What is the patent evaluation method?

I. Basic Requirements When evaluating a patent, we must 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. Two. Catalogue of appraisal materials (1) Basic information of enterprises 1. Business license, tax registration certificate and production license of industrial and commercial enterprise as a legal person. 2. Brief introduction of the enterprise; 3. Articles of association; 4. Distribution of enterprise marketing network; 5. Enterprise product quality standards; 6 news media and consumers' reports and comments on product quality and service; 7. others. (2) Patent technical data 1. Brief introduction of the research and development of the client's patented products and patent developers; 2. Patent certificates and related legal documents such as acceptance, transfer and change (contracts) and payment vouchers; 3. Patent specification; 4. Questionnaire on the basic situation of patent technology; 5 patent product project proposal, joint venture letter of intent, feasibility study report or technical transformation plan; 6。 Patent technology inspection report, scientific and technological achievements appraisal certificate, patent technology retrieval data, technical evaluation of well-known experts in the industry, etc. 7. Receipts and vouchers of patent application fees, maintenance fees, annual fees and other fees paid in each year; 8 industry experts' appraisal opinions on the novelty of patented technology. Copy of patent register (III) Financial information 1. The balance sheet, income statement or financial income statistics related to the patented products of the entrusting party in the last five years (including the evaluation benchmark date); 2 patent product development investment and cost statistics; 3. The customer's development plan for the next five years; 4. The entrusting party's revenue forecast and compilation instructions for the patented products in the next 3-5 years. (4) Other information 1. Patent product award certificate and high-tech enterprise certification certificate. 2. Promise to pay the annual patent maintenance fee on schedule. 3. Letter of commitment from the entrusting party. Iii. Other requirements (1) should be further studied in the "Claim" of this patent. "Patent claim" is the only basis for defining the scope of patent rights recognized by law. If the patentee writes an unimportant embodiment as a sovereign item in the independent claim when applying for a patent, then no matter how wide the possible application scope of the patent is, the scope of its right protection has been greatly reduced, and the patent value has been reduced accordingly. (2) To study the minimum profit and maximum profit that the market application of patent will bring to the patentee. In the evaluation, the supplier should strictly abide by the bottom line of the minimum profit, while the recipient does the opposite. The usual principle of "high input and high output" is not applicable in the patent field. Although the patentee will include all the costs of his own research and development in the evaluation value, this cost-based evaluation is meaningless if there is no market for the patented product or the product itself. On the other hand, in order to maintain the cost of related patents (such as infringement litigation costs), the upfront investment can be used as one of the evaluation basis. The reason is that patents that are closely related to market demand and have no market benefits will generally not be the object of infringement. (3) Need to know the possibility and time when more advanced alternative technologies or products appear. If it is found that more advanced patented products will be born in two years, then the protection period will only have legal significance, not much practical significance, and its market life will only be two years or a little longer. (4) commission ratio. 1985 when China formulated the regulations on the administration of technology import contracts, the usual proportion of technology pricing (if paid by royalty) in the 1920s and 1970s was 5%-7%. By the 1990s, this figure had not changed much. (5) others. Some countries with hundreds of years of patent evaluation experience can also refer to the methods listed in their administrative documents. For example, Article 4. 1. 1.2 in the Anti-monopoly Guide of Intellectual Property Licensing Trade issued by the US Federal Trade Commission 1995 is the principle and method of patent evaluation. When a new patent comes out, stakeholders or patentees themselves usually make professional value evaluation to measure the value of the patent. In the process of patent evaluation, it is necessary to prepare sufficient evaluation materials, including basic enterprise information, patent technology information and financial information.