What is the evaluation method of patent value?

When evaluating a patent, we should first consider and study issues closely related to the patent itself, such as the effectiveness, types and duration of the right, and accurately grasp the basic factors that affect the value of the patent. (1) Whether the "patent" has been approved and whether the approved patent has gone through the objection procedure. The rights in the "patent application" also belong to intellectual property rights and can be transferred or licensed. However, there are two possible situations of approving or rejecting the application, and the values of these two situations are completely different. The transferee or licensee shall investigate whether the related technologies or new products of the other party are "patented" or "patented". If the relevant patent industry has gone through the objection procedure and the objection has been declared invalid, the reliability of the relevant patent effectiveness is high, so the evaluation value under the same conditions is relatively high. On the contrary, patents without objection procedures have relatively low evaluation value. (2) Types of related patents. China's patent law stipulates three different types of patents: invention, utility model and design. Among them, the utility model patent and the design patent have not undergone substantive examination, and it is very likely that someone will file an application for invalidation with the Patent Reexamination Board in the future, and the utility model patent or the design patent is very likely to be declared invalid. Therefore, the value evaluation of these two patents cannot be treated as the same as the value evaluation of invention patents. (3) Whether the relevant patent is the "first patent" or the "second patent" (subordinate patent). According to international treaties and the relevant provisions of China's patent law, the exploitation of the second patent must be approved by the first patent holder, and the second patent holder has no right to independently license a third party to exploit its patent. Without the authorization of the first patentee, the second patentee has no right to negotiate a license contract with a third party. However, the holder of the second patent has the right to transfer his own patent. At this time, the transferee should clearly know the possibility of cooperation with the first patentee or the possibility of obtaining a compulsory license after accepting the second patent. If it is difficult to obtain the permission of the first patentee, the value of the second patent will be reduced accordingly. (4) Whether the patentee has a reliable record of paying the annual patent fee on time. Failure to pay the annual patent fee may lead to the revocation of the patent. Although the law stipulates that there is a recovery procedure, it is too much trouble. If a "patent" that has not paid the annual fee but may be restored is really transferred, the expenses in the restoration procedure and the losses caused to the transferee once it cannot be restored must be offset to a certain extent in the evaluation. (5) the period when the patent protection period expires. This may be the most important factor affecting patent evaluation. Because the patent protection period cannot be renewed, this effect is much more important than its application in trademark evaluation. If the patent protection period is only two years, the value of the patent is easy to evaluate. Because, no matter how the obligee evaluates its patent, the transferee can never accept the sum of the transferee's estimated profits for two years. (6) Whether the related patent involves patent disputes such as infringement litigation and invalid litigation. Once the relevant patent is involved in such litigation, especially before the court makes a ruling, its evaluation must be further discounted on the price evaluated according to the general evaluation method. The above are the relevant procedures and methods of patent evaluation. In judicial practice, the chivalrous situation of patent evaluation should be combined with the actual situation of patent, especially the actual value of patent in production and use should be fully verified. If the patent is not evaluated, there may be cases in which the use of the patent cannot produce benefits in the later stage.