time annotations on the patents and corporate documents (including company and outside information sources like the Web). These annotations document how each patent may be related to the data sheet, press releases, and reverse engineering reports of possible infringers. The indexed knowledge is used to expedite individual assertion analysis activities as well as the efficiency of the assertion team's review meetings.
How the IPAM server works in conj unction with the document annotation 224 to aid in the assertion analysis stage 104 is similar to the portfolio review stage 102, as described above with reference to FIG. 42.
C. The Negotiation Stage FIG. 44 illustrates the document annotation 224, used in the negotiation stage 106, as Tool 25, entitled "Document Annotation." The purpose of Tool 25 in the negotiation stage 106 is to allow, during the license negotiation, the individual analysts and the team to make real-time annotations on the patents and corporate documents (including company and outside information sources like the Web). These annotations document how each patent may be related to other elements ofthe negotiation process. The indexed knowledge is used to expedite the negotiation as well as the efficiency ofthe negotiation meetings.
Howthe IPAM server works in conjunction with the document annotation 224 to aid in the negotiation stage 106 is similar to the portfolio review stage 102, as described above with reference to FIG. 42.
D. The Litigation Stage
FIG. 45 illustrates the document annotation 224, used in the litigation stage 108, as Tool 34, entitled "Document Annotation." The purpose of Tool 34 in the litigation stage 108 is to allow, during the patent litigation, the individual analysts and the team to make real-time annotations on the patents and corporate documents (including company and outside information sources like the Web). These annotations document how each patent may be related to other elements ofthe litigation process. The indexed knowledge is used to expedite the litigation as well as react to new elements surfacing during the proceedings.
How the IPAM server works in conj unction with the document annotation 224 to aid in the litigation stage 108 is similar to the portfolio review stage 102, as described above with reference to FIG. 42.
XIII. IPAM Server and Inventor Table
Referring to FIG. 2, the IPAM server works in conjunction with the inventor table 226 to facilitate the negotiation stage 106 (as Tool 26) and the litigation stage 108 (as Tool 35). In general, the inventor table 226 identifies leading inventors in different technologies or fields.
A. The Negotiation Stage
FIG. 46 illustrates the inventor table 226, used in the negotiation stage 106, as Tool 26, entitled "Inventors." The purpose of Tool 26 in the negotiation stage 106 is to identify, for the negotiation team, key people to ascertain whether or not they will be available for technology transfer. The availability of these key people affect the value ofthe art under discussion. How the IPAM server works in conjunction with the inventor table 226 to aid in the licensing process is described next with reference to FIG. 47.
In FIG. 47, a flowchart 4700 begins at step 4702. In step 4702, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. Here, the search performed is typically a boolean and/or natural language search on the technology/art to produce a group of patents. Exemplary screen shots of the user interface of the IPAM server to assist the user company in searches relating to inventors are shown in FIGs. 64-67. (Note that FIGs. 64-67 may also be used with the business management and merger and acquisition features ofthe present invention). The present invention is not limited to these exemplary user interfaces. Control passes to step 4704.
In step 4704, the IPAM server generates an inventor table 226 that indicates the top inventors in a related area to the technology searched in step
4702. Here, the group of patents produced in step 4702 are further subdivided into subgroups, with each subgroup having the same inventor. As with assignee information, the IPAM server may store the inventor information of patents in a meta-data field that will also need to be searched to determine the inventor information, but is not limited to this.
Typically, step 4704 is initiated by the user selecting a top inventor function on the computer screen. The top inventor table 226, produced in conjunction with the IPAM server and Tool 26 (FIG. 46), shows the quality and variety of top inventors who are also active in areas surrounding the technology.
At this point flowchart 4700 ends.
Once the group of patents (from the search in step 4702) is divided into subgroups (in step 4704), the user may also use Tool 18 to produce the topographic map 202 (to indicate the companies each inventor has worked for).
B. The Litigation Stage
FIG. 48 illustrates the inventor table 226, used in the litigation stage 108, as Tool 35, entitled "Inventors." The purpose of Tool 35 in the litigation stage 108 is to identify, for the litigation team, key people to check out ahead of time for their background and opinions on the validity of the case. Tool 35 also indicates the inventors who could be involved in the litigation proceeding, including being an expert witness for one ofthe parties. How the IPAM server works in conjunction with the inventor table 226 to aid in the litigation stage 108 is similar to the negotiation stage 106, as described above with reference to FIG. 47.
XIV. IPAM Server and Patent/Months to Issue Chart
Referring to FIG. 2, the IPAM server works in conjunction with the patent/months to issue chart 228 to facilitate the portfolio review stage 102 (as Tool 10) and the negotiation stage (as Tool 27). In general, during the licensing process, the user company can look at the patent/months to issue chart 228 to determine the average time that competitor's patents are in prosecution. Patents lag the technology due to the inherent delays in patent prosecution. Delays in prosecution may be different for different technologies. Therefore, the user can also use the patent/months to issue chart 228 to get an idea on the prosecution time for different technologies. This also can help to predict the pace of certain technologies and what competitors are working on in their labs.
A. The Portfolio Review Stage
FIG. 49 illustrates the patent/months to issue chart 228, used in the portfolio review stage 102, as Tool 10, entitled "Months to Issue Patents." The purpose of Tool 10 in the portfolio review stage 102 is to provide information to the portfolio team so that it understands the timing risk of using U.S. Patent and
Trademark Office databases, and can modify its decisions in the portfolio review stage 102 accordingly. The patent/months to issue chart 228 shows average time patents in each technology area are hidden from the portfolio team's view. How the IPAM server works in conjunction with the patent/months to issue chart 228 to aid in the portfolio review stage 102 is described next with reference to FIG.
50.
In FIG. 50, a flowchart 5000 begins at step 5002. In step 5002, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 5004.
In step 5004, the IPAM server sorts the patents in the resulting group from step 5002 by year to create subgroups of patents and export to Excel. Control passes to step 5006.
In step 5006, the Excel software, for each patent in each ofthe subgroups created in step 5004, subtracts the patent's issue date from its filing date. Control then passes to step 5008. In step 5008, the Excel software calculates, for each subgroup of patents, the average prosecution time for its patents and displays the results to the user. Flowchart 5000 ends at this point.
B. The Negotiation Stage
FIG. 51 illustrates the patent/months to issue chart 228, used in the negotiation stage 106, as Tool 27, entitled "Months to Issue Patents." The purpose of Tool 27 in the negotiation stage 106 is to provide information to the negotiation team so that it can ask about the art in prosecution and modify its stance and decisions accordingly. Tool 27 also produces the patent/months to issue chart 228 to show average time patents in each technology area are hidden from the negotiation team's view. How the IPAM server works in conjunction with Excel the patent/months to issue chart 228 to aid in the negotiation stage 106 is similar to the portfolio review stage 102, as described above with reference to FIG. 50.
XV. IPAM Server and Time Remaining on Patents Chart
Referring to FIG. 2, the IPAM server works in conjunction with the time remaining on patents chart 230 to facilitate the portfolio review stage 102 (as Tool 11), the litigation stage 108 (as Tool 36) and the collection stage 110 (as Tool 38). In general, during the licensing process, the user company can look at the time remaining on patents chart 230 to see how long the company's art is protected by patents.
A. The Portfolio Review Stage
FIG. 52 illustrates the time remaining on patents chart 230, used in the portfolio review stage 102, as Tool 11, entitled "Time Remaining on Patents." The purpose of Tool 11 in the portfolio review stage 102 is to show the portfolio team which technologies are growing and therefore worthy of investment versus technologies that are static and therefore not as worthy of investment. Tool 11 produces the time remaining on patents chart 230 showing the age of each ofthe company's patents. How the IPAM server works in conjunction with the time remaining on patents chart 230 to aid in the portfolio review stage 102 is described next with reference to FIG. 53.
In FIG. 53, a flowchart 5300 begins at step 5302. In step 5302, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents owned by the user company. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 5304. In step 5304, the IPAM server sorts the patents in the resulting group from step 5302 by years to expire. Typically, step 5304 is initiated by the user selecting a time remaining on patents function on the computer screen. At this point flowchart 5300 ends.
B. The Litigation Stage
FIG. 54 illustrates the time remaining on patents chart 230, used in the litigation stage 108, as Tool 36, entitled "Time Remaining on Patents." The purpose of Tool 36 in the litigation stage 108 is to illustrate to a judge the time remaining on a patent (remaining patent term). This helps to aid the judge in determining damages. By using Tool 36, the judge can easily see the age of each patent involved in the litigation. How the IPAM server works in conjunction with the time remaining on patents chart 230 to aid in the litigation stage is similar to the portfolio review stage 102, as described above with reference to FIG. 53. C. The Collection Stage
FIG. 55 illustrates the time remaining on patents chart 230, used in the collection stage 110, as Tool 38, entitled "Time Remaining on Patents." The purpose of Tool 38 in the collection stage 110 is to show the licensing department how the revenue stream will vary with the time remaining on licensed patents.
The time remaining on patents chart 230 shows the age of each patent for which revenues are being collected. How the IPAM server works in conjunction with the time remaining on patents chart 230 to aid in the litigation stage is similar to the portfolio review stage 102, as described above with reference to FIG. 53. One exception is that the search in step 5302 is done on all user company patents that are currently being licensed and generating revenue for the user company.
XVI. Combination ofthe Tools or Methods
It is important to note that most, if not all, of the tools or methods described above may be combined to interactively go back and forth between different tools. Note that in the portfolio review stage 102, a user may decided to combine or integrate one or more tools to facilitate the stage. For example, once the user utilizes Tool 26 (FIG. 46) to produce the inventor table 226, the user may also use Tool 18 (FIG. 5) to produce the topographic map 202 to facilitate the negotiation stage 106 in the licensing process. The integration of tools discussed herein to facilitate the licensing process is limitless.
XVII. Licensing Exchange
An embodiment ofthe present invention relates to a licensing exchange that facilitates the auction or exchange of licenses to a patent, trademark, trade secret, and so forth. In an embodiment of the present invention, licensing exchange is conducted over the Internet. Here, sellers post patents, trademarks, etc, that they want to sell a license to. Buyers can review the posted patents, trademarks, etc., to determine if they want to purchase a license to one or more of the posted patents, trademarks, etc. Buyers and sellers can use the IPAM server and the tools/methodologies described above to facilitate the licensing exchange. Several examples of how the tools/methodologies described above can be used in the licensing exchange will be described next. The present invention is not limited to the following examples.
For example, the technology by company map 216 can aid in answering questions such as the following (but is not limited to these): (1) fields that other companies are interested in; (2) whether a company is holding other art in the field of interest; (3) if a company maintains a broad or narrow focus in their patent strategy; and (4) whether the art up for license is an orphan.
Another example involves the inventors chart 226. The inventors chart 226 aids in answering questions such as the following (but is not limited to these): (1) how broad based certain inventors are; (2) will all of a particular inventor's work be included in a license offered for sale; (3) who to check to determine if an inventor is available to transfer technology; (4) where has an inventor worked before; (5) whether the previous work of an inventor is relevant; (6) whether the previous employer of an inventor should be involved in a due diligence; (7) where an inventor is currently working; (8) whether the subsequent work of an inventor is relevant; (9) whether the subsequent employer of an inventor should be involved in a due diligence; (10) determine if there are multiple assignees on a patent; (11) whether a license includes all rights; and (12) whether other assignees should be part of a due diligence. The nested patent citation tree 220 can be used to answer the following questions (but is not limited to these): (1) whether the licensed art is free and clear of prior work; (2) does freedom to practice exist as envisioned by the seller for a development project; (3) does freedom to practice exist as envisioned by the buyer for a development project; (4) whether any issues are highlighted in a patent's wrapper; and (5) whether there is ongoing work by cited assignees or inventors, and whether this work will impact the buyer's project.
The patent citation tree 218 can be used to answer the following questions (but is not limited to these): (1) whether the licensed art is free of subsequent work; (2) whether there is freedom to practice what the buyer intends; (3) whethethere is other work/art that also needs to be licensed; (4) whether any ongoing work will influence the business plan of either the buyer or seller; (5) whether there is subsequent work by the seller; (6) does any subsequent work by the seller impact the buyer's project; and (7) whether the license includes rights to this subsequent work. The general management of a business feature ofthe present invention will be described next.
GENERAL MANAGEMENT OF BUSINESS
In the present invention, the IPAM server may be used in conjunction with the tools and methodology to aid in the general management of stages of a business. FIG.92 is an example overview ofthe tools that map to each stage in the general management of a business (FIG. 91). The mapping provided in FIG. 92 is presented for illustration purposes only. Other uses and applications ofthe invention will be apparent based on the teachings contained herein. These tools or methods include (when they are incorporated with IPAM server), but are not limited to, a topographic map 9202, a features grouping chart 9204, a portfolio actions map 9206, a core technologies map 9208, a related markets map 9210, a patent activity chart 9212, a patent activity by company chart 9214, a recent patent applications chart 9216, a technology by company map 9218, a patent citation tree 9220, a nested patent citation tree 9222, a product/patent/revenue table 9224, a document annotation 9226 and a time remaining on patents table
9228.
The following describes each tool or method and how it may be combined with the IPAM server to aid in the general management of different stages of a business. As each of these tools or methods are described below, an exemplary graphical presentation is used. It should be noted that the particular exemplary graphical presentation used is for convenience purposes only and the invention is not limited to that particular graphical presentation. For example, a bar chart can be also implemented as a pie chart, radar or spider charts, two or three dimensional graphs, etc., and vice versa. The same tool may be used in different ways to facilitate different stages in the general management of a business. For example, the portfolio actions map 9208 (in conjunction with the IPAM server) is Tool 1 in the embryonic stage 9102, Tool 8 in the growth stage 9104, Tool 15 in the expansion stage 9106 and Tool 923 in the mature stage 9108. In addition, portfolio action map 9208 is Tool 32 for the portfolio review stage 9201. Other uses of tools will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein.
I. IPAM Server and the Topographic Map
The description of the IPAM Server and the Topographic Map above applies to the general management of a business. Referring to FIG. 92, the IPAM server incorporates the topographic map 9202 to facilitate the portfolio review stage 9201 (as Tool 30). The IPAM server and the topographic map 9202 are used by the management team of a business in a slightly different way to facilitate the portfolio review stage 9201 than it is used in the stages of a business. Here, the management team is not focusing on any particular stage of a business. FIG. 93 illustrates the topographic map 9202 facilitating the portfolio review stage 201 as Tool 30, entitled "Topographic Map." In the portfolio review stage 201, each patent in the company ' s portfolio is reviewed to determine how to get the most revenue from that patent.
In FIG. 93, the topographic map 9202 as Tool 30 is shown. The purpose of Tool 30 in the portfolio review stage 9201 is to use the topographic map 9202 to show the management team the breadth of its company's and other companies' portfolios so the management team can see at a glance if its company is a niche player in intellectual property, or have a broad base that can be taken advantage of. Looking at time slices in the topographic map 9202, the management team can see which technical areas are currently active and which are maturing. The technical and business resources can knowledgeably be deployed on this information. By marking key competitors on the map and comparing their activity to the company's own, the management team can also determine if additional or fewer technical and marketing resources are appropriate to deploy. In one embodiment of the present invention, Tool 30 uses Cartia's ThemeScape to create the topographic map 9202 and thus create conceptual visualizations of similar technologies and markets. The x-y plane shows related concepts in relative proximity. In the z-axis, forming mountains and valleys, is the frequency of concepts represented in the patent group. The major concepts represented by the topographic map 9202 (shown in FIG.93) are the drug entities, formulations, and delivery means related to migraine headaches . How the IPAM server works in conjunction with the topographic map 9202 to aid in the portfolio review stage 9201 is described next with reference to FIG. 94.
In FIG. 94, a flowchart 9400 begins at step 9402. In step 9402, in an embodiment ofthe present invention a user performs a search on U.S. patents to identify products, uses and technologies covered in the company's (or other company's) patent portfolio. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents (this is also true for all ofthe searches discussed herein). Here, the search performed is typically, but is not limited to, a boolean and/or natural language search on the product, use and/or technology to produce a group of patents that identify products, uses and/or technologies covered in the company's patent portfolio. The user interface ofthe IPAM server is described in detail in the patent and applications referenced above in the section entitled "Cross- Reference to Other Patents and Applications." Control then passes to step 9404. In step 9404, the IPAM server is used to produce a topographic map 9202 having a map with contours and labels indicating areas related to the products, uses and/or technologies searched in step 9402. Here, the group of patents produced in step 9402 is further divided into subgroups, with each subgroup relating to a different product, use and/or technology. Typically, this is done by the user selecting a topographic map function on the computer screen. The topographic map 9202 produced by Tool 30 (FIG. 93) shows the pattern of subjects of all ofthe patents produced in step 9402 (e.g., shows products, uses and/or technologies covered by the company's patent portfolio). Labels on the topographic map 9202 indicate the products, uses and/or technologies, and the contours indicate how many U.S. patents exist for each subgroup area. The topographic map 9202 shows areas people are focusing on. Control then passes to step 9406.
In step 9406, the user company studies the topographic map 9202 produced by Tool 30 and determines whether the exact area ofthe product, use and/or technology is included in the topographic map 9202. If the outcome to step 9406 is positive, then control passes to step 9410. Alternatively, control passes to step 9408.
In step 9408, an area related to the product, use and/or technology was not included in the topographic map 9202. Here, the user can determine if another area that is shown in the topographic map 9202 is worth further exploration. Control then passes to step 9410.
In step 9410, the user selects the contour (or label) of interest in the topographic map 9202. This is typically done by the user "clicking" on the contour of interest. Control then passes to step 9412.
In step 9412, the IPAM server processes the subgroup of U.S. patents that are included in the contour of interest indicated by the user in step 9410. Again, topographic map 9202 is displayed with contours, but this time the topographic map 9202 is more specific to exactly the user's contour (or area) of interest. Now, the topographic map 9202 shows the different types of products, uses and/or technologies that are in the contour of interest. At this point, the user may use the IPAM server as described in detail in the applications and patents referenced above in the section entitled "Cross-Reference to Other Patents and Applications." Here, flowchart 9400 ends.
II. IPAM Server and Features Grouping
Referring to FIG. 92, the IPAM server works in conjunction with the features grouping chart 9204 to facilitate the portfolio review stage 9201 (as Tool 31) in the general management of a business. Tool 31 is shown in FIG. 95 and is called "Features Grouping." The purpose of Tool 31 is to highlight distinctive features that other technologies and business models can provide to the management team. The provided features grouping chart 9204 highlights how close other companies products and services are to the company's products, and which of those products are patent protected. The management team can quickly sort for those feature sets which produce value and determine at a glance if intellectual property concerns should be a central part of its decision process in terms of which products to promote and build upon, and which to let languish.
In addition, high level trends can be seen in the features grouping chart 9204 that may indicate a tendency of one company to be possibly infringing another's patents on a broad (many) or narrow (few scale). How the IPAM server works in conjunction with the features grouping chart 9204 to aid in the general management of a business as Tool 30 is described next with reference to FIG. 96.
In FIG. 96, a flowchart 9600 begins at step 9602. In step 9602, in an embodiment ofthe present invention a user performs a search on the groups of patents covering the company's own products and competitor's products and/or product attributes analyzed by reverse engineering the company's own products and competitor's products. The present invention is not limited to doing the search on this, but may include other available documents and/or attributes. Here, the search performed is typically a boolean and/or natural language search on product attributes which are sorted and grouped to create interactive maps of patented products or service features. Control passes to step 9604.
In step 9604, the IPAM server is used in conjunction with the features grouping chart 9204 to create a chart showing groupings of product and/or service features. In step 9605, one or more groups are selected, and in step 9607, the selected groups are processed consistent with the functionality described herein.
Flowchart 9600 ends at this point.
III. IPAM Server and Portfolio Actions Map
Referring to FIG. 92, the IPAM server works in conjunction with the portfolio actions map 9206 to facilitate the embryonic stage 9102 (as Tool 1 ), the growth stage 9104 (as Tool 8), the expansion stage 9106 (as Tool 15), the mature stage 9108 (as Tool 23) and the portfolio review stage 9201 (as Tool 32). In general, the portfolio actions map 9206 provides an overall view of what to do with specific patents in the portfolio. The IPAM server and the portfolio actions map 9206 are used in a slightly different way to facilitate each of these stages.
A. The Embryonic Stage
FIG. 97 illustrates the portfolio actions map 9206 facilitating the embryonic stage 9102 as Tool 1, entitled "Embryonic Business Portfolio Actions Map." As stated above, a business in the embryonic stage 9102 is generally a start-up company (a couple of people) or a venture unit of a more established company. Typically, the strategic plan of a business in the embryonic stage 9102 includes focusing on a single product line, where the single product line is usually breaking new ground. Therefore, the purpose of Tool 1 is to allow a small team to immediately assign patents to a specific course of action in a fraction ofthe time that is required by traditional means of analyzing the paper version of the patents by a few individuals. Since embryonic businesses need to focus their efforts, use ofthe portfolio actions map 9206 helps them focus on putting effort and money into art/technology that will directly affect their business. All other art/technology is removed from start-up's or business unit's focus. How the
IPAM server works, in conjunction with the portfolio actions map 9206 to aid in the general management of a business in the embryonic stage, as Tool 1 is described next with reference to FIG. 98.
In FIG. 98, a flowchart 9800 begins at step 9802. In step 9802, in an embodiment ofthe present invention a user performs a search on the company's patents. Control passes to step 9804. In step 9804, the patents in the resulting group from step 9802 are further divided into subgroups by which type of business the patent pertains to. Control then passes to step 9806.
In step 9806, each subgroup of patents from step 9804 is further divided into subgroups by business unit and/or corporate direction. At this point, the IPAM server is used in conjunction with the portfolio actions map 9206 to create a chart assigning each company patent to a specific course of action. Flowchart
9800 ends at this point.
B. The Growth Stage
FIG. 99 illustrates the portfolio actions map 9206 facilitating the growth stage 9104 as Tool 8, entitled "Growth Business Portfolio Actions Map." As stated above, a business in the growth stage 9104 is a small company or business unit. The small company or business unit is experiencing high growth. At this point, a business typically has multiple product lines. In the growth stage 9104 a business has more of a strategic view than it does in the embryonic stage 9102. Therefore, the purpose of Tool 8 is to allow a small team to immediately assign patents to a specific course of action in a fraction of the time required by traditional means of analyzing the paper version of the patents by a few individuals. Since growth businesses need to focus their efforts on both short term operations as well as focused strategic options, use ofthe portfolio actions map 9206 helps them to build upon art/technology that will directly affect their business. All other art/technology is likely to be removed from the growth company's focus. How the IPAM server works in conjunction with the portfolio actions map 9206 to aid in the growth stage 9104 is similar to how it is done in the embryonic stage 9102.
C. The Expansion Stage
FIG. 100 illustrates the portfolio actions map 9206 facilitating the expansion stage 9106 as Tool 15 , entitled "Expanding Business Portfolio Actions Map." As stated above, a business in the expansion stage 9106 is a stable business or company unit. The stable business or company unit is experiencing sold growth and is profitable. Money is flowing easily and the CEO is concentrating on covering all possible areas related to the business' technology, along with venturing into different technological areas, new geographic areas, and/or new market segments. Therefore, the purpose of Tool 15 is to allow the management team or CEO to immediately assign patents to a specific course of action in a fraction of the time required by traditional means of analyzing the paper version of the patents by a few individuals. Since expansion businesses need to focus their efforts on broadened short term operations, as well as future strategic options, use of this portfolio actions map 9206 helps them focus on maintaining art/technology that will protect their business. All other art/technology is sold or licensed for revenue, or else donated or abandoned to reduce expenses. How the IPAM server works in conjunction with the portfolio actions map 9206 to aid in the expansion stage 9106 is similar to how it is done in the embryonic stage 9102. D. The Mature Stage
FIG. 101 illustrates the portfolio actions map 9206 facilitating the mature stage 9108 as Tool 23, entitled "Mature Business Portfolio Actions Map." As stated above, a business in the mature stage 9108 is an older company or business unit. Here, growth is slow and innovation is reduced. The older company or business unit is mostly concerned with protecting what it currently has with minimum effort and time. Thus, any growth is slow and the focus is back to a single product line. There is typically a large, positive cash flow and the older company or business unit is focused on defending its market during any consolidation phases. The posture ofthe CEO of a business in the mature stage
9108 is to look at the company portfolio (including, but not limited to, patents, software, trademarks, and know-how or trade secrets) and determine how to improve its cash flow.
The purpose of Tool 23 is to allow the management team or CEO to immediately assign patents to a specific course of action in a fraction ofthe time required by traditional means of analyzing the paper version ofthe patents by a few individuals. Since mature businesses need to focus their efforts on cost and profits, use of this portfolio actions map 9206 helps them focus on maintaining only art/technology that will protect their business. All other art/technology is sold or licensed for revenue, or else donated or abandoned to reduce expenses.
How the IPAM server works in conjunction with the portfolio actions map 9206 to aid in the mature stage 9108 is similar to how it is done in the embryonic stage 9102.
E. The Portfolio Review Stage
FIG. 102 illustrates the portfolio actions map 9206 facilitating the portfolio review stage 201 as Tool 32, entitled "Patent Portfolio Actions Map." The purpose of Tool 32 is to allow the management team to determine what course of action to take with each patent in the portfolio. The location of each patent on the grid of the portfolio actions map 9206 highlights the immediate course of action to be taken with that patent. The pattern created by the company's patents on this portfolio actions map 9206 shows which business units are actively managing their intellectual property (shown by the absence of the business unit's colored dots in the abandon and license areas), and which are not. How the IPAM server works in conjunction with the portfolio actions map 9206 to aid in the portfolio review stage 201 is similar to how it is done in the embryonic stage 9102, as described above with reference to FIG. 108.
IV. IPAM Server and Core Technologies Map
Referring to FIG. 92, the IPAM server works in conjunction with the core technologies map 9208 to facilitate the expansion stage 9106 (as Tool 16), the mature stage 9108 (as Tool 24) and the portfolio stage 9201 (as Tool 33). In general, the core technologies map 9208 indicates which technical fields are essential to business success.
A. The Expansion Stage
FIG. 103 illustrates the core technologies map 9208 facilitating the expansion stage 9106 as Tool 16, entitled "Expanding Business Core Technologies Map." The purpose of Tool 16 in the expansion stage 9106 gives the business unit or CEO a visual indication of its core teclmologies, indicating which core technologies are well covered and which are sparsely covered. The CEO can compare the core technologies map 9208 to the strategic intent ofthe business and identify how well any new product development activity (Research & Development and Marketing) is being managed. In addition, Tool 16 determines what technologies are in the business's patent portfolio. How the
IPAM server works in conjunction with the core technologies map 9208 to aid in the expansion stage 9106 is described next with reference to FIG.104.
In FIG. 104, a flowchart 10400 begins at step 10402. In step 10402, in an embodiment ofthe present invention a user performs a search on the group of all company (or business unit) patents. Here, because the user is just pointing at a broad field, the abstract of each patent is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 10404. In step 10404, the IPAM server takes the group of patents produced in step 10402 and further divides it into subgroups, with each subgroup having the same technology classification. When the search in step 10402 is on the group of U.S. patents, the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office. In a similar manner, if the search in step 10402 is on the group of International patents, then the classification used would be the IPC classification. The IPAM server may store the U.S. Patent Classification (or IPC classification) in a meta-data field that will also need to be searched to determine the technology classification, but is not limited to this. Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to U.S. Patent Classifications are shown in FIGs. 173-185. The present invention is not limited to these exemplary user interfaces. Control then passes to step 10406. In step 10406, the IPAM server is used in conjunction with a core technologies map 9208 to create a graphical representation of similar technologies. Typically, this is done by the user selecting a core technologies function on the computer screen. The core technologies map 9208 produced by Tool 16 (FIG.103) shows the diverse technologies (via U.S. Patent Classifications) that the company's patents cover. The graphical representation in FIG. 103 is a pie chart, which was created using Excel, but is not limited to Excel. In fact, the present invention is not limited to using a pie chart, but could also use radar or spider charts, two or three dimensional graphs, etc.
Referring to FIG. 103, the U.S. Patent Classification 395 represents the most common type of technology that is covered by the company's patents.
Therefore, the technology included in U.S. Patent Classification 395 is well- covered by the company's patents. In contrast, the technology included in U.S. Patent Classification 369 is sparsely-covered by the company's patents.
B. The Mature Stage
FIG. 105 illustrates the core technologies map 9208 facilitating the mature stage 9108 as Tool 24, entitled "Mature Business Core Technologies Map." The purpose of Tool 24 in the mature stage 9108 gives the business unit or CEO a visual indication of its core technologies, indicating which core technologies are well covered and which are sparsely covered. The CEO can compare the core technologies map 9208 to the strategic intent ofthe business and identify how well its intellectual property is being managed. In addition, Tool 24 determines what technologies are in the business's patent portfolio. How the IPAM server works in conjunction with the core technologies map 9208 to aid in the mature stage 9108 is similar to the expansion stage 9106.
C. The Portfolio Review Stage
FIG. 106 illustrates the core technologies map 9208 facilitating the portfolio review stage 201 as Tool 33, entitled "Company's Core Technologies
Portfolio." The purpose of Tool 33 in the portfolio review stage 201 is to provide the user or company with a visual indiction of their core technologies, indicating which technologies are well-covered and which technologies are sparsely- covered. Comparing the core technologies map 9208 to the strategic intent ofthe company identifies which business units are managing their intellectual property and which are not. Also, the core technologies map 9208 tells the company which patents or technologies are in the company's patent portfolio. How the IPAM server works in conjunction with the core technologies map 9208 to aid in the portfolio review stage 9201 is similar to the expansion stage 9106.
V. IPAM Server and Related Markets Map
Referring to FIG. 92, the IPAM server works in conjunction with the related markets map 9210 to facilitate the expansion stage 9106 (as Tool 17), the mature stage 9108 (as Tool 25) and the portfolio stage 9201 (as Tool 34). In general, the related markets map 9210 indicates which market segments can use similar products and services. A. The Expansion Stage
FIG. 107 illustrates the related markets map 9210 facilitating the expansion stage 9106 as Tool 17, entitled "Expanding Business Related Markets Map." The purpose of Tool 17 in the expansion stage 9106 is to identify for the management team the scope and magnitude of incremental new markets for the business unit' s expanding goods, services, and manufacturing processes, weighted by the technical competencies the company possesses. The related markets map 9210 also highlights what other competitors might try and enter their expanding market segment. How the IPAM server works in conjunction with the related markets map 9210 to aid in the expansion stage 9106 is described next with reference to FIG. 108.
In FIG. 108, a flowchart 10800 begins at step 10802. In step 10802, in an embodiment ofthe present invention a user performs a search on the group of all patents and/or applications owned by the user company and/or of interest to the user company. Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 10804. In step 10804, the IPAM server takes the group of patents produced in step 10802 and further divides it into subgroups, with each subgroup having the same technology classification. When the search in step 10802 is on U.S. patents, the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office. In a similar manner, if the search in step 2102 is on the International patents and applications, then the classification used would be the IPC classification. The IPAM server may store the U.S. Patent Classification and IPC classification each as a meta-data field that will also need to be searched to determine the technology classification, but is not limited to this. Control then passes to step 10806. In step 10806, each U.S. and IPC classification determmed by step 10804 is mapped (e.g., via a look-up table in excel) to its related SIC classification. Control then passes to step 10808.
In step 10808, the excel software or other applicable module is used in conj unction with a related markets map 9210 to create a graphical representation of similar industrial markets. Typically, this is done by the user selecting a related market function on the computer screen. The related markets map 9210 produced by Tool 17 (FIG. 107) shows the diverse markets (via SIC Classifications) that apply to the user company's patents. The graphical representation in FIG. 107 is a pie chart. The present invention is not limited to using a pie chart. The flowchart 10800 at this point ends.
Referring to FIG. 107, the related markets map 9210 represents the most common market or industry that the patents are is related to. SIC classification codes are provided by the U.S. Department of Commerce.
B. The Mature Stage
FIG. 109 illustrates the related markets map 9210 facilitating the mature stage 9108 as Tool 25, entitled "Mature Business Related Markets Map." The purpose of Tool 25 in the mature stage 9108 is to identify for the management team the scope and magnitude of incremental new markets for the business unit's maturing goods, services, and manufacturing processes. This is weighted by the technical competencies the company possesses. In addition, the related markets map 9210 shows in what markets the business unit participates, as well as which markets represent additional growth opportunities. How the IPAM server works in conjunction with the related markets map 9210 to aid in the mature stage 9108 is similar to the expansion stage 9106. C. The Portfolio Review Stage
FIG. 110 illustrates the related markets map 9210 facilitating the portfolio review stage 201 as Tool 34, entitled "Company's Related Markets Map." The purpose of Tool 34 in the portfolio review stage 201 is to identify for the management team the scope and magnitude of potential markets for the company's good and services. This is weighted by the technical competencies the company possesses. The related markets map 9210 also shows in what markets the company participates, as well as which markets represent additional growth opportunities. How the IPAM server works in conjunction with the related markets map 9210 to aid in the portfolio review stage 9201 is similar to the expansion stage 9106.
VI. IPAM Server and Patent Activity Chart
Referring to FIG. 92, the IPAM server works in conjunction with the patent activity chart 9212 to facilitate the embryonic stage 9102 (as Tool 2) and the growth stage 9104 (as Tool 9). In general, the patent activity chart 9212 indicates how fast product/use technology is changing.
A. The Embryonic Stage
FIG. Ill illustrates the patent activity chart 9212 facilitating the embryonic stage 9102 as Tool 2, entitled "Embryonic Business Patent Activity Chart." As stated above, a business in the embryonic stage 9102 is generally a start-up company (a couple of people) or a venture unit of a more established company. Typically, the strategic plan of a business in the embryonic stage 9102 includes focusing on a single product line, where the single product line is usually breaking new ground. Therefore, the purpose of Tool 2 is to allow the management team ofthe start-up company or venture unit to direct their general activity to a rate that exceeds the industry average. To achieve such a goal, resources should be hired or partner with other business units (if the case of a venture unit of an established company). The patent activity chart 9212 identifies the speed of change in the business environment surrounding the embryonic venture unit or start-up company. How the IPAM server works, in conjunction with the patent activity chart 9212 to aid in the general management of a business in the embryonic stage, as Tool 2 is described next with reference to FIG. 112. In FIG. 112, a flowchart 11200 begins at step 11202. In step 11202, in an embodiment ofthe present invention a user performs a search on the group of all patents and/or applications owned by the start-up company or venture unit.
Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the technology/art to produce a group of patents. Control passes to step 11204.
In step 11204, the group of patents produced by step 11202 is sorted by year. Typically, step 11204 is initiated by the user selecting a patent activity function on the computer screen. At this point flowchart 11200 ends.
B. The Growth Stage
FIG. 113 illustrates the patent activity chart 9212 facilitating the growth stage 9104 as Tool 9, entitled "Growth Business Patent Activity Chart." The purpose of Tool 9 is to direct the management team ofthe business unit's general activity to a rate that is the fastest in the industry. Resources should be hired, or other units partnered with, to achieve this goal. The patent activity chart 9212 identifies the speed of change in the business environment surrounding the growth business unit. How the IPAM server works in conj unction with the patent activity chart 9212 to aid in the general management of a business in the growth stage 9104 is similar to how it is done in the embryonic stage 9102. VII. IPAM Server and Patent Activity by Company Chart
Referring to FIG. 92, the IPAM server works in conjunction with the patent activity by company chart 9214 to facilitate the expansion stage 9106 (as
Tool 18) and the mature stage 9108 (as Tool 26). In general, the patent activity by company chart 9214 indicates how fast technology is changing with competitors.
A. The Expansion Stage
FIG. 114 illustrates the patent activity by company chart 9214 facilitating the expansion stage 9106 as Tool 18, entitled "Expanding Business Patent Activity by Company Chart." The purpose of Tool 18 is to audit an expected growth in patents, mostly with process patents, in the U.S. The management team knows other companies can view this market as expanding and patent growth as showing as well. This is especially true if there is a corresponding pattern in foreign filings. Competition should be based on Brand and pricing versus technology. If there is a surge of patent activity by someone else, an investigation should be done to ensure that management's expansion will not be interrupted by a breakthrough technology switch-over. The patent activity by company chart 9214 shows the intensity of past effort in the business unit's technologies by themselves and others. How the IPAM server works, in conjunction with the patent activity by company chart 9214 to aid in the general management of a business in the expansion stage 9106 as Tool 18, is described next with reference to FIG. 115
In FIG. 115, a flowchart 11500 begins at step 11502. In step 11502, in an embodiment of the present invention a user performs a search on each technology area ofthe company's patent in each ofthe major foreign countries. The search performed is typically a boolean and/or natural language search on the technology/art. Control passes to step 11504.
In step 11504, the group of patents produced by step 11502 is sorted by assignee/company. Control passes to step 11506. In step 11506, the resulting subgroups from step 11504 are each sorted by year. Typically, step 11506 is initiated by the user selecting a patent activity by company function on the computer screen. At this point flowchart 11500 ends.
B. The Mature Stage
FIG. 116 illustrates the patent activity by company chart 9214 facilitating the mature stage 9108 as Tool 26, entitled "Mature Business Patent Activity by Company Chart. " With Tool 26, the implication is that if there is waning activity, the management team knows others also view this particular market as mature. If the patent activity by company chart 9214 shows a surge of activity by someone else, then an investigation should be done to ensure that the cash flow will not be interrupted by a late technology switch-over. In addition, the patent activity by company chart 9214 shows the intensity of past effort in the business unit's technologies by itself and others. How the IPAM server works in conjunction with the patent activity by company chart 9214 to aid in the general management of a business in the mature stage 9108 is similar to the expansion stage 9106. One exception is that the search is for each technology area ofthe company's patents, and for each major foreign country.
VIII. IPAM Server and Recent Patent Applications Chart
Referring to FIG. 92, the IPAM server works in conjunction with the recent patent applications chart 9216 to facilitate the embryonic stage 9102 (as
Tool 3) and the growth stage 9104 (as Tool 10). In general, the recent patent applications chart 9216 illustrates which other companies are active in the proj ect area.
A. The Embryonic Stage
FIG. 117 illustrates the recent patent applications chart 9216 facilitating the embryonic stage 9102 as Tool 3 , entitled "Embryonic Business Recent Patent
Applications Chart." The implication of Tool 3 is that the business unit's general management knows which other companies are most active in the last several years in the same technology and business as itself. The general management can then look into acquisition, merger, competitive, or complimentary strategies, as appropriate, for the goals ofthe business. The recent patent applications chart
9216 identifies the most recent speed of change, and by which companies, in the business environment surrounding the embryonic business unit. How the IPAM server works in conjunction with the recent patent applications chart 9216 to aid in the growth stage 9104 is described with reference to FIG. 118.
B. The Growth Stage
FIG. 118 illustrates the recent patent applications chart 9216 facilitating the growth stage 9104 as Tool 10, entitled "Growth Business Recent Patent Applications Chart." The implication of Tool 10 is that the business unit's general management knows which other companies are most active in the last several years in the same technology and business as itself. The general management can then look into acquisition, merger, competitive, or complimentary strategies, as appropriate, for the goals ofthe business. The recent patent applications chart 9216 identifies the most recent speed of change, and by which companies, in the business environment surrounding the growth business unit. IX. IPAM Server and Technology by Company Map
Referring to FIG. 92, the IPAM server works in conjunction with the technology by company map 9218 to facilitate the portfolio review stage 9201. FIG. 119 illustrates the technology by company map 9218 facilitating the portfolio review stage 9201 as Tool 35, entitled "Technology by Company Map."
The purpose of Tool 35 in the portfolio review stage 201 is to identify, for the portfolio team, if there is a single company, a few companies, or many companies that are competing in the same areas of technology as the company. This pattern impacts the way in which products are marketed and sold. For technology not needed by the company, the recent patent applications chart 9216 identifies licensing candidates for management. In addition, the recent patent applications chart 9216 shows which patent classifications (technical areas) have been pursued by what companies. How the IPAM server works in conjunction with the technology by company map 9218 to aid in the portfolio review stage 201 is described with reference to FIG. 120.
In FIG. 120, a flowchart 12000 begins at step 12002. In step 12002, in an embodiment of the present invention a user performs a search for a technology /art on the group of all U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. Here, the search performed is typically a boolean and/or natural language search on a technology/art to produce a group of patents. Control passes to step 12004. In step 12004, the IPAM server takes the group of patents produced in step 12002 and further divides it into subgroups, with each subgroup having the same patent classification. When the search in step 12002 is on the group of U.S. patents, the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office. In a similar manner, if the search in step 12002 is on the group of International patents, then the classification used would be the IPC classification. The IPAM server may store the U.S. Patent Classification (or IPC classification) in a meta-data field that will also need to be searched to determine the patent classification, but is not limited to this. Control then passes to step 12006.
In step 12006, each subgroup produced in step 12004 is further divided by assignee/company. Thus, the IPAM server is used in conjunction with a technology by company map 9218 to create a graphical representation of company and technical area by frequency. Typically, this is done by the user selecting a technology by company function on the computer screen. The flowchart 12000 ends at this point.
Referring again to FIG. 119, the chart produced by Tool 35 tells the user several things. First, it shows that companies like AT&T Bell Laboratories and International Business Machines Corporation are active in the area of the technology/art but have a broader set of activity (as represented by several patents in several different patent classifications). Companies, like Westinghouse Electric Corporation, appear to be targeting specific areas (as represented by many patents in one patent classification).
X. IPAM Server and Patent Citation Tree
Referring to FIG. 92, the IPAM server works in conjunction with the patent citation tree 9220 to facilitate the portfolio review stage9201 (as Tool 36). Citation trees are described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other Patents and Applications." In general, the patent citation tree 9220 provides a view of which companies can block and/or circumvent other companies' patents (note that the icons can display dates relevant to the patents in the tree). The invention automatically displays hierarchical maps that connect patents having similar cited references user command. In the map, the greatest gradient represents the highest change and so you can use that as a way to plot the velocity in different directions. For example, it is possible to display and process dates in the nodes ofthe tree. In this case, the contour lines can show the time line for the subject areas, and how fast they are developing. FIG. 121 illustrates the patent citation tree 9220, used in the portfolio review stage 9201, as Tool 36, entitled "Patent Citation Trees." The purpose of Tool 36 in the portfolio review stage 9201 is to provide information to the management team, such that at a glance, the management team can see if other companies are focused in similar areas of technology. The rate of patent growth should be fastest and strongest in the technologies with the highest profitability, best product features, and lowest costs. This pattern guides allocation of resources to the areas of the highest possible returns. The patent citation tree 9220 shows how unique, mature, expansive, and inner-related the technology is that stems from the patent being evaluated. When dates are put in the nodes of the citation tree it also shows the management team how fast moving the various branches ofthe tree are growing. How the IPAM server works in conjunction with the patent citation tree 9220 to aid in the portfolio review stage 9201 is described with reference to FIG. 122.
In FIG. 122, a flowchart 12200 begins at step 12202. In step 12202, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 12204.
In step 12204, the IPAM server takes the group of patents produced in step 12202 and further performs a forward citation on each ofthe patents, that has the same patent class (technology area) of the user company, to create a patent citation tree 9220. Forward citations are described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other Patents and Applications." The nodes in the patent citation tree 9220 may be color coded by assignee to allow the user to pick out color patterns easily. The flowchart 12200 ends at this point.
XI. IPAM Server and Nested Patent Citation Tree
Referring to FIG. 92, the IPAM server works in conjunction with the nested patent citation tree 9222 to facilitate the embryonic stage 9102 (as Tool 4), the growth stage 9104 (as Tool 11) and the expansion stage 9106 (as Tool 19). In general, during the general management of a business, the user company can look at the nested patent citation tree 9222 to predict related technology/markets under exploration by other companies. Patents lag the technology due to the inherent delays in patent prosecution. Thus, if the user finds a very recent patent, it may not have any forward citations since any patents that might cite it are months or years away from issuing. Thus, it would not be possible to see how the technology is developing relative to this patent since it has no forward citations.
This tool utilizes a technique that involves going back one or more generations from a given patent, and then performing forward citations on the prior generations. This identifies a patent family that is a result of a unique combination of backwards and forwards citation processing. The resulting tree tells you who's playing and in what fields that's probably around the base patent. It's an approach to look into the future of a given technology (how the technology may develop in the future). Date contours (or contours according to some other criteria) is also applicable with this tool (and with all hyperbolic trees generated by the invention). A. The Embryonic Stage
FIG. 123 illustrates the nested patent citation tree 9222, used in the embryonic stage 9102, as Tool 4, entitled "Embryonic Business Nested Citation Tree." The purpose of Tool 4 in the embryonic stage 9102 is to provide information to the management team (or CEO) so that it can predict if there are other competing technologies under development so the management team can change its technical and market strategies accordingly. In addition, Tool 4 produces a nested patent citation tree 9222 that shows on which companies the business unit should be a preliminary investigation for possible future marketplace conflicts. How the IPAM server works in conjunction with the nested patent citation tree 9222 to aid in the embryonic stage 9102 is described with reference to FIG. 124.
In FIG. 124, a flowchart 12400 begins at step 12402. In step 12402, in an embodiment ofthe present invention a user performs a search on the group of the user company's patents that address the user company's fastest moving technology areas. These patents may include U.S., European, and Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 12404. In step 12404, the IPAM server determines the prior generation patent of each patent produced in step 12402 (e.g., goes back one citation for each patent). Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to backward citation are shown in FIGs. 163-167. The present invention is not limited to these exemplary user interfaces. Control passes to step 12406.
In step 12406, the IPAM server takes the group of patents produced in step 5002 and further performs three forward citations on each ofthe patents to create a nested patent citation tree 9222. The nodes in the patent citation tree 9224 may be color coded by assignee to allow the user to pick out color patterns easily. The flowchart 12400 ends at this point.
B. The Growth Stage
FIG. 125 illustrates the nested patent citation tree 9222, used in the growth stage 9104, as Tool 11, entitled "Growth Business Nested Citation Tree." The purpose of Tool 11 in the growth stage 9104 is to provide information to the management team (or CEO) so that it can predict if there are possibly other competing technologies and markets under development so the management team can change its technical and market strategies accordingly. In addition, Tool 11 produces a nested patent citation tree 9222 that shows on which companies the business unit's competitive intelligence should do a preliminary investigation for possible future marketplace conflicts and also for potential infringing products and services. How the IPAM server works in conjunction with the nested patent citation tree 9222 to aid in the growth stage 9104 is similar to the embryonic stage 9102.
C. The Expansion Stage
FIG. 126 illustrates the nested patent citation tree 9222, used in the expansion stage 9106, as Tool 19, entitled "Expanding Business Nested Citation Tree." The implication ofthe neatest patent citation tree 9222 in the expansion stage 9106 is that the management team knows early on technical and market areas which are being explored by others so it can change its technical and market strategies accordingly. In addition, Tool 19 produces a nested patent citation tree 9222 that shows on which companies the business unit's competitive intelligence should do a preliminary investigation for possible future marketplace conflicts in various foreign countries, and also for potential infringing products and services. How the IPAM server works in conjunction with the nested patent citation tree 9222 to aid in the expansion stage 9106 is similar to the embryonic stage 9102.
XII. IPAM Server and Product/Patent/Revenue Table
In FIG. 92, the IPAM server works in conjunction with the product/patent/revenue table 9222 to facilitate the embryonic stage 9102 (as Tool
5), the growth stage 9104 (as Tool 12), the expansion stage 9106 (as Tool 20), the mature stage 9108 (as Tool 27) and the portfolio review stage 9201 (as Tool 37). In general, the product/patent/revenue table 9222 shows which products, and their revenue stream size, are protected by patents.
A. The Embryonic Stage
FIG. 127 illustrates the product/patent/revenue table 9224, used in the embryonic stage 9102, as Tool 5, entitled "Embryonic Business Product/Patent/Revenue Table." The purpose of Tool 5 is to allow the management team see at a glance which patents are protecting the business' revenue streams and which are not. Those not protecting revenue for the user company may be subject to a decision to license out, donate, or abandon. In general, the product/patent/revenue table 9224 produced by Tool 5 shows for each patent how much ofthe business unit's sales revenue is being covered. How the IPAM server works in conjunction with the product/patent/revenue table 9224 to aid in the embryonic stage 9102 is described with reference to FIG. 128.
In FIG. 128, a flowchart 12800 begins at step 12802. In step 12802, in an embodiment of the present invention a user performs a search on the group of company documents and patents, but is not limited to this. This typically involves a boolean and/or natural language search on the product, use and/or technology to produce a group of documents and patents. Control passes to step
12804. In step 12804, the IPAM server integrates financial information from the user company's book, with its manufacturing tracking system, and each patent (produced from step 12802) to produce the product/patent/revenue table 9224. At this point, flowchart 12800 ends.
B. The Growth Stage
FIG. 129 illustrates the product/patent/revenue table 9224, used in the growth stage 9104, as Tool 12, entitled "Growth Business Product/Patent/Revenue Table." The purpose of Tool 12 is to allow the management team see at a glance which patents are protecting the business' revenue streams and which are not. Those not protecting revenue for the user company may be subject to a decision to license out, donate, or abandon. Those that are protecting the business' revenue streams are sent to marketing and Research & Development for strengthening ofthe patent fence. How the IPAM server works in conjunction with the product/patent/revenue table 9224 to aid in the growth stage 9104 is similar to the embryonic stage 9102.
C. The Expansion Stage
FIG. 130 illustrates the product/patent/revenue table 9224, used in the expansion stage 9106, as Tool 20, entitled "Expanding Business Product/Patent/Revenue Table." The purpose of Tool 20 is to allow the management team see at a glance which patents are protecting the business' revenue streams and which are not. Highly profitable products not protected in any particular country revenue are sent to marketing and Research & Development for strengthening ofthe patent fence. Patents covering marginally profitable or growing products are subject to a decision to license out, donate, or abandon on a country by country basis. In addition, the product/patent/revenue table 9224 shows for each patent how much ofthe business unit's sales revenue is being covered by each country in which the unit operates. How the IPAM server works in conjunction with the product/patent/revenue table 9224 to aid in the expansion stage 9106 is similar to the embryonic stage 9102.
D. The Mature Stage
FIG. 131 illustrates the product/patent/revenue table 9224, used in the mature stage 9108, as Tool 27, entitled "Mature Business Product/Patent/Revenue Table." The purpose of Tool 27 is to allow the management team see at a glance which patents are protecting the business' revenue streams and which are not. Patents not protecting revenue are subject to a decision to license out, donate, or abandon. In addition, the product/patent/revenue table 9224 shows for each patent how much ofthe business unit's sales revenue is being covered. How the IPAM server works in conjunction with the product/patent/revenue table 9224 to aid in the mature stage 9108 is similar to the embryonic stage 9102.
E. The Portfolio Review Stage
FIG. 132 illustrates the product/patent/revenue table 9224, used in the portfolio review stage 9201, as Tool 37, entitled "Company's Product/Patent/Revenue Table." The purpose of Tool 37 is to allow the management team see at a glance which patents are protecting the business' revenue streams and which are not. Patents not protecting revenue are subject to a decision to license out, donate, or abandon. In addition, the product/patent/revenue table 9224 shows for each patent how much of the business unit's sales revenue is being covered. How the IPAM server works in conjunction with the product/patent/revenue table 9224 to aid in the portfolio review stage 9201 is similar to the embryonic stage 9102. XIII. IPAM Server and Document Annotation
FIG. 92 illustrates that the IPAM server works in conjunction with the document annotation 9226 to facilitate the embryonic stage 9102 (as Tool 6), the growth stage 9104 (as Tool 13), the expansion stage 9106 (as Tool 21), the mature stage 9108 (as Tool 28) and the portfolio review stage 9201 (as Tool 38).
In general, the document annotation allows for immediate, linked, searchable documentation of facts and ideas.
A. The Embryonic Stage
FIG. 133 illustrates the document annotation 9226, used in the embryonic stage 9102, as Tool 6, entitled "Embryonic Business Document Annotations."
The purpose of Tool 6 in the embryonic stage 9102 is to expedite individual analysis activities, improve the efficiency of management team review meetings, as well as expedient patent preparation, filing, licensing, and litigation. In addition, the document annotation 9226 allows for annotations to document how each patent being added to the portfolio may be related to technology developments, geographic decisions to file in foreign countries to support later stage business expansion, new products, and marketing information. It is also used to document infringing activities of others. How the IPAM server works in conjunction with the document annotation 9226 to aid in the embryonic stage 9102 is described next with reference to FIG. 134.
In FIG. 134, a flowchart 13400 begins at step 13402. In step 13402, in an embodiment ofthe present invention a user performs a search on the groups of patents and corporate documents, but is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents and/or corporate documents. Control passes to step 13404. In step 13404, the IPAM server allows the user to make annotations on one or more ofthe patents and/or corporate documents in the group produced by step 13402. Flowchart 13400 ends at this point.
B. The Growth Stage
FIG. 135 illustrates the document annotation 9226, used in the growth stage 9104, as Tool 13, entitled "Growth Business Document Annotations." The purpose of Tool 13 in the growth stage 9104 is to expedite individual analysis activities, improve the efficiency of management team review meetings, as well as expedient patent preparation, filing, licensing, and litigation. In addition, the document annotation 9226 allows for annotations to document how each patent being added to the portfolio may be related to technology developments, geographic decisions to file in foreign countries to support later stage business expansion, new products, data sheets, and other marketing information. It is also used to document infringing activities of others. How the IPAM server works in conjunction with the document annotation 9226 to aid in the growth stage 9104 is similar to the embryonic stage 9102.
C. The Expansion Stage
FIG. 136 illustrates the document annotation 9226, used in the expansion stage 9106, as Tool 21, entitled "Expansion Business Document Annotations." The purpose of Tool 21 in the expansion stage 9106 is to expedite individual analysis activities, improve the efficiency of management team review meetings, as well as expedient patent preparation, filing, licensing, and litigation. In addition, the document annotation 9226 allows for annotations to document how each patent being added to the portfolio may be related to technology developments, geographic decisions to file in foreign countries, products, data sheets, press releases, and other marketing and sales information. It is also used to document infringing activities of others. How the IPAM server works in conjunction with the document annotation 9226 to aid in the expansion stage 9106 is similar to the embryonic stage 9102.
D. The Mature Stage
FIG. 137 illustrates the document annotation 9226, used in the mature stage 9108, as Tool 28, entitled "Expansion Business Document Annotations." The purpose of Tool 28 in the mature stage 9108 is to expedite individual analysis activities, improve the efficiency of management team review meetings, as well as expedient patent licensing and litigation. In addition, the document annotation 9226 allows for annotations to document how each patent may be related to past technology developments, geographic decisions to file in foreign countries, products, data sheets, press releases, and other marketing and sales information. How the IPAM server works in conjunction with the document annotation 9226 to aid in the mature stage 9108 is similar to the embryonic stage 9102.
E. The Portfolio Review Stage
FIG. 138 illustrates the document annotation 9226, used in the portfolio review stage 9201, as Tool 38, entitled "Document Annotations." The purpose of Tool 38 in the portfolio review stage 9201 is to allow for pre-meeting recorded, indexed knowledge to be used to expedite patent portfolio review meetings. In addition, the document annotation 9226 allows for annotations to document how each patent and trade secret fits into the overall portfolio. How the IPAM server works in conjunction with the document annotation 9226 to aid in the portfolio review stage 9201 is similar to the embryonic stage 9102. XIV. IPAM Server and Time Remaining on Patents Chart
Referring to FIG.92, the IPAM server works in conjunction with the time remaining on patents chart 9228 to facilitate the embryonic stage 9102 (as Tool 7), the growth stage 9104 (as Tool 14), the expansion stage 9106 (as Tool 22), the mature stage 9108 (as Tool 29) and the portfolio review stage 9201 (as Tool 39).
In general, during the general management of a business, the user company can look at the time remaining on patents chart 9228 to see how long the company's art is protected by patents.
A. The Embryonic Stage
FIG. 139 illustrates the time remaining on patents chart 9228, used in the embryonic stage 9102, as Tool 7, entitled "Time Remaining on Embryonic Business' Patents." The implication ofthe time remaining on patents chart 9228 in the embryonic stage 9102 is to show the business unit team which technologies have lots of life left in them (e.g., which patents protecting these technologies have long patent terms left) and will protect the cash flow ofthe growth business for each product for years to come. The time remaining on patents chart 9228 also shows which patents are about to expire and therefore will potentially allow competitors to erode margins. Planning for such events, the general manager (or CEO) can decide which products and technologies to promote and which to dismiss. For an embryonic business to succeed the patents should be young (have many years on their patent terms). The time remaining on patents chart 9228 also shows the age of each ofthe business unit's patents. How the IPAM server works in conjunction with the time remaining on patents chart 9228 to aid in the embryonic stage 9102 is described next with reference to FIG. 140. In FIG. 140, a flowchart 14000 begins at step 14002. In step 14002, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents owned by the business unit. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 14004. In step 14004, the IPAM server sorts the patents in the resulting group from step 14002 by years to expire. Typically, step 14004 is initiated by the user selecting a time remaining on patents function on the computer screen. At this point flowchart 14000 ends.
B. The Growth Stage
FIG. 141 illustrates the time remaining on patents chart 9228, used in the growth stage 9104, as Tool 14, entitled "Time Remaining on Growth Business' Patents." The implication of the time remaining on patents chart 9228 in the growth stage 9104 is to show the business unit team which technologies have lots of life left in them (e.g., which patents protecting these technologies have long patent terms left) and will protect the cash flow ofthe growth business for each product for years to come. The time remaining on patents chart 9228 also shows which patents are about to expire and therefore will potentially allow competitors to erode margins. Planning for such events, the general manager (or CEO) can decide which products and technologies to promote and which to dismiss. The time remaining on patents chart 9228 also shows the age of each ofthe business unit's patents. How the IPAM server works in conjunction with the time remaining on patents chart 9228 to aid in the growth stage 9104 is similar to the embryonic stage 9102.
C. The Expansion Stage
FIG. 142 illustrates the time remaining on patents chart 9228, used in the expansion stage 9106, as Tool 22, entitled "Time Remaining on Expanding Business' Patents." The implication ofthe time remaining on patents chart 9228 in the expansion stage 9106 is to show the business unit team which technologies have lots of life left in them (e.g., which patents protecting these technologies have long patent terms left) and will protect the cash flow ofthe growth business for each product for years to come. The time remaining on patents chart 9228 also shows which patents are about to expire and therefore will potentially allow competitors to erode margins, or prevent profitable market penetration in a foreign country. Planning for such events, the general manager (or CEO) can decide which market segments and which countries to enter for growth. The time remaining on patents chart 9228 also shows the age of each of the business unit' s patents. How the IPAM server works in conjunction with the time remaining on patents chart 9228 to aid in the expansion stage 9106 is similar to the embryonic stage 9102.
D. The Mature Stage
FIG. 143 illustrates the time remaining on patents chart 9228, used in the mature stage 9108, as Tool 29, entitled "Time Remaining on Mature Business' Patents." The implication of the time remaining on patents chart 9228 in the mature stage 9108 is to show the business unit team which technologies have lots of life left in them (e.g., which patents protecting these technologies have long patent terms left) and will protect the cash flow ofthe growth business for each product for years to come. The time remaining on patents chart 9228 also shows which patents are about to expire and therefore will potentially allow competitors to erode margins. Planning for such events, the general manager (or CEO) can decide whether to invest in incremental product or process technology, and/or brand building activities to sustain the cash flow. The time remaining on patents chart 9228 also shows the age of each of the business unit's patents. How the IPAM server works in conjunction with the time remaining on patents chart 9228 to aid in the mature stage 9108 is similar to the embryonic stage 9102. E. The Portfolio Review Stage
FIG. 144 illustrates the time remaining on patents chart 9228, used in the portfolio review stage 9201, as Tool 39, entitled "Time Remaining on Patent Portfolio." The implication ofthe time remaining on patents chart 9228 in the portfolio review stage 9201 is to show the portfolio team which technologies are young and worthy of investment, and which are about to expire. Where a patent is about to expire, the general manager must decide whether to re-invest in the business or run it as a cash flow. The time remaining on patents chart 9228 also shows the age of each ofthe business unit's patents. How the IPAM server works in conjunction with the time remaining on patents chart 9228 to aid in the portfolio review stage 9201 is similar to the embryonic stage 9102. The merger and acquisition feature ofthe present invention will be described next.
MERGER ACQUISITION PROCESS
In the present invention, the IPAM server may be used in conjunction with the tools and methodology to aid in all stages ofthe merger and acquisition process. In the present invention, the IPAM server may be used in conjunction with the tools and methodologies to aid in the merger and acquisition process.
FIG. 147 is an example overview ofthe tools that map to each stage in the merger and acquisition process. The mapping provided in FIG. 147 is presented for illustration purposes only. Other uses and applications ofthe invention will be apparent based on the teachings contained herein. These tools or methods include
(when they are incorporated with IPAM server), but are not limited to, a topographic map 14702, a technology classification 14704, a SIC classification
14706, a radar diagram 14708, a patent citation tree 14710, a citation root tree 14712, a citation count report 14714, a citation frequency graph 14716, a citation frequency report 14718, a patent count/year 14720, an application count/year
14722, a patent aging graph 14724, a U.S. primary class/subclass 14726, an international patent class 14728, an assignee patent count report by primary class/subclass 14730, a patent count graph by number of patents 14732, a top assignees primary class/subclass by percent of total 14734, a months to issue patents 14736, a features grouping 14738, a document annotation 14740, an inventor patent count/assignee 14742, an inventor patent count graph 14744, and inventor data 14746.
FIG. 147 also shows a legend 14701. The legend 14701 indicates what each tool is most useful for in the merger and acquisition process. The four uses include: strategic fit (indicated by a diamond), reward (indicated by a dollar sign), risk (indicted by an hour glass) and capability (indicated by a solid circle). FIG.
147 shows that the tools most useful to determine strategic fit include the topographic map 14702, the technology classification 14704, the SIC classification 14706, the radar diagram 14708, the patent citation tree 14710 and the U.S. primary class/subclass 14726. The tools most useful to determine reward include the citation count report 14714, the citation frequency graph
14716, the citation frequency report 14718, the international patent class 14728 and the top assignees primary class/subclass by percent of total 14734. The tools most useful to determine risk include the citation root tree 14712, the patent aging graph 14724, the assignee patent count report by primary class/subclass 14730, the patent count graph by number of patents 14732, the months to issue patents
14736 and the features grouping 14738. Finally, the tools most useful to determine capability include the patent count/year 14720, the application count/year 14722, the document annotation 14740, the inventor patent count/assignee 14742, the inventor patent count graph 14744 and the inventor data 14746. The tools or methods ofthe present invention are not limited to its respective use mentioned above. Why each of these tool/methods are most useful for its respective use will be apparent as the tools/method are described below.
The following describes each tool or method and how it may be combined with the IPAM server to aid in the merger and acquisition process. As each of these tools or methods are described below, an exemplary graphical presentation may be used. It should be noted that the particular exemplary graphical presentation used is for convenience purposes only and the invention is not limited to that particular graphical presentation. For example, a bar chart can be also implemented as a pie chart, radar or spider charts, two or three dimensional graphs, etc., and vice versa.
At times the present invention relates to a portfolio. Although the present invention is described with reference to a patent portfolio, the present invention is not limited to patents. In fact, the present invention applies to any item that another party may take a license for, including trademarks, software programs, know-how (e.g., trade secrets) and so forth.
The same tool may be used in different ways to facilitate different stages in the merger and acquisition process. Other uses of tools will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein.
I. IPAM Server and the Topographic Map
Referring to FIG. 147, the IPAM server incorporates the topographic map
14702 to facilitate the identify targets stage 14602 (as Tool 1), the evaluate/analyze stage 14604 (as Tools 1, 2, 3 and 3a), and the negotiation stage 14608 (as Tools 2, 3 and 3a). FIG. 203 illustrates the topographic map 14702 facilitating the identify targets stage 14602 and the evaluate/analyze stage 14604 as Tool 1, entitled "Topographic Map Company A Patents."
Tool 1 and the Identify Targets Stage and the Evaluate/Analyze Stage
In FIG. 148, the topographic map 14702 as Tool 1 is shown. The purpose of Tool 1 in the identify targets stage 14602 and the evaluate/analyze stage 14604 is to use the topographic map 14702 to show dominance or area of focus of Company A' s portfolio and the distinguishing area of patent concentration. In an embodiment ofthe present invention, all subsidiaries of Company A are provided by searching the Edgar database or by the competitive intelligence department. In one embodiment of the present invention, Tool 1 uses Cartia's ThemeScape to create the topographic map 14702 and thus create conceptual visualizations of dominance or area of focus. The x-y plane shows related concepts in relative proximity. In the z-axis, forming mountains and valleys, is the frequency of concepts represented in the patent group. How the IPAM server works in conjunction with the topographic map 14702 to aid in the identify targets stage 14602 and the evaluate/analyze stage 14604 is described next with reference to FIG. 149. Typically, Tool 1 is initiated by the user selecting a topographic map function on the computer screen.
In FIG. 149, a flowchart 14900 begins at step 14902. In step 14902, in an embodiment of the present invention a user performs a search on U.S. patents portfolio to identify products, uses and technologies covered in Company A's patent portfolio. Here, because the user is just pointing at a broad field, the abstract of each patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents (this is also true for all of the searches discussed herein). Here, the search performed is typically, but is not limited to, a boolean and/or natural language search on the product, use and/or technology to produce a group of patents that identify products, uses and/or technologies covered in Company A's patent portfolio. The user interface of the IPAM server is described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other Patents and Applications." For illustration, FIGs. 264-267 each show an exemplary screen shot of the IPAM server's user interface relating to the boolean and/or natural language search described herein. The present invention is not limited to these exemplary screen shots. Control then passes to step 14904.
In step 14904, the IPAM server is used to produce a topographic map
14702 having a map with contours and labels indicating areas related to the products, uses and/or technologies searched in step 14902. Here, the group of patents produced in step 14902 is further divided into subgroups, with each subgroup relating to a different product, use and/or technology. Typically, this is done by the user selecting a topographic map function on the computer screen. The topographic map 14702 produced by Tool 1 (FIG. 203) shows the pattern of subjects of all ofthe patents produced in step 14902 (e.g., shows products, uses and/or technologies covered by Company A's patent portfolio). Labels on the topographic map 14702 indicate the products, uses and/or technologies, and the contours indicate how many U.S. patents exist for each subgroup area. The topographic map 14702 shows dominance or areas people are focusing on. Control then passes to step 14906.
In step 14906, the user company studies the topographic map 14702 produced by Tool 1 and determines whether the exact area of the product, use and/or technology is included in the topographic map 14702. If the outcome to step 14906 is positive, then control passes to step 14910. Alternatively, control passes to step 14908.
In step 14908, an area related to the product, use and/or technology was not included in the topographic map 14702. Here, the user can determine if another area that is shown in the topographic map 14702 is worth further exploration. Control then passes to step 14910. In step 14910, the user selects the contour (or label) of interest in the topographic map 14702. This is typically done by the user "clicking" on the contour of interest. Control then passes to step 14912.
In step 14912, the IPAM server processes the subgroup of U.S. patents that are included in the contour of interest indicated by the user in step 14910. Again, topographic map 14702 is displayed with contours, but this time the topographic map 14702 is more specific to exactly the user's contour (or area) of interest. Now, the topographic map 14702 shows the different types of products, uses and/or technologies that are in the contour of interest. At this point, the user may use the IPAM server as described in detail in the applications and patents referenced above in the section entitled "Cross-Reference to Other Patents and Applications." Here, flowchart 14900 ends.
B . Tool 2 and the Evaluate/Analyze Stage and the Negotiation Stage
In FIG. 150, the topographic map 14702 as Tool 2 is shown. The purpose of Tool 2 in the evaluate/analyze stage 14604 and the negotiation stage 14608 is to use the topographic map 14702 to show dominance of Company B's (e.g., other company that Company A is considering either a merger with or acquisition of) portfolio and the distinguishing area of patent concentration. It also shows the "white space" between various technologies and uses that could be the basis of post-merger business development. In an embodiment ofthe present invention, all subsidiaries of Company B are provided by searching the Edgar database or by the competitive intelligence department. How the IPAM server works in conjunction with the Tool 2 is similar to Tool 1.
C. Tool 3 and the Evaluate/Analyze Stage and the Negotiation Stage
In FIG. 151 , the topographic map 14702 as Tool 3 is shown. The purpose of Tool 2 in the evaluate/analyze stage 14604 and the negotiation stage 14608 is to use the topographic map 14702 to show concept relationship of each party's (Company A' s and Company B ' s) patents, and distinguishes if the patents overlap or compliment each other. Tool 3 determines if the merger will allow for growth in an existing or new area. This forms the basis for a favorable/unfavorable recommendation during the evaluate/analyze stage 14604 and moves the valuation up or down in the negotiation stage 14608. How the IPAM server works in conjunction with Tool 3 is similar to Tool 1, as described above with reference to FIG. 149. Here, the search is done by each company name to distinguish patent concentration of combined portfolio, maps are printed for each search done, and transparencies are printed to show overlap or compliment of portfolios. The search is performed to produce patents of both Company A and Company B.
D . Tool 3 a and the Evaluate/ Analyze Stage and the Negotiation Stage
In FIG. 209, the topographic map 14702 as Tool 3 a is shown. The purpose of Tool 3a in the evaluate/analyze stage 14604 and the negotiation stage
14608 is to use the topographic map 14702 to show dominance or area of technology focus of Company A' s industry and the distinguishing areas of patent concentration in the competitive landscape. How the IPAM server works in conjunction with Tool 3 a is similar to Tool 1.
II. IPAM Server and Technology Classification
Referring to FIG. 152, the IPAM server works in conjunction with the technology classification 14704 to facilitate the identify targets stage 14602 and the evaluate/analyze stage 14604 as Tool 17. In general, the technology classification 14704 identifies technologies in a company's patent portfolio. FIG. 152 illustrates the technology classification 14704 facilitating the identify targets stage 14602 and the evaluate/analyze stage 14604 as Tool 17, entitled "Technology Classification." The purpose of Tool 17 in the identify targets stage 14602 and the evaluate/analyze stage 14604 is to give Company B a visual indication of Company A's core technologies, indicating which are well covered and which are sparse. Comparing this chart to the strategic intent of
Company B, it identifies technologies to have the research and development department build upon to make more robust, and which technologies to license out to create more value for the proposed merger. How the IPAM server works in conjunction with the technology classification 14704 to aid in the identify targets stage 14602 and the evaluate/analyze stage 14604 is described next with reference to FIG. 153. Typically, Tool 17 is initiated by the user selecting a technology classification function on the computer screen.
In FIG.153, a flowchart 15300 begins at step 15302. In step 15302, in an embodiment ofthe present invention a user performs a search on the group of all Company A's patents. Here, because the user is just pointing at a broad field, the abstract of each patent is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 15304. In step 15304, the IPAM server takes the group of patents produced in step 15302 and further divides it into subgroups, with each subgroup having the same technology classification. When the search in step 15302 is on the group of U.S. patents, the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office. In a similar mamier, if the search in step 15302 is on the group of International patents, then the classification used would be the IPC classification. The IPAM server may store the U.S. Patent Classification (or IPC classification) in a meta-data field that will also need to be searched to determine the technology classification, but is not limited to this. Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to U.S. Patent Classifications are shown in FIGs.
286-209. The present invention is not limited to these exemplary user interfaces. Control then passes to step 15306.
In step 15306, the IPAM server is used in conjunction with a technology classification 14704 to create a graphical representation of similar technologies. The technology classification 14704 produced by Tool 17 (FIG. 207) shows the diverse technologies (via U.S. Patent Classifications) that Company A's patents cover. The graphical representation in FIG.207 is a pie chart, which was created using Excel, but is not limited to Excel. In fact, the present invention is not limited to using a pie chart, but could also use radar or spider charts, two or three dimensional graphs, etc. Referring to FIG. 152, the U.S. Patent Classification 395 represents the most common type of technology that is covered by Company A's patents. Therefore, the technology included in U.S. Patent Classification 395 is well- covered by Company A's patents. In contrast, the technology included in U.S. Patent Classification 369 is sparsely-covered by Company A's patents.
III. IPAM Server and the SIC Classification
Referring to FIG. 147, the IPAM server works in conjunction with the SIC classification 14706 to facilitate the evaluate/analyze stage 14604 as Tool 18. In general, the SIC classification 14706 indicates which market segments can use the products and services.
FIG. 154 illustrates the SIC classification 14706 facilitating the evaluate/analyze stage 14604 as Tool 18, entitled "SIC Classification." The purpose of Tool 18 in the evaluate/analyze stage 14604 is to identify the scope and magnitude of potential competitors and licensees of patents ofthe proposed merger. Tool 18 shows what markets are, might be using, or interested in, the
Company A' s patent portfolio. How the IPAM server works in conjunction with the SIC classification 14706 to aid in the evaluate/analyze stage 14604 is described next with reference to FIG. 155. Typically, Tool 18 is initiated by the user selecting a SIC classification function on the computer screen. In FIG. 155, a flowchart 15500 begins at step 15502. In step 15502, in an embodiment ofthe present invention a user performs a search on the group of all patents and/or applications owned by Company A and/or of interest to Company A. Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 15504. In step 15504, the IPAM server takes the group of patents produced in step 15502 and further divides it into subgroups, with each subgroup having the same technology classification. When the search in step 15502 is on U.S. patents, the classification used is the U.S. Patent Classification designated by the U.S. Patent and Trademark Office. SIC classification codes are provided by the U.S.
Department of Commerce. In a similar manner, if the search in step 2102 is on the International patents and applications, then the classification used would be the IPC classification. The IPAM server may store the U.S. Patent Classification and IPC classification each as a meta-data field that will also need to be searched to determine the technology classification, but is not limited to this. Control then passes to step 15506.
In step 15506, each U.S. and IPC classification determined by step 15504 is mapped (e.g., via a look-up table) to its related SIC classification. Control then passes to step 15508. In step 15508, the IPAM server is used in conjunction with a SIC classification 14706 to create a graphical representation of similar industrial markets. Typically, this is done by the user selecting a related market function on the computer screen. The SIC classification 14706 produced by Tool 18 (FIG. 209) shows the diverse markets (via SIC Classifications) that apply to Company A' s patents. The graphical representation in FIG. 209 is a pie chart. The present invention is not limited to using a pie chart. The flowchart 15500 at this point ends.
IV. IPAM Server and the Radar Diagram
Referring to FIG. 147, the IPAM server works in conjunction with the radar diagram 14708 to facilitate the identify targets stage 14602 and the evaluate/analyze stage 14604 as Tool 26. In general, the radar diagram 14708 identifies technology synergy of merger. FIG. 156 illustrates the radar diagram 14708 facilitating the identify targets stage 14602 and the evaluate/analyze stage 14604 as Tool 26, entitled "Radar Diagram. " The purpose of Tool 26 is to provide Company B with a visual indication ofthe technology overlap and for synergy in a possible merge. How the IPAM server works in conjunction with the radar diagram 14708 to aid in the identify targets stage 14602 and the evaluate/analyze stage 14604 is described next with reference to FIG. 157. Typically, Tool 26 is initiated by the user selecting a radar diagram function on the computer screen.
In FIG. 157, a flowchart 15700 begins at step 15702. In step 15702, in an embodiment ofthe present invention a user performs a search on the group of all Company A's and Company B's patents. The search performed is typically a boolean and/or natural language search on the primary class designation to produce a group of patents. Control passes to step 15704.
In step 15704, the group of patents that resulted from step 15702 are sorted by assignee (to separate Company A' s and Company B's patents). Control passes to step 15706.
In step 106, the IPAM server is used in conjunction with radar diagram 14708 to create a graphical representation of technology synergy of merger. Flowchart 15700 ends at this point.
V. IPAM Server and Patent Citation Tree
Referring to FIG. 147, the IPAM server works in conjunction with the patent citation tree 14710 to facilitate the evaluate/analyze stage 14604 (as Tools 8a and 8c), the due diligence stage 14606 (as Tools 8a and 8c) and the negotiation stage 14608 (as Tools 8a, 8b and 8c). Citation trees are described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other Patents and Applications." In general, the patent citation tree 14710 provides a view of which companies can block and/or circumvent other companies' patents (note that the icons can display dates relevant to the patents in the tree). The invention automatically displays contour maps that connect patents having the same dates, assignees, classifications, etc., upon user command. In the map, the greatest gradient is the highest change and so you can use that as a way to plot the velocity in different directions. Thus, the contour lines can show the time line for the subject areas, and how fast they are developing.
A. Tool 8a and the Evaluate/Analyze Stage, the Due Diligence Stage, and the Negotiation Stage
FIG. 158 illustrates the patent citation tree 14710, used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608, as Tool 8a, entitled "Patent Citation Tree Backward or Forward by Assignee." The purpose of Tool 8a is to identify which patents might act as prior art to later inventions. These need to be investigated in the evaluate/analyze stage 14604 and in the due diligence stage 14606. The nodes ofthe tree can also be color coded with red to indicate a license to practice is needed, yellow to indicate freedom to practice is application dependent, and green to show complete freedom to practice. Other colors, "box" shapes or icons, or icons associated with the boxes, etc., to indicate freedom to practice may also be used. These freedom- to-practice diagrams may be used in the negotiation phase to indicate value, along with the complexity ofthe prior art relationship shown by the inherent structure ofthe tree. How the IPAM server works in conjunction with the patent citation tree 14710 to aid in the the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 is described with reference to FIG. 159. Typically, Tool 8a is initiated by the user selecting a patent citation tree function on the computer screen.
In FIG. 159, a flowchart 15900 begins at step 15902. In step 15902, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. Here, the search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 15904.
In step 15904, the IPAM server takes the group of patents produced in step 15902 and further performs a forward citation on each ofthe patents, that has the same patent class (technology area) ofthe user company, to create a patent citation tree 159710. Forward citations are described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other
Patents and Applications." The nodes in the patent citation tree 159710 may be color coded (or indicated by another means) by assignee to allow the user to pick out color patterns easily. The flowchart 15900 ends at this point.
B. Tool 8b and the Negotiation Stage
FIG. 160 illustrates the patent citation tree 14710, used in the negotiation stage 14608, as Tool 8b, entitled "Patent Citation Tree." In general, the purpose of Tool 8b is to show which companies were free-to-practice and which were not free-to-practice the art in question. When the nodes of the patent citation tree 14710 are color coded for freedom-to-practice (red-yellow-green), it shows which companies must take a license to the patent(s).
This is a powerful visualization tool for the negotiation team. It shows the other side the depth ofthe analysis and the value ofthe patent under discussion. The patent citation tree 14710 also identifies for the negotiation team how fast the technical area is moving and how many companies are involved. In addition, it visually shows the uniqueness of the patent under discussion, and from the richness of the tree, how valuable it is. How the IPAM server works in conjunction with Tool 8b is similar to Tool 8a, as described above. Here, the patent citation tree 14710 is created by running the forward citation analysis for key patents which will transfer as part ofthe merger.
C. Tool 8c and the Evaluate/ Analyze Stage, the Due Diligence Stage, and the Negotiation Stage
FIG. 161 illustrates the patent citation tree 14710, used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608, as Tool 8c, entitled "Patent Citation Tree." The purpose of Tool 8c is to allow the merger and acquisition team to see, at a glance, if other companies are focused in a specific effort to work in just one branch ofthe technology, or are working in many areas. Companies working in many areas will be good candidates for a post-merger assertion and license out analysis. This can generate a cash flow stream to help justify the merger deal. Where cited patents are from either merger company, the nodes ofthe tree may be color coded or marked with an icon or box shape, etc., so that the merger and acquisition team can see at a glance the strength ofthe combined "picket fence" the merger will create.
In addition, the patent citation tree 14710 produced by Tool 8c shows how unique, mature, expansive, and inner-related the technology is that stems from the patent being evaluated. When dates are put in the nodes, it also shows the merger and acquisition team how fast moving the various branches of the tree are growing. How the IPAM server works in conjunction with Tool 8c is similar to
Tool 8a, as described above. Here, the patent citation tree 14710 is created by running the forward citation analysis for key patents which will transfer as part ofthe merger.
VI. IPAM Server and Citation Root Tree
Referring to FIG. 147, the IPAM server works in conjunction with the citation root tree 14712 to facilitate the evaluate/analyze stage 14604 (as Tool 10b), the due diligence stage 14606 (as Tools 10a and 10b) and the negotiation stage 14608 (as Tools 10a and 1 Ob). Nested patent citation trees (or citation root trees) are described in detail in the patent and applications referenced above in the section entitled "Cross-Reference to Other Patents and Applications. " In general, during the merger and acquisition process, the user company can look at the citation root tree 14712 to predict related technology/markets under exploration by other companies. Patents lag the technology due to the inherent delays in patent prosecution. Thus, if the user finds a very recent patent, it may not have any forward citations since any patents that might cite it are months or years away from issuing. Thus, it would not be possible to see how the technology is developing relative to this patent since it has no forward citations.
This tool utilizes a technique that involves going back one or more generations from a given patent, and then performing forward citations on the prior generations. This identifies a patent family that is a result of a unique combination of backwards and forwards citation processing. The resulting tree . indicates who is involved, and which fields are probably around the base patent.
It' s an approach to look into the future of a given technology (how the technology may develop in the future). Date contours (or contours according to some other criteria) is also applicable with this tool (and with all hyperbolic trees generated by the invention).
A. Tool 10a and the Due Diligence Stage and the Negotiation Stage
FIG. 162 illustrates the citation root tree 14712, used in the due diligence stage 14606 and the negotiation stage 14608, as Tool 10a, entitled "Citation Root-Tree." The purpose of Tool 10a is to show which other companies are pursuing similar technology. The citation root tree 14712 identifies how fast the technical area is moving and how many companies are involved. These companies must be evaluated further by the merger and acquisition team to determine the level ofthe opportunity or threat these closely linked companies represent to the merger. In addition, the citation root tree 14712 identifies if these inventions occurred in the same patent class/subclass or in a different area. Current year versus the most cited patent identifies the most current development work building off of the same technology. How the IPAM server works in conjunction with the citation root tree 14712 to aid in the due diligence stage 14606 and the negotiation stage 14608 is described next with reference to FIG.
163. Typically, Tool 10a is initiated by the user selecting a citation root tree function on the computer screen.
In FIG. 163, a flowchart 16300 begins at step 16302. In step 16302, in an embodiment ofthe present invention a user performs a search on the group ofthe user company's patents that address the user company's fastest moving technology areas. These patents may include U.S., European, and Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 16304. In step 16304, the IPAM server determines the prior generation patent of each patent produced in step 16302 (e.g., goes back one citation for each patent). Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to reverse citation are shown in FIGs.276-280. The present invention is not limited to these exemplary user interfaces. Control passes to step 16306.
In step 16306, the IPAM server takes the group of patents produced in step 16304 and further performs three forward citations on each ofthe patents to create a citation root tree 14712. The nodes in the citation root tree 14712 may be color coded by assignee to allow the user to pick out color patterns easily. Exemplary screen shots ofthe user interface ofthe IPAM server to assist the user company in searches relating to forward citation are shown in FIGs. 281-285. The present invention is not limited to these exemplary user interfaces. The flowchart 16300 ends at this point. B. Tool 10b and the Evaluate/ Analyze Stage, the Due Diligence Stage and the Negotiation Stage
FIG. 164 illustrates the citation root tree 14712, used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608, as Tool 10b, entitled "Patent Citation Root-Tree." The implication of Tool 10b is that the company acquiring the patent may have an opportunity to sub-license further, and thereby mitigate or influence the value paid for the merger. The citation root tree 14712 shows which companies' competitive intelligence department should do a preliminary investigation for possible infringing products and services. The citation root tree 14712 also shows other companies that might be interested in sub-licensing the art, thus generating extra cash flow and value from the merger. How the IPAM server works in conjunction with Tool 10b is similar to Tool 10a. Here, for the user company's fastest moving technology areas, patents in these areas are analyzed for spill-over technology drift.
VII. IPAM Server and Citation Count Report
Referring to FIG. 147, the IPAM server works in conjunction with the citation count report 14714 to facilitate the evaluate/analyze stage 14604 and the due diligence stage 14606 (as Tool 4). In general, the citation count report 14714 identifies frequently cited patents having the most value in the portfolio. FIG.
220 illustrates the citation count report 14714, used in the evaluate/analyze stage 14604 and the due diligence stage 14606, as Tool 4, entitled "Citation Count Report 1st Level on U.S. Patents." The purpose of Tool 4 is to create a report that identifies patents that have been frequently cited in the 1st level forward. This will identify the most valuable patents in Company A's portfolio to further investigate in the due diligence stage 14606. How the IPAM server works in conjunction with the citation count report 14714 to aid in the the evaluate/analyze stage 14604 and the due diligence stage 14606 is described with reference to FIG. 166. Tool 4 is typically initiated by the user selecting a citation count report function on the computer screen.
In FIG. 166, a flowchart 16600 begins at step 16602. In step 16602, in an embodiment ofthe present invention a user performs a search on the group of all patents and/or applications. Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 16604. In step 16604, one forward citation is performed on each patent produced in step 16602. Control passes to step 16606.
In step 16606, the patents are sorted by assignee to produce the citation count report 14714 requested by the user. Flowchart 16600 ends at this point.
VIII. IPAM Server and Citation Frequency Graph
Referring to FIG. 147, the IPAM server works in conjunction with the citation frequency graph 14716 to facilitate the evaluate/analyze stage 14604 (as Tools 5 and 9) and the due diligence stage 14606 (as Tools 5 and 9). In general, the citation frequency graph 14716 identifies companies affected by merger.
A. Tool 5 and the Evaluate/Analyze Stage and the Due Diligence Stage
FIG. 167 illustrates the citation frequency graph 14716, used in the evaluate/analyze stage 14604 and the due diligence stage 14606, as Tool 5, entitled "Citation Frequency Graph." The purpose of Tool 5 is to identify frequently cited patents in both companies. The high columns (citation counts) identify several patents that have been frequently cited within the last five years, to further investigate in the due diligence stage 14606. Citation frequency is one indicator of importance of a patent as prior art to later inventions. How the IP AM server works in conjunction with the citation frequency graph 14716 to aid in the evaluate/analyze stage 14604 and the due diligence stage 14606 is described with reference to FIG. 168. Typically, Tool 5 is initiated by the user selecting a citation frequency function on the computer screen. In FIG. 168, a flowchart 16800 begins at step 16802. In step 16802 in an embodiment ofthe present invention a user performs a search on the group of all patents and/or applications. Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 16804.
In step 16804, one forward citation is performed on each patent produced in step 16802. Control passes to step 16806.
In step 16806, the patents are sorted by year cited to produce the citation frequency graph 14716 requested by the user. Flowchart 16800 ends at this point.
B. Tool 9 and the Evaluate/ Analyze Stage and the Due Diligence Stage
FIG. 169 illustrates the citation frequency graph 14716, used in the evaluate/analyze stage 14604 and the due diligence stage 14606, as Tool 9, entitled "Citation Frequency Graph Backward or Forward by Assignee." The purpose of Tool 9 is to identify the companies and patents that were cited in the development of Tool 8 citation tree backward 1 level. It identifies the citation frequency of these patents, and shows the work that came from these base patents. It also shows that these competitors/collaborators have intertwined technology that the merger will have to negotiate. The citation frequency graph 14716. analyzes the ancestral prior art frequency citations. How the IPAM server works in conjunction with Tool 9 is similar to Tool 5, as described above.
FIG. 170 is an example report of patent velocity in US classes. IX. IPAM Server and Citation Frequency Report
Referring to FIG. 147, the IPAM server works in conjunction with the citation frequency report 14718 to facilitate the evaluate/analyze stage 14604 (as
Tools 6 and 7) and the due diligence stage 14606 (as Tools 6 and 7). In general, the citation frequency report 14718 identifies which patents from which companies have the most value.
Tool 6 and the Evaluate/Analyze Stage and the Due Diligence Stage
FIG. 171 illustrates the citation frequency report 14718, used in the evaluate/analyze stage 14604 and the due diligence stage 14606, as Tool 6, entitled "Citation Frequency Report." The purpose of Tool 6 is to identify frequently cited patents in both companies. The report identifies several patents that have been frequently cited within the last five years to further investigate for patent and business value. The citation frequency report 14718 identifies citation frequency by patent and year. How the IPAM server works in conjunction with the citation frequency report 14718 to aid in the the evaluate/analyze stage 14604 and the due diligence stage 14606 is described with reference to FIG. 172. Typically, Tool 6 is initiated by the user selecting a citation frequency report function on the computer screen.
In FIG. 172, a flowchart 17200 begins at step 17202. In step 17202 in an embodiment ofthe present invention a user performs a search on the group of all patents and/or applications. Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Also in step 17200, one forward citation is done on each patent ofthe company. Control passes to step 17204. In step 17204, the patents from step 17202 are sorted by frequency cited. Control passes to step 17206.
In step 17206, the patents in each resulting subgroup are sorted by year to produce the citation frequency report 14718 requested by the user. Flowchart 17200 ends at this point.
Tool 7 and the Evaluate/ Analyze Stage and the Due Diligence Stage
FIG. 173 illustrates the citation frequency report 14718, used in the evaluate/analyze stage 14604 and the due diligence stage 14606, as Tool 7, entitled "Citation Frequency by Assignee." The purpose of Tool 7 is to identify the frequency of citations by patent and assignee. The assignee list indicates who potential competitors and blockers ofthe merger might be. Tool 7 also identifies frequently cited patents by assignee in both companies. Tool 7 identifies several patents that have been frequency cited within the last 5 years to further investigate patent value. How the IPAM server works in conjunction with Tool 7 is similar to Tool 6, as described above.
X. IPAM Server and Patent Count/Year
Referring to FIG. 147, the IPAM server works in conjunction with the patent count/year 14720 to facilitate the evaluate/analyze stage 14604 (as Tools
12a, 12b and 13), the due diligence stage 14606 (as Tools 12a, 12b and 13 ), and the negotiation stage 14608 (as Tools 12a and 13). In general, the patent count/year 14720 identifies the intensity of development in portfolios.
A. Tool 12a and the Evaluate/ Analyze Stage, the Due Diligence Stage and the Negotiation Stage
FIG. 174 illustrates the patent count/year 14720, used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608, as Tool 12a, entitled "U.S. Patent Count/Year." The purpose of Tool 12a is to identify the level and rate of change in Company A' s and Company B's U.S. patent portfolios. Tool 12a also identifies the intensity of the U.S. development efforts and issued patents in the company being reviewed for acquisition. Higher activity brings higher valuation. How the IPAM server works in conjunction with the patent count/year 14720 to aid in the the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 is described with reference to FIG. 175. . Typically, Tool 12a is initiated by the user selecting a patent count/year function on the computer screen.
In FIG. 175, a flowchart 17500 begins at step 17502. In step 17502 in an embodiment ofthe present invention a user performs a search on the group of all patents. Here, because the user is just pointing at a broad field, the abstract of each patent and/or application is typically the section that is searched, but is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents. Control passes to step 17504.
In step 17504, the patents from step 17502 are sorted by year to produce the patent count/year 14720 requested by the user. Flowchart 17500 ends at this point.
B. Tool 12b and the Evaluate/Analyze Stage and the Due Diligence Stage
FIG. 176 illustrates the patent count/year 14720, used in the evaluate/analyze stage 14604 and the due diligence stage 14606, as Tool 12b, entitled "Patent Count/Year." The purpose of Tool 12b is to identify companies who have the competence to commercialize competing products to the proposed merger. The patent count/year 14720 identifies who has continuously developed the technology. It also identifies the level and rate of change in companies. How the IPAM server works in conjunction with Tool 12b is similar to Tool 12a, as described above.
C. Tool 13 and the Evaluate/Analyze Stage, the Due Diligence Stage and the Negotiation Stage
FIG. 177 illustrates the patent count/year 14720, used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608, as Tool 13, entitled "European Patent Count/ Year." The purpose of Tool 13 is to identify the intensity ofthe European development efforts and issued patents in the company being reviewed for acquisition. In general, higher activity brings higher valuation. Tool 13 identifies the level of rate of change in companies' European patent portfolios. How the IPAM server works in conjunction with Tool 13 is similar to Tool 12a, as described . Here, the search is conducted on European patents, but is not limited to this.
XI. IPAM Server and Application Count/Year
Referring to FIG. 147, the IPAM server works in conjunction with the application count/year 14722 to facilitate the due diligence stage 14606 and negotiation stage 14608 (as Tool 14). In general, the application count/year 14722 identifies level and rate of change in patent portfolios.
FIG. 178 illustrates the application count/year 14722, used in the due diligence stage 14606 and the negotiation stage 14608, as Tool 14, entitled
"Patent Application Count/Year." The purpose of Tool 14 is to identify the intensity of recent development efforts in a company being reviewed for acquisition. The application count/year 14722 produce by Tool 14 compares the level and rate of change in one or more companies' patent portfolio. How the IPAM server works in conjunction with the application count/year 14722 to aid in the due diligence stage 14606 and the negotiation stage 14608 is described with reference to FIG. 179. Typically, Tool 14 is initiated by the user selecting an application count/year function on the computer screen.
In FIG.234, a flowchart 17900 begins at step 17902. In step 17902, in an embodiment of the present invention a user performs a search on the group of published patent applications, but is not limited to this. Here, because the user is just pointing at a broad field, the abstract of each patent is typically the section that is searched, but again is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of published applications. Control passes to step 17904. In step 17904, the group of published applications that results from step
17902 is further divided into subgroups by assignee/company. Control then passes to step 17906.
In step 17906, the IPAM server is used in conjunction with recent patent applications chart 14716 to create a chart that indicates the top assignees/companies in a related area to the product, use and/or technology searched in step 17902. Here, the group of patents produced in step 17902 may be further divided into subgroups, with each subgroup having published applications filed in the same year and related to the idea to produce the application count/year 14722 requested by the user. At this point flowchart 17900 ends.
XII. IPAM Server and Patent Aging Graph
Referring to FIG. 147, the IPAM server works in conjunction with the patent aging graph 14724 to facilitate the due diligence stage 14606 (as Tools 15 and 16) and the negotiation stage 14608 (as Tools 15 and 16). In general, the patent aging graph 14724 identifies the number of years until patent expiration.
A. Tool 15 and the Due Diligence Stage and the Negotiation Stage FIG. 180 illustrates the patent aging graph 14724, used in the due diligence stage 14606 and the negotiation stage 14608, as Tool 15, entitled "Maturity of U.S. Patent Portfolio." The purpose of Tool 15 is to identify for one company (e.g., Company B) the number of years to patent expiration in another company's (e.g., Company A's) U.S. patent portfolio to depict which technologies are young and which technologies are old. Technologies that are young tend to bring value to a merger. Technologies that are old, or static, tend not be bring as much value to a merger. How the IPAM server works in conjunction with the patent aging graph 14724 to aid in the due diligence stage 14606 and the negotiation stage 14608 is described next with reference to FIG.
181. Typically, Tool 15 is initiated by the user selecting a patent aging function on the computer screen.
In FIG. 181 , a flowchart 18100 begins at step 18102. In step 18102, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents owned by the company. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 18104. In step 18104, the IPAM server sorts the patents in the resulting group from step 18102 by years to expire to produce the patent aging graph 14724 requested by the user. At this point flowchart 18100 ends.
B. Tool 16 and the Due Diligence Stage and the Negotiation Stage
FIG. 182 illustrates the patent aging graph 14724, used in the due diligence stage 14606 and the negotiation stage 14608, as Tool 16, entitled
"Maturity of European Patent Portfolio." The purpose of Tool 16 is to identify for one company (e.g., Company B) the number of years to patent expiration in another company's (e.g., Company A's) European patent portfolio to depict which technologies are young and which technologies are old. Technologies that are young tend to bring value to a merger. Technologies that are old, or static, tend not be bring as much value to a merger. How the IPAM server works in conjunction with Tool 16 is similar to Tool 15, as described above with reference to FIG. 236. Here, in an embodiment ofthe present invention a user performs a search on the group of all European patents and/or applications owned by the company.
XIII. IPAM Server and U.S. Primary Class/Subclass
Referring to FIG. 147, the IPAM server works in conjunction with the U.S. primary class/subclass 14726 to facilitate the evaluate/analyze stage 14604 and the diligence stage 14606 (as Tool 19). In general, the U.S. primary class/subclass 14726 determines highest patent count by primary class/subclass.
FIG. 183 illustrates the U.S. primary class/subclass 14726, used in the evaluate/analyze stage 14604 and the diligence stage 14606, as Tool 19, entitled "U.S. Primary Class/Subclass." The purpose of Tool 19 is to identify the primary class/subclass ofthe U.S. patent in one or more companies to depict their area of patent concentration. The area of patent concentration is checked for consistency with the strategic intent during the due diligence stage 14606. How the IPAM server works in conj unction with the U.S. primary class/subclass 14726 to aid in the evaluate/analyze stage 14604 and the due diligence stage 14606 is described next with reference to FIG. 184. Typically, Tool 19 is initiated by the user selecting a U.S. primary class/subclass function on the computer screen.
In FIG. 184, a flowchart 18300 begins at step 18302. In step 18302, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents owned by the company. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 18304.
In step 18304, the IPAM server sorts the patents in the resulting group from step 18302 by primary class. Control then passes to step 18306. In step 18306, the IPAM server sorts the patents in each resulting subgroup from step 18304 by subclass to produce the U.S. primary class/subclass 14726 requested by the user. At this point flowchart 18300 ends.
XIV. IPAM Server and International Patent Class
Referring to FIG. 147, the IPAM server works in conjunction with the international patent class 14728 to facilitate the evaluate/analyze stage 14604 and the diligence stage 14606 (as Tool 19a). In general, the international patent class 14728 determines highest patent count by international class.
FIG. 185 illustrates the International patent class 14728, used in the evaluate/analyze stage 14604 and the diligence stage 14606, as Tool 19a, entitled "International Patent Class." The purpose of Tool 19a is to identify the international class ofthe European patents in one or more companies' portfolios to depict the area of patent concentration. The area of patent concentration is checked for consistency with the strategic intent during the due diligence stage 14606. How the IPAM server works in conjunction with the international patent class 14728 to aid in the evaluate/analyze stage 14604 and the due diligence stage
14606 is described next with reference to FIG. 186. Typically, Tool 19a is initiated by the user selecting a international patent class function on the computer screen.
In FIG.241 , a flowchart 18600 begins at step 18602. In step 18602, in an embodiment ofthe present invention a user performs a search on the group of all
European patents owned by the company. The present invention is not limited to doing the search on European patents, but may include any patent and/or application that is classified by an international class. The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 18604.
In step 18604, the IPAM server sorts the patents in the resulting group from step 18602 by international class to produce the international patent class 14728 requested by the user. At this point flowchart 18600 ends.
XV. IPAM Server and Assignee Patent Count Report by Primary Class/Subclass
Referring to FIG. 147, the IPAM server works in conjunction with the assignee patent count report by primary class/subclass 14730 to facilitate the evaluate/analyze stage 14604 (as Tools 20 and 23) and the negotiation stage
14608 (as Tool 20). In general, the assignee patent count report by primary class/subclass 14730 provides an overall view of competitive landscape for both companies by class/subclass.
A. Tool 20 and the Evaluate/Analyze Stage and the Negotiation Stage
FIG. 187 illustrates the assignee patent count report by primary class/subclass 14730, used in the evaluate/analyze stage 14604 and the negotiation stage 14608, as Tool 20, entitled "Patent Count Report for Primary Class." The purpose of Tool 20 is to identify the top assignees in aprimary class area by number of issued patents. This information represents where two or more companies rank in their overall competitive landscape in the particular patent class. In addition, Tool 20 highlights if a proposed merger will significantly broaden or deepen the patent portfolio, or not. This information may aid in a valuation point during negotiation of a merger or acquisition. How the IPAM server works in conjunction with the assignee patent count report by primary class/subclass 14730 to aid in the evaluate/analyze stage 14604 and the negotiation stage 14608 is described next with reference to FIG. 188. Typically, Tool 20 is initiated by the user selecting a assignee patent count report by primary class/subclass function on the computer screen.
In FIG. 188, a flowchart 18800 begins at step 18802. In step 18802, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents owned by the one or more companies (i.e., assignees). The present invention is not limited to doing the search on U.S. patents, but may include
European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 18804. In step 18804, the IPAM server sorts the patents in the resulting group from step 18802 by primary class. In an embodiment ofthe present invention, the
IPAM server may also sort each resulting subgroup by subclass. Control then passes to step 18806.
In step 18806, the IPAM server sorts the patents in the resulting grouping (or in each resulting subgroup) from step 18804 by assignee to produce the assignee patent count report by primary class/subclass 14730 requested by the user. At this point flowchart 18800 ends.
B. Tool 23 and the Evaluate/ Analyze Stage
FIG. 189 illustrates the assignee patent count report by primary class/subclass 14730, used in the evaluate/analyze stage 14604 as Tool 23, entitled "Assignee Patent Count Report for Class/Subclass." The purpose of Tool 23 is to identify the top assignees in a particular class/subclass area by number of patents issued. This information represents where two or more companies rank in their overall competitive landscape in the particular patent class/subclass area. How the IPAM server works in conjunction with Tool 23 is similar to Tool 20, as described above.
XVI. IPAM Server and Patent Count Graph by Number of Patents Referring to FIG. 147, the IPAM server works in conjunction with the patent count graph by number of patents 14732 to facilitate the evaluate/analyze stage 14604 (as Tools 21 and 24). In general, the patent count graph by number of patents 14732 provides an overall view of competitive landscape for both companies by number of issued patents.
A. Tool 24 and the Evaluate/Analyze Stage
FIG. 191 illustrates the patent count graph by number of patents 14732 used in the evaluate/analyze stage 14604 as Tool 24, entitled "Patent Count Graph of Top Assignees in Patent Class/Subclass." The purpose of Tool 24 is to give one company a visual indication of its position and another company's position in the competitive landscape, in a specific primary class/subclass by number of issued patents. How the IPAM server works in conjunction with the patent count graph by number of patents 14732 to aid in the evaluate/analyze stage 14604 is described next with reference to FIG. 192. Typically, Tool 24 is initiated by the user selecting a patent count graph by number of patents function on the computer screen.
In FIG. 192, a flowchart 19200 begins at step 19202. In step 19202, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents owned by the one or more companies (i.e., assignees). The present invention is not limited to doing the search on U.S. patents, but may include
European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a primary class Control passes to step 19204.
In step 19204, the IPAM server sorts the patents in the resulting group from step 19202 by subclass. Control then passes to step 19206.
In step 19206, the IPAM server sorts the patents in the resulting grouping (or in each resulting subgroup) from step 19204 by assignee to produce the patent count graph by number of patents 14732 requested by the user. At this point flowchart 19200 ends.
B. Tool 21 and the Evaluate/Analyze Stage
FIG. 190 illustrates the patent count graph by number of patents 14732 used in the evaluate/analyze stage 14604 as Tool 2, entitled "Patent Count Graph of Top Assignees in Class." The purpose of Tool 21 is to give one company a visual indication of its position and another company's position in the competitive landscape, in a specific primary class by number of issued patents.
How the IPAM server works in conjunction with Tool 21 is similar to Tool 24, as described above.
XVII. IPAM Server and Top Assignees Primary Class/Subclass by Percent of Total
Referring to FIG. 147, the IPAM server works in conjunction with the top assignees primary class/subclass by percent of total 14734 to facilitate the evaluate/analyze stage 14604 (as Tools 22 and 25). In general, the top assignees primary class/subclass by percent of total 14734 provides an overall view of competitive landscape for both companies by percent of total in class/subclass.
A. Tool 22 and the Evaluate/ Analyze Stage
FIG. 193 illustrates the top assignees primary class/subclass by percent of total 14734 used in the evaluate/analyze stage 14604 as Tool 22, entitled "Top
Assignees in Class by Percent of Total." The purpose of Tool 22 is to give one company a visual indication of its position and another company 's position in the competitive landscape, within a specific primary class/subclass by percentage of total issued patents. How the IPAM server works in conjunction with the top assignees primary class/subclass by percent of total 14734 to aid in the evaluate/analyze stage 14604 is described next with reference to FIG. 194. Typically, Tool 22 is initiated by the user selecting a top assignees primary class/subclass by percent of total function on the computer screen.
In FIG. 194, a flowchart 19400 begins at step 19402. In step 19402, in an embodiment of the present invention a user performs a search on the group of all
U.S. patents owned by the one or more companies (i.e., assignees). The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications. The search performed is typically a boolean and/or natural language search on a primary class Control passes to step 19404.
In step 19404, the IPAM server sorts the patents in the resulting group from step 19402 by assignee. Control then passes to step 19406.
In step 19406, the IPAM server determines the percentage of total patents for each subgroup (by assignee) produced in step 19404 to produce the top assignees primary class/subclass by percent of total 14734 requested by the user.
At this point flowchart 19400 ends.
B. Tool 25 and the Evaluate/ Analyze Stage
FIG. 250 illustrates the top assignees primary class/subclass by percent of total 14734 used in the evaluate/analyze stage 14604 as Tool 25, entitled "Top Assignees in Class/Subclass by Percent of Total." The purpose of Tool 25 is to give one company a visual indication of its position and another company's position in the competitive landscape, within a specific primary class/subclass by percentage of total issued patents. How the IPAM server works in conjunction with Tool 25 is similar to Tool 22, as described above.
XVIII. IPAM Server and Months to Issue Referring to FIG. 147, the IPAM server works in conjunction with the months to issue 236 to facilitate the due diligence stage 14606 and the negotiation stage 14608 (as Tool 11). In general, the months to issue 236 indicates whether all ofthe art is at the negotiation table. FIG. 195 illustrates the top assignees primary class/subclass by percent of total 14734 used in the evaluate/analyze stage 14604 as Tool 25, entitled "Top Assignees in Class/Subclass by Percent of Total." The implication of Tool 11 is to allow the due diligence team to investigate or ask about the art in prosecution and modify its stance and decisions accordingly. In general, top assignees primary class/subclass by percent of total 14734 show average time patents in each technology area are hidden from the due diligence team's view. How the IPAM server works in conjunction with the top assignees primary class/subclass by percent of total 14734 to aid in the due diligence stage 14606 and the negotiation stage 14608 is described next with reference to FIG. 196. Typically, Tool 11 is initiated by the user selecting a months to issue function on the computer screen.
In FIG. 197, a flowchart 19700 begins at step 19702. In step 19702, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications . The search performed is typically a boolean and/or natural language search on a technical area. Control passes to step 19704.
In step 19704, the IPAM server sorts the patents in the resulting group from step 19702 by year to create subgroups of patents. Control passes to step 19706.
In step 19706, the IPAM server, for each patent in each ofthe subgroups created in step 19704, subtracts the patent's issue date from its filing date. Control then passes to step 19708.
In step 19708, the IPAM server calculates, for each subgroup of patents, the average prosecution time for its patents and displays the results to the user to produce the months to issue 14736 requested by the user. Flowchart 19700 ends at this point.
XIX. IPAM Server and Features Grouping
Referring to FIG. 147, the IPAM server works in conjunction with the features grouping 14738 to facilitate the due diligence stage 14606 and the negotiation stage 14608 (as Tool 31). In general, the features grouping 14738 indicates whether certain products and/or services are covered by patents.
FIG. 198 illustrates the features grouping 14738 used in the due diligence stage 14606 and the negotiation stage 14608 as Tool 31, entitled "Features Grouping. " The purpose of Tool 31 highlights which other products and services are using the company's patents. High level trends can be seen in these maps, showing that many or few products, and their customer features sets, are patent protected. This information affects the valuation during negotiation. In addition, the features grouping 14738 produces a map that can be viewed feature-by- feature and show competitive alternatives and how many products have properties closest to those claimed by the company's patents. How the IPAM server works in conj unction with the features grouping 14738 to aid in the general management of a business as Tool 31 is described next with reference to FIG. 199. Typically, Tool 31 is initiated by the user selecting a features grouping function on the computer screen.
In FIG. 199, a flowchart 19900 begins at step 19902. In step 19902, in an embodiment ofthe present invention a user performs a search on the groups of patents covering the company's own products and competitor's products and/or product attributes analyzed by reverse engineering the company's own products and competitor's products. The present invention is not limited to doing the search on this, but may include other available documents and/or attributes. Here, the search performed is typically a boolean and/or natural language search on product attributes which are sorted and grouped to create interactive maps of patented products or service features. Control passes to step 19904. In step 19904, the IPAM server is used in conjunction with the features grouping chart 14738 to create a chart showing groupings of product and/or service features. Flowchart 19900 ends at this point.
XX. IPAM Server and Document Annotation
Referring to FIG. 147, the IPAM server works in conjunction with the document annotation 14740 to facilitate the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 (as Tool 32). In general, the document annotation 14740 allows for the immediate, linked, and searchable documentation of facts and ideas.
FIG. 200 illustrates the document annotation 14740 used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 as Tool 32, entitled "Document Annotation." The purpose of Tool 32 is to facilitate indexed knowledge that can be used to expedite individual assertion analysis activities as well as the efficiency of the assertion team's review meetings. These annotations document how each piece of information (patent, data sheet, press release, etc.) is related to the others. This cross- reference and information capture speeds the merger and acquisition process. How the IPAM server works in conjunction with the document annotation 14740 to aid in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 is described next with reference to FIG. 201. Typically, Tool 32 is initiated by the user selecting a document annotation function on the computer screen. In FIG.201 , a flowchart 20100 begins at step 20102. In step 20102, in an embodiment ofthe present invention a user performs a search on the groups of patents and corporate documents, but is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents and/or corporate documents. Control passes to step 20104.
In step 20104, the IPAM server allows the user to make annotations on one or more ofthe patents and/or corporate documents in the group produced by step 20102. Flowchart 20100 ends at this point.
XXI. IPAM Server and Inventor Patent Count/ Assignee
Referring to FIG. 147, the IPAM server works in conjunction with the inventor patent count/assignee 14742 to facilitate the evaluate/analyze stage 14604 (as Tools 27 and 28), the due diligence stage 14606 (as Tools 27 and 28) and the negotiation stage 14608 (as Tools 27 and 28). In general, the inventor patent count/assignee 14742 determines whether there are joint development agreements/ventures which may impact a possible merger.
A. Tool 27 and the Evaluate/analyze Stage, the Due Diligence Stage and the Negotiation Stage
FIG. 202 illustrates the inventor patent count/assignee 14742 used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 as Tool 27, entitled "Inventor Patent Count Report Company A Patents." The purpose of Tool 27 is to identify for Company B the key people in the development area. This helps to place value on the acquisition based on the continued employment ofthe key people identified. How the IPAM server works in conjunction with the inventor patent count/assignee 14742 to aid in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 is described next with reference to FIG. 203. Typically, Tool 27 is initiated by the user selecting a inventor patent count/assignee function on the computer screen.
In FIG. 203, a flowchart 20300 begins at step 20302. In step 20302, in an embodiment ofthe present invention a user performs a search on the groups of Company A's patents and corporate documents, but is not limited to this. The search performed is typically a boolean and/or natural language search on the product, use and/or technology to produce a group of patents and/or corporate documents. Control passes to step 20304. In step 20304, the IPAM server sorts the group of resulting patents and/or corporate documents by inventor to produce the inventor patent count/assignee 14742 requested by the user. Flowchart 20300 ends at this point.
B. Tool 28 and the Evaluate/analyze Stage, the Due Diligence Stage and the Negotiation Stage
FIG. 204 illustrates the inventor patent count/assignee 14742 used in the evaluate/analyze stage 14604, the due diligence stage 14606 and the negotiation stage 14608 as Tool 28, entitled "Inventor Patent Count by Assignee for Company A." The purpose of Tool 28 is to identify for Company B possible joint development agreements/ventures between Company A and others. If suchjoint development agreements/ventures exist, then due diligence must be done to determine if these possible j oint development agreements/ventures pose a benefit or threat to the acquisition or merged companies. Here, multiple assignees that an inventor has developed with is revealed. How the IPAM server works in conjunction with Tool 28 is similar to Tool 27, as described above.
XXII. IPAM Server and Inventor Patent Count Graph
Referring to FIG. 147, the IPAM server works in conjunction with the inventor patent count graph 14744 to facilitate the due diligence stage 14606 and the negotiation stage 14608 (as Tool 29). In general, the inventor patent count graph 14744 identifies inventors with the most inventions in a portfolio. FIG.205 illustrates the inventor patent count graph 14744 used in the due diligence stage 14606 and the negotiation stage 14608, as Tool 29, entitled "Inventor Patent Count Graph." The purpose of Tool 29 is to provide Company B with a visual indication ofthe inventors with the most inventions in Company A's patent portfolio. These inventors are crucial to the acquisition since their development efforts have contributed significantly to the success of Company A. Many times the retention of key inventors is a crucial negotiating factor in the acquisition. How the IPAM server works in conj unction with the inventor patent count graph 244 to aid in the due diligence stage 14606 and the negotiation stage 14608 is described next with reference to FIG.206. Typically, Tool 29 is initiated by the user selecting an inventor patent count graph function on the computer screen. In FIG.206, a flowchart 20600 begins at step 20602. In step 20602, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications.
Here, the search performed is typically a boolean and/or natural language search on assignee to produce a group of patents. Exemplary screen shots of the user interface ofthe IPAM server to assist the user company in searches relating to inventors are shown in FIGs. 272-275. The present invention is not limited to these exemplary user interfaces. Control passes to step 20604.
In step 20604, the IPAM server generates an inventor patent count graph 244 that indicates the top inventors in Company A. Here, the group of patents produced in step 20602 are further subdivided into subgroups, with each subgroup having the same inventor. As with assignee information, the IPAM server may store the inventor information of patents in a meta-data field that will also" need to be searched to determine the inventor information, but is not limited to this. Flowchart 20600 ends at this point.
XXIII. IPAM Server and Inventor Data Referring to FIG. 147, the IPAM server works in conjunction with the inventor data 14746 to facilitate the due diligence stage 14606 and the negotiation stage 14608 (as Tool 30). In general, the inventor data 14746 identifies the average number of inventors per patent. FIG. 207 illustrates the inventor data 14746 used in the due diligence stage 14606 and the negotiation stage 14608, as Tool 30, entitled "Inventor Data." The purpose of Tool 30 is to identify the average number of inventors per patent. This will depict if the culture in Company A's developers is to work alone or in a team environment. Here, Company B is trying to determine if Company A's culture will be a post-merger compatible fit for Company B's culture. How the IPAM server works in conjunction with the inventor data 14746 to aid in the due diligence stage 14606 and negotiation stage 14608 is described next with reference to FIG. 208. Typically, Tool 30 is initiated by the user selecting an inventor data function on the computer screen. In FIG. 208, a flowchart 20800 begins at step 20802. In step 20802, in an embodiment ofthe present invention a user performs a search on the group of all U.S. patents. Here, because the user is just pointing at a broad field, the abstract of each U.S. patent is typically the section that is searched, but is not limited to this. The present invention is not limited to doing the search on U.S. patents, but may include European, Japanese (and other available) patents and/or applications .
Here, the search performed is typically a boolean and/or natural language search on assignee to produce a group of patents. Control passes to step 20804.
In step 20804, the IPAM server determines the number of inventors for each patent in the resulting group of patents from step 20802. As with assignee information, the IPAM server may store the inventor information of patents in a meta-data field that will also need to be searched to determine the inventor information, but is not limited to this. Flowchart 20800 ends at this point.
XXIV. Combination ofthe Tools or Methods It is important to note that most, if not all, of the tools or methods described above may be combined to interactively go back and forth between different tools. The integration of tools discussed herein to facilitate the merger and acquisition process is limitless.
XXV. Conclusion
While various application embodiments of the present invention have been described above, it should be understood that they have been presented by way of example only, and not limitation. Thus, the breadth and scope of the present invention should not be limited by any ofthe above-described exemplary embodiments.

Claims

WHAT IS CLAIMED IS:
1. A method for assisting a user in at least one stage if a merger and acquisition process, comprising the steps of: determining which stage ofthe merger and acquisition process the user is in; determining a tool to assist in the stage; and utilizing said tool to assist in the stage.
2. The method of claim 1, wherein the stages of the merger and acquisition process include identity targets stage, evaluate stage, due diligence stage and negotiation stage.
3. The method of claim 1 , wherein said tool is comprised of one of topographic map, a features grouping chart, a portfolio actions map, a technology classification, a Standard Industrial Codes (SIC) classification, a patent count per year chart, an application count per year chart, a technology by company map, a patent citation tree, a nested patent citation tree, a product/patent/revenue table, document annotation, a corporate/dividends preference/cost table, a months to issue patents table, a core technologies map, a related markets map, a patent activity chart, a patent activity by company chart, a recent patent applications chart, and a time remaining on patents table, a radar diagram, a citation root tree, a citation count report, a citation frequency graph, a citation frequency report, a patent aging graph, a U.S. primary class/subclass, an international patent class, an assignee patent count report by primary class/subclass, a patent count graph by number of patents, atop assignees primary class/subclass by percent of total, an inventor patent count/assignee, an inventor patent count graph, and inventor data.
4. A method for assisting a user in at least one stage if a licensing process, comprising the steps of: determining which stage ofthe licensing process the user is in; determining a tool to assist in the stage; and utilizing said tool to assist in the stage.
5. The method of claim 4, wherein the stages ofthe licensing process include a portfolio analysis stage, an assertion analysis stage, a negotiation stage, a litigation stage, and a collection stage.
6. The method of claim 4, wherein said tool is comprised of one of topographic map, a features grouping chart, a portfolio actions map, a technology classification, a Standard Industrial Codes (SIC) classification, a patent count per year chart, an application count per year chart, a technology by company map, a patent citation tree, a nested patent citation tree, a product/patent/revenue table, document annotation, a corporate/dividends preference/cost table, a months to issue patents table, a core technologies map, a related markets map, a patent activity chart, a patent activity by company chart, a recent patent applications chart, and a time remaining on patents table, a radar diagram, a citation root tree, a citation count report, a citation frequency graph, a citation frequency report, a patent aging graph, a U.S. primary class/subclass, an international patent class, an assignee patent count report by primary class/subclass, a patent count graph by number of patents, a top assignees primary class/subclass by percent of total, an inventor patent count/assignee, an inventor patent count graph, and inventor data.
7. A method for assisting a user in at least one stage ofthe general management of a business process, comprising the steps of: determining which stage ofthe general management of a business process the user is in; determining a tool to assist in the stage; and utilizing said tool to assist in the stage.
8. The method of claim 7, wherein the stages of the general management of a business process include an embryonic stage, a growth stage, an expansion stage and a mature stage.
9. The method of claim 7, wherein said tool is comprised of one of topographic map, a features grouping chart, a portfolio actions map, a technology classification, a Standard Industrial Codes (SIC) classification, a patent count per year chart, an application count per year chart, a technology by company map, a patent citation tree, a nested patent citation tree, a product/patent/revenue table, document annotation, a corporate/dividends preference/cost table, a months to issue patents table, a core technologies map, a related markets map, a patent activity chart, a patent activity by company chart, a recent patent applications chart, and a time remaining on patents table, a radar diagram, a citation root tree, a citation count report, a citation frequency graph, a citation frequency report, a patent aging graph, a U. S . primary class/subclass, an international patent class, an assignee patent count report by primary class/subclass, a patent count graph by number of patents, a top assignees primary class/subclass by percent of total, an inventor patent count/assignee, an inventor patent count graph, and inventor data.
PCT/US2001/009584 2000-03-24 2001-03-26 Patent-related tools and methodology for use in the licensing process, general management of a business and in the merger and acquisition process WO2001073657A1 (en)

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