Definition of high-value patent

Recently, the word high-value patent has suddenly become popular, but there is no unified definition of what kind of patent can be called high-value patent. In fact, the definition of high-value patent can be known from the name. High value is a patent with high price and great value. So how to evaluate the patent value of intangible assets such as patents? What is a high-value patent? How to evaluate the patent value? From the point of view of value, the value of patent can be divided into two kinds: one is called explicit value and the other is called implicit value.

Explicit value means that everyone already knows how much this patent is worth, while recessive value means that everyone doesn't know how much this patent is worth, or everyone thinks this patent may be worth. Patents have at least one of explicit value and implicit value, and we can make a basic judgment on the value of patents according to the explicit value and implicit value. This is explained separately below. Explicit value Explicit value is the income that a patent has obtained. For example, the signed patent licensing agreement can receive a certain amount of money every year, because the licensed income can be understood as explicit value; For another example, if the patent has been used in litigation and obtained compensation, the amount of compensation in litigation can be understood as explicit value; Another example is that the patent has been transferred, and the transferred price can be understood as explicit value.

Explicit value is a good measure of patent value. If the patentee wants to know how much value a patent can have, the best way is to obtain the explicit value of the patent, which can be tested by licensing, litigation and transfer. Intangible value A patent gets 80 million yuan in compensation through litigation, so is this patent worth 80 million yuan? Not necessarily, because with the development of technology, this patent is likely to be widely used and its value will be further enhanced.

Therefore, the explicit value can be regarded as the initial value of the patent, and the implicit value is a very important factor to determine the patent value. The author thinks that evaluating the hidden value of a patent is a difficult process, similar to evaluating the value of a brand, but not exactly the same. The evaluation of a brand is more based on people's trust in the brand, while the evaluation of the hidden value of a patent is based on the real patent right. Therefore, the evaluation of patent hidden value is more like the evaluation of cultural relics. The more this technology is chased, the more valuable the patent is. It is easier to say that it is worthless than to say how much it is worth.

Legal basis:

patent law of the people's republic of china

Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.