阅读说明：本技术 专利收益的确定方法及装置、电子设备 (Patent income determination method and device and electronic equipment ) 是由 陶冶 刘珏敏 于 2021-08-09 设计创作，主要内容包括：本发明实施例提供了一种专利收益的确定方法及装置、电子设备,其中专利收益的确定方法应用于系统服务器,所述系统服务器分别与专利检索数据库服务器和市场分析数据库服务器建立连接；所述确定方法包括如下步骤：接收由所述市场分析数据库服务器传输的目标专利对应产品的市场数据；接收由所述专利检索数据库服务器传输的与所述目标专利对应产品相关联的专利信息数据；结合所述市场数据和所述专利信息数据计算所述目标专利的专利收益。采用本技术方案的专利收益确定方法,通过采集专利数据和市场数据以进行数据分析,并将经过数据分析后参数代入到算法模型中,从而可以更客观且合理高效地计算得到目标专利的专利收益。(The embodiment of the invention provides a patent income determination method and device and electronic equipment, wherein the patent income determination method is applied to a system server which is respectively connected with a patent retrieval database server and a market analysis database server; the determination method comprises the following steps: receiving market data of a product corresponding to the target patent transmitted by the market analysis database server; receiving patent information data which is transmitted by the patent retrieval database server and is associated with the product corresponding to the target patent; and calculating the patent income of the target patent by combining the market data and the patent information data. By adopting the patent income determination method of the technical scheme, the patent data and the market data are collected to carry out data analysis, and the parameters after the data analysis are substituted into the algorithm model, so that the patent income of the target patent can be calculated more objectively, reasonably and efficiently.)

1. A patent income determination method is characterized in that the determination method is applied to a system server, and the system server is respectively connected with a patent retrieval database server and a market analysis database server;

the determination method comprises the following steps:

receiving market data of a product corresponding to the target patent transmitted by the market analysis database server;

receiving patent information data which is transmitted by the patent retrieval database server and is associated with the product corresponding to the target patent;

and calculating the patent income of the target patent by combining the market data and the patent information data.

2. The method of claim 1, wherein said calculating patent benefits for the target patent in conjunction with the market data and the patent information data comprises:

calculating the patent income of the target patent by combining the gross profit, the patent effectiveness and the patent contribution degree of the product corresponding to the target patent in a certain accounting year;

wherein the gross profit of the corresponding product of the target patent in a certain accounting year is obtained based on the market data; the patent validity and the patent contribution are determined from the patent information data.

3. The method of claim 2, wherein said calculating patent benefits for the target patent in conjunction with the market data and the patent information data comprises:

calculating the patent gain of the target patent by using the following patent gain calculation formula:

P(P)＝M×b×α_PV×α_PC

wherein P (P) is the patent income of the target patent, M is the annual sales income of the product corresponding to the target patent in the patent right control market of the target patent in a certain accounting year, b is the gross interest rate of the product corresponding to the target patent in the patent right control market of the target patent, and alpha_PVIs patent efficacy, alpha_PCIs the contribution degree of the patent;

wherein annual sales income of the target patent corresponding product in the patent right control market of the target patent at a certain accounting year and a profitability of the target patent corresponding product in the patent right control market of the target patent are determined according to the market data.

4. The method of claim 3, wherein the patent validity is calculated according to the following calculation:

wherein alpha is_PVIs the patent validity, LI is the Chinese legal index, N is the total number of patents of the product corresponding to the target patent, and C is the sum of the patent legal events of the product corresponding to the target patent.

5. The method of claim 3, wherein the patent contribution is calculated according to the following calculation:

PVD＝0.5A+0.3B+0.2C

wherein alpha is_PCMeans the contribution degree of the patent; PVD refers to patentability; n refers to the total number of patents of the product corresponding to the target patent; a is the document page number variable of the target patent, and the value range is [0,1 ]](ii) a B is the number variable of the patent claims of the target patent, and the value range is [0,1 ]](ii) a C is the quoted time variable of the target patent, and the value range is [0,1 ]]。

6. The patent income determination method is characterized by being applied to a market analysis database server, and the market analysis database server is connected with a system server;

the determination method comprises the following steps:

receiving the name of a product corresponding to the target patent;

determining market data related to products corresponding to the target patent based on a market analysis database;

transmitting the market data to the system server to cause the system server to calculate patent benefits of the target patent based on the market data.

7. The method of claim 6, wherein the market data includes at least annual sales income of the product corresponding to the target patent in the patent right control market of the target patent at a certain accounting year, and a percentage of profit of the product corresponding to the target patent in the patent right control market of the target patent.

8. The method of claim 6, wherein determining market data related to the product corresponding to the target patent based on a market analysis database comprises:

judging whether the market analysis database contains market data of products corresponding to the target patent or not;

if so, taking the retrieved market data as the market data of the product corresponding to the target patent;

if not, judging whether the market analysis database contains market data of similar products formed by the products corresponding to the target patent;

if so, determining market data of a product corresponding to the target patent based on the market data of the approximate product;

if not, market data of the superior product of the product corresponding to the target patent is obtained, and then the market data of the product corresponding to the target patent is determined by combining an algorithm.

9. A patent income determination method is characterized in that the determination method is applied to a patent retrieval database server, and the patent retrieval database server is connected with a system server;

the determination method comprises the following steps:

receiving index information of the target patent and a name of a product corresponding to the target patent;

determining whether the target patent is a valid patent based on the index information of the target patent;

if the target patent is an effective patent, searching patent information data associated with a product corresponding to the target patent from a patent search database;

and transmitting the searched patent information data to the system server so that the system server calculates the patent benefits of the target patent based on the patent information data.

10. The determination method according to claim 9, wherein the patent information data includes at least a total number of patents of the product corresponding to the target patent, a total number of patent legal events of the product corresponding to the target patent, a number of documents of the target patent, a number of patent claims of the target patent, and a variable of the number of cited times of the target patent.

11. The method of claim 9, wherein the index information is transmitted from a user terminal to the patent search database server.

12. The patent profit determining device is applied to a system server, and the system server is respectively connected with a patent retrieval database server and a market analysis database server;

the determination device comprises:

the market data receiving unit is used for receiving market data of products corresponding to the target patents transmitted by the market analysis database server;

a patent information data receiving unit, configured to receive patent information data associated with a product corresponding to the target patent, transmitted by the patent retrieval database server;

and the patent profit calculation unit is used for calculating the patent profit of the target patent by combining the market data and the patent information data.

13. The patent income determination device is characterized in that the determination device is applied to a market analysis database server, and the market analysis database server is connected with a system server;

the determination device comprises:

the product name receiving unit is used for receiving the name of the product corresponding to the target patent;

the market data determining unit is used for determining market data related to products corresponding to the target patent based on a market analysis database;

and the market data transmission unit is used for transmitting the market data to the system server so as to enable the system server to calculate the patent benefits of the target patent based on the market data.

14. The patent income determination device is applied to a patent retrieval database server, and the patent retrieval database server is connected with a system server;

the determination device comprises:

the index information receiving unit is used for receiving the index information of the target patent and the name of a product corresponding to the target patent;

the valid patent screening unit is used for determining whether the target patent is a valid patent or not based on the index information of the target patent;

the patent information retrieval unit is used for retrieving patent information data associated with a product corresponding to the target patent from a patent retrieval database if the target patent is a valid patent;

and the patent information data transmission unit is used for transmitting the searched patent information data to the system server so that the system server calculates the patent benefits of the target patent based on the patent information data.

15. A computer-readable storage medium, the storage medium storing a computer program for executing the method of any of the preceding claims 1-5.

16. A computer-readable storage medium, the storage medium storing a computer program for performing the method of any of the preceding claims 6-8.

17. A computer-readable storage medium, the storage medium storing a computer program for performing the method of any of the preceding claims 9-11.

18. An electronic device, the electronic device comprising:

a processor;

a memory for storing the processor-executable instructions;

the processor is used for reading the executable instructions from the memory and executing the instructions to realize the method of any one of the claims 1-5.

19. An electronic device, the electronic device comprising:

a processor;

a memory for storing the processor-executable instructions;

the processor is used for reading the executable instructions from the memory and executing the instructions to realize the method of any one of the claims 6-8.

20. An electronic device, the electronic device comprising:

a processor;

a memory for storing the processor-executable instructions;

the processor is used for reading the executable instructions from the memory and executing the instructions to realize the method of any one of the claims 9-11.

[ technical field ] A method for producing a semiconductor device

The invention relates to the technical field of patent value evaluation, in particular to a patent income determination method and device and electronic equipment.

[ background of the invention ]

With the increasing economic development and market competition, domestic enterprises attach more and more importance to the protection of intellectual property rights of the enterprises, and the quantity and quality of patent applications are greatly increased. After the patent is applied and the patent right is obtained, the invention achievement of the patent can be protected, monopoly profits can be obtained to make up for research and development investment based on the exclusive right in the period of validity of the patent, and meanwhile, the development of science and technology and economic development are facilitated. In recent years, as the number of patents held by each company increases, patent operators are increasingly receiving attention from patent operators who desire to obtain profits through various patent operations (including patent transfer, licensing, pledge financing, price entry, and the like) in addition to maintaining their own rights and interests through patent infringement litigation.

How to evaluate the value of a patent has been a difficult problem in patent operation. At present, the value evaluation of patents still mainly adopts the traditional tangible asset evaluation method, and the commonly used evaluation methods comprise a cost method, a market method and a profit method. In practice, it is found that these evaluation methods are suitable for evaluating tangible assets (e.g., land, factory building, equipment, etc.), but patent assets are right assets and have technical, legal and economic values, and patent assets are low-frequency transaction assets, so that there are many disadvantages when the evaluation methods are used for evaluating intangible assets, and the value of patents cannot be reasonably and accurately restored. In evaluating patent value, how to determine patent benefits is the basis for calculating the value of patent assets. In the prior art, a plurality of evaluation indexes are often involved in the process of determining the patent income, the calculation amount is large, and how to reasonably and efficiently determine the patent income is an urgent problem to be solved.

[ summary of the invention ]

In view of this, embodiments of the present invention provide a method and an apparatus for determining a patent profit, and an electronic device, so as to solve the technical problem of how to reasonably and efficiently determine a patent profit in the prior art.

On one hand, the embodiment of the invention provides a patent income determination method, which is applied to a system server, wherein the system server is respectively connected with a patent retrieval database server and a market analysis database server; the determination method comprises the following steps: receiving market data of a product corresponding to the target patent transmitted by the market analysis database server; receiving patent information data which is transmitted by the patent retrieval database server and is associated with the product corresponding to the target patent; and calculating the patent income of the target patent by combining the market data and the patent information data.

Optionally, the calculating the patent benefit of the target patent by combining the market data and the patent information data includes: calculating the patent income of the target patent by combining the gross profit, the patent effectiveness and the patent contribution degree of the product corresponding to the target patent in a certain accounting year; wherein the gross profit of the corresponding product of the target patent in a certain accounting year is obtained based on the market data; the patent validity and the patent contribution are determined from the patent information data.

Optionally, the calculating the patent benefit of the target patent by combining the market data and the patent information data includes: calculating the patent gain of the target patent by using the following patent gain calculation formula:

P(P)＝M×b×α_PV×α_PC

wherein P (P) is the patent income of the target patent, M is the annual sales income of the product corresponding to the target patent in the patent right control market of the target patent in a certain accounting year, b is the gross interest rate of the product corresponding to the target patent in the patent right control market of the target patent, and alpha_PVIs patent efficacy, alpha_PCIs the contribution degree of the patent;

wherein annual sales income of the target patent corresponding product in the patent right control market of the target patent at a certain accounting year and a profitability of the target patent corresponding product in the patent right control market of the target patent are determined according to the market data.

Optionally, the patent validity is calculated according to the following calculation formula:

wherein alpha is_PVIs the patent validity, LI is the Chinese legal index, N is the total number of patents of the product corresponding to the target patent, and C is the corresponding of the target patentPatent legal event summation of products.

Optionally, the patent contribution degree is calculated according to the following calculation formula:

PVD＝0.5A+0.3B+0.2C

wherein alpha is_PCMeans the contribution degree of the patent; PVD refers to patentability; n refers to the total number of patents of the product corresponding to the target patent; a is the document page number variable of the target patent, and the value range is [0,1 ]](ii) a B is the number variable of the patent claims of the target patent, and the value range is [0,1 ]](ii) a C is the quoted time variable of the target patent, and the value range is [0,1 ]]。

On the other hand, the embodiment of the invention also provides a patent income determination method, wherein the determination method is applied to a market analysis database server, and the market analysis database server is connected with a system server; the determination method comprises the following steps: receiving the name of a product corresponding to the target patent; determining market data related to products corresponding to the target patent based on a market analysis database; transmitting the market data to the system server to cause the system server to calculate patent benefits of the target patent based on the market data.

On the other hand, the embodiment of the invention also provides a patent income determination method, the determination method is applied to a patent retrieval database server, and the patent retrieval database server is connected with a system server; the determination method comprises the following steps: receiving index information of the target patent and a name of a product corresponding to the target patent; determining whether the target patent is a valid patent based on the index information of the target patent; if the target patent is an effective patent, searching patent information data associated with a product corresponding to the target patent from a patent search database; and transmitting the searched patent information data to the system server so that the system server calculates the patent benefits of the target patent based on the patent information data.

Based on the method embodiment, the embodiment of the invention also provides a patent income determining device, wherein the determining device is applied to a system server, and the system server is respectively connected with the patent retrieval database server and the market analysis database server; the determination device comprises: the market data receiving unit is used for receiving market data of products corresponding to the target patents transmitted by the market analysis database server; a patent information data receiving unit, configured to receive patent information data associated with a product corresponding to the target patent, transmitted by the patent retrieval database server; and the patent profit calculation unit is used for calculating the patent profit of the target patent by combining the market data and the patent information data.

Based on the method embodiment, the embodiment of the invention also provides a device for determining the patent income, wherein the device for determining the patent income is applied to a market analysis database server, and the market analysis database server is connected with a system server; the determination device comprises: the product name receiving unit is used for receiving the name of the product corresponding to the target patent; the market data determining unit is used for determining market data related to products corresponding to the target patent based on a market analysis database; and the market data transmission unit is used for transmitting the market data to the system server so as to enable the system server to calculate the patent benefits of the target patent based on the market data.

Based on the method embodiment, the embodiment of the invention also provides a patent income determination device, wherein the determination device is applied to a patent retrieval database server, and the patent retrieval database server is connected with a system server; the determination device comprises: the index information receiving unit is used for receiving the index information of the target patent and the name of a product corresponding to the target patent; the valid patent screening unit is used for determining whether the target patent is a valid patent or not based on the index information of the target patent; the patent information retrieval unit is used for retrieving patent information data associated with a product corresponding to the target patent from a patent retrieval database if the target patent is a valid patent; and the patent information data transmission unit is used for transmitting the searched patent information data to the system server so that the system server calculates the patent benefits of the target patent based on the patent information data.

An embodiment of the present invention further provides a computer-readable storage medium, where the storage medium stores a computer program, and the computer program is used to execute the patent profit determination method.

An embodiment of the present invention further provides an electronic device, where the electronic device includes: a processor; a memory for storing the processor-executable instructions; the processor is used for reading the executable instructions from the memory and executing the instructions to realize the patent income determination method.

Compared with the prior art, the technical scheme at least has the following beneficial effects:

when determining the patent gain of a target patent, the technical scheme searches relevant market data (such as data of product market scale and patent interest rate) based on a product corresponding to the target patent, searches all patents (effective patents) covering the product corresponding to the target patent and patent event data generated by the patents by using a patent search database, and further compares the competitive relationship between the target patent and all other patents covering the product corresponding to the target patent, thereby determining variable indexes such as the patent contribution degree and the patent effectiveness of the target patent to the product. And finally, calculating according to a patent income calculation formula to obtain the patent income of the target patent.

Therefore, by adopting the patent income determination method of the technical scheme, the patent data and the market data are collected to carry out data analysis, and the parameters after the data analysis are substituted into the algorithm model (namely the patent income calculation formula), so that the patent income of the target patent can be calculated more objectively, reasonably and efficiently.

[ description of the drawings ]

In order to more clearly illustrate the technical solutions of the embodiments of the present invention, the drawings needed to be used in the embodiments will be briefly described below, and it is obvious that the drawings in the following description are only some embodiments of the present invention, and it is obvious for those skilled in the art to obtain other drawings based on these drawings without creative efforts.

FIG. 1 is a schematic system diagram of a patent profit determination system according to an embodiment of the present invention;

FIG. 2 is a flowchart illustrating a method for determining patent benefits according to an embodiment of the present invention;

FIG. 3 is a schematic flow chart diagram illustrating another embodiment of a method for determining patent benefits provided by an embodiment of the present invention;

FIG. 4 is a schematic flow chart diagram illustrating a method for determining patent benefits according to another embodiment of the present invention;

fig. 5 is a schematic structural diagram of an embodiment of a patent profit determination apparatus according to an embodiment of the present invention;

fig. 6 is a schematic structural diagram of another specific embodiment of a patent profit determination apparatus according to an embodiment of the present invention;

fig. 7 is a schematic structural diagram of another specific embodiment of a patent profit determination apparatus according to an embodiment of the present invention.

[ detailed description ] embodiments

For better understanding of the technical solutions of the present invention, the following detailed descriptions of the embodiments of the present invention are provided with reference to the accompanying drawings.

It should be understood that the described embodiments are only some embodiments of the invention, and not all embodiments. All other embodiments, which can be derived by a person skilled in the art from the embodiments given herein without making any creative effort, shall fall within the protection scope of the present invention.

In order to facilitate understanding of the technical solution of the present invention, an overall system architecture (hereinafter referred to as a "patent profit determination system") to which the method for determining patent profits provided by the embodiment of the present invention is applied is described.

Fig. 1 is a schematic system structure diagram of a patent profit determination system according to an embodiment of the present invention.

Referring to fig. 1, the patent profit determination system 1 includes: a system server 11, a patent search database server 12, and a market analysis database server 13. Wherein, the system server 11 establishes connection with the patent retrieval database server 12 and the market analysis database server 13 respectively, so that the system server 11 can perform data transmission with the patent retrieval database server 12 and the market analysis database server 13 respectively.

Further, the patent profit determination system 1 is also in communication with a user end 2, and in practical applications, the user end 2 may be a computer or a mobile phone or other communication terminals. The user can input information (for example, the patent application number of the target patent, the name of a product corresponding to the target patent, and the like) through the operation interface on the user side 2, the information input by the user can be transmitted to the patent profit determination system 1, and the patent profit determination system 1 feeds back the processing result to the user side 2 after analysis and processing.

Specifically, the user inputs the index information of the target patent and the name of the product corresponding to the target patent through the operation interface on the user side 2. The patent retrieval database server 12 determines whether the target patent is a valid patent according to the index information of the target patent, and if the target patent is a valid patent, further retrieves patent information data associated with the product from the patent retrieval database according to the product corresponding to the target patent, and transmits the searched patent information data to the system server 11.

The market analysis database server 13 will determine market data related to the product corresponding to the target patent and transmit the market data to the system server 11. Furthermore, the system server 11 calculates the patent profit of the target patent by using a patent profit algorithm and combining market data and patent information data, and feeds back the calculated patent profit value to the user terminal 2.

After the patent profit determination system according to the present invention is described in its entirety, the system server 11, the patent search database server 12, and the market analysis database server 13 will be described as the main implementation bodies of the patent profit determination method.

Fig. 2 is a schematic flow chart of a specific embodiment of a method for determining patent benefits according to an embodiment of the present invention.

Referring to fig. 2, the patent profit determination method includes the steps of:

step 201, receiving market data of the product corresponding to the target patent transmitted by the market analysis database server.

Step 202, receiving patent information data which is transmitted by the patent retrieval database server and is associated with the product corresponding to the target patent.

And step 203, combining the market data and the patent information data to calculate the patent income of the target patent.

It should be noted that the determining method described in this embodiment is implemented by using a system server as an execution main body.

Specifically, referring to the patent profit determination system shown in fig. 1, the system server may receive market data of a target patent corresponding product transmitted by the market analysis database server and patent information data associated with the target patent corresponding product transmitted by the patent retrieval database server, respectively (i.e., the above steps 201 and 202). Regarding the communication connection manner between the servers, those skilled in the art may implement wired communication, wireless communication, or other existing communication manners, and details thereof are not described herein.

In step 203, the calculating the patent benefit of the target patent by combining the market data and the patent information data includes:

calculating the patent income of the target patent by combining the gross profit, the patent effectiveness and the patent contribution degree of the product corresponding to the target patent in a certain accounting year; wherein the gross profit of the corresponding product of the target patent in a certain accounting year is obtained based on the market data; the patent validity and the patent contribution are determined from the patent information data.

Specifically, the gross profit refers to the tax-free sales income minus the tax-free cost of the product corresponding to the sales target patent. In practical application, because the tax-free cost of an enterprise is difficult to obtain through a public channel, the gross profit can also be calculated according to the product of annual sales income of a product corresponding to a target patent and the gross profit rate of the product.

However, if the sales income and gross profit of the product corresponding to the target patent in the last year of the evaluation reference day cannot be obtained, the sales income and gross profit in the last year of the evaluation reference day may be obtained and then the sales income and gross profit in the last year of the evaluation reference day may be estimated based on the sales income and gross profit growth rate data.

The patent effectiveness is used to evaluate the effectiveness of a patent element in achieving a minimum quantifiable patent product sales profit relative to other elements including: capital, technology, cost control and management, human resources, channels, brands, natural conditions of production, legal and policy environments, etc., the sum of the efficacy values of each element being equal to 1. Patent validity may also be understood as the rate at which a patent element contributes to achieving a minimum quantifiable patent product sales margin relative to other elements. The higher the patentability, the greater the effectiveness of the patent element, and the greater the contribution to achieving the minimum quantifiable patent product sales margin.

The patent contribution degree refers to the ratio of the patent value degree of the target patent to the sum of the patent value degrees of all patents covering the corresponding product of the target patent. The law control force of a patent based on the technical value is quantitatively expressed by using the 'patent value degree', and the higher the patent value is, the stronger the law control force is. The patent value degree is calculated by 6 variables such as patentability degree of a technical scheme, infringement necessity and the like according to a certain mathematical relationship.

In a specific embodiment, the calculating the patent benefit of the target patent by combining the market data and the patent information data in step 203 may calculate the patent benefit of the target patent by using the following patent benefit calculation formula:

P(P)＝M×b×α_PV×α_PC

wherein P (P) is the patent income of the target patent, M is the annual sales income of the product corresponding to the target patent in the patent right control market of the target patent in a certain accounting year, b is the gross interest rate of the product corresponding to the target patent in the patent right control market of the target patent, and alpha_PVIs patent efficacy, alpha_PCIs the contribution of the patent.

For easy understanding, the concepts of the patent benefits and the corresponding products of the target patent related to the present embodiment are explained first:

the target patent corresponding product is referred to as a 'minimum quantifiable patent product'.

By "minimum quantifiable patent product" is meant a product or service corresponding to a patent that should satisfy the following three conditions:

1) the method is closest to the technical scheme of the patent;

2) can be metered separately;

3) can be sold as a stand-alone product and form a stable market. If the product or service, although closest to the patented solution, cannot be metered and sold separately, the product or service needs to be divided up until the product or service can be metered and sold separately.

The smallest quantifiable patent product is the source and computing base of patent revenue, and does not refer to a product or service produced by a patent implementer, but rather broadly refers to a class of products or services.

The patent profit refers to the profit that the target patent should obtain from the sales profit of the "smallest quantifiable patent product" or to the "profit contribution". The patent income is the basis for subsequently evaluating the patent, and comprises the calculation of future patent value forms such as patent asset value period value, patent transaction value, patent license value and the like.

The assumptions of patent gain are:

1) the target patent competes well with other patents around the smallest quantifiable patent product;

2) the target patent is fully implemented without distinction (the patent is fully implemented, the implementation degree is irrelevant to the implementer, and only relevant to the competitive patent).

The patent gains are obtained under the following conditions:

1) the benefit comes from the smallest quantifiable patent product, not from a particular patent product;

2) the patent benefits define a time frame over which the benefits of the target patent should be realized within a certain time period (e.g., a certain number of years). Generally refers to assessing patent revenue for the last year of the day.

In this embodiment, the annual sales income of the product corresponding to the target patent in the patent right control market of the target patent in a certain accounting year and the profit margin of the product corresponding to the target patent in the patent right control market of the target patent are determined according to the market data.

α_PVIs the patent validity, which is calculated according to the following calculation formula:

wherein alpha is_PVIs the patent validity, LI is the Chinese legal index, N is the total number of patents of the product corresponding to the target patent, and C is the sum of the patent legal events of the product corresponding to the target patent.

In this embodiment, as described above, patent validity refers to the contribution rate of a patent element to achieving a minimum quantifiable patent product sales margin relative to other elements (e.g., capital, technology, brand, channel, etc.). The higher the patentability, the greater the effectiveness of the patent element, and the greater the contribution to achieving the minimum quantifiable patent product sales margin.

The legal indexes of the countries where the patents are (for example, the legal indexes of the countries corresponding to the Chinese patents) are a constant which is issued by the World just Project organization in a report form and updated once every year, and the report analyzes legal environments of main countries all over the World and calculates the legal indexes of each country. In this standard, the index is cited for calculating patent validity. For example, according to the latest published 2020 Global legal index, the Chinese legal index is 0.48.

The sum of patent legal events of the corresponding products of the target patent refers to the sum of legal events which occur in all patents surrounding the smallest quantifiable patent product until the evaluation starting date. Legal events include, but are not limited to, transfers, licenses, reviews, invalidations, litigation, pledges, customs dockets, standardization, and the like.

α_PCThe patent contribution degree is calculated according to the following calculation formula:

PVD＝0.5A+0.3B+0.2C

wherein alpha is_PCMeans the contribution degree of the patent; PVD refers to patentability; n refers to the total number of patents of the product corresponding to the target patent; a is the document page number variable of the target patent, and the value range is [0,1 ]](ii) a B is the number variable of the patent claims of the target patent, and the value range is [0,1 ]](ii) a C is the quoted time variable of the target patent, and the value range is [0,1 ]]。

In a specific embodiment, the values of the A, B and C variables can be obtained as follows:

a: more than or equal to 100 pages, and taking the value 1; a is more than or equal to 90 pages and less than 100 pages, and the value is 0.9; and so on.

B: greater than or equal to 50 items, and taking the value 1; a is more than or equal to 45 items and less than 50 items, and the value is 0.9; a is more than or equal to 40 items and less than 45 items, and the value is 0.8; and so on.

C: more than or equal to 10 times, the value is 1; c is 9 times, and the value is 0.9; c is 8 times, and the value is 0.8; and so on.

It should be noted that, in practical applications, the way of taking the values of the three variables A, B and C is not limited to the above embodiment.

The patent value degree represents the legal control force of the patent based on the technical value, and the higher the patent value is, the stronger the legal control force is. The patent value degree is calculated by 6 variables of patentability degree, infringement certainty and the like according to a certain mathematical relation. The calculation method is formulated as:

PVD＝α_AS×α_DQ×(β₁K_IN+β₂K_TP+β₃K_VT+β₄K_IJ)

wherein β 1 is 0.5; β 2 ═ 0.3; β 3 ═ 0.1; beta 4 ═ 0.1

PVD is a patented value; alpha is alpha_ASIs a property stability assessment factor; alpha is alpha_DQIs a quality evaluation factor written in patent literature; k_INIs an infringement necessity primary variable; k_TPIs patentable degree of the technical scheme; k_VTIs a primary variable of the period of validity of the patent; k_IJIs a primary variable of infringement and judgment.

Further, in practical application, the contribution degree α of the target patent to the above patent can be determined according to the legal state and the implementation situation of the target patent_PCAnd (6) adjusting and correcting. In this embodiment, a patent contribution correction calculation formula is given:

α_PC′＝Q₁×Q₂×Q₃×α_PC

wherein alpha is_PC' is the degree of correction of the contribution of the patent; q is the correction factor; alpha is alpha_PCIs the contribution of the patent.

The above-mentioned correction coefficient can be taken according to different situations, for example:

1) actual implementation of patents and realization of sales revenue, Q₁Not, Q₁＝1；

2) Over-invalidation of the patent, Q₂(ii) 5; otherwise, Q₂＝1；

3) Patent litigation, Q₃(ii) 5; otherwise, Q₃＝1。

In practical applications, the value of the correction coefficient is not limited to the above embodiment.

Different from the prior art, in the technical scheme, when the patent gain of the target patent is determined, based on market data (for example, data such as product market scale and patent interest rate) related to product retrieval corresponding to the target patent, all patents (effective patents) covering the product corresponding to the target patent and patent event data generated by the patents are retrieved by using a patent retrieval database, and then the competitive relationship between the target patent and all other patents covering the product corresponding to the target patent is compared, so that variable indexes such as the patent contribution degree and the patent effectiveness degree of the target patent to the product are determined. And finally, calculating according to a patent income calculation formula to obtain the patent income of the target patent.

Therefore, by adopting the patent income determination method of the technical scheme, the patent data and the market data are collected to carry out data analysis, and the parameters after the data analysis are substituted into the algorithm model (namely the patent income calculation formula), so that the patent income of the target patent can be calculated more objectively, reasonably and efficiently.

Fig. 3 is a schematic flow chart of another specific embodiment of the method for determining patent benefits according to the embodiment of the present invention.

Referring to fig. 3, the patent profit determination method includes the steps of:

step 301, receiving the name of a product corresponding to the target patent;

step 302, determining market data related to products corresponding to the target patent based on a market analysis database;

step 303, transmitting the market data to the system server, so that the system server calculates the patent benefits of the target patent based on the market data.

It should be noted that the determining method described in this embodiment takes the market analysis database server as an execution subject.

Specifically, in step 301, the name of the product corresponding to the target patent is input by the user on the operation interface of the user side and then transmitted to the market analysis database server. The user determines the minimum measurable patent product based on the technical scheme of the target patent and inputs the name of the determined minimum measurable patent product at the user side.

In step 302, the market analysis database may be a self-developed market analysis database or a third party commercial analysis database. The market data at least comprises annual sales income of the corresponding product of the target patent in the patent right control market of the target patent in a certain accounting year and the gross interest rate of the corresponding product of the target patent in the patent right control market of the target patent.

In a specific embodiment, the step 302 specifically includes:

step 3021, determining whether the market analysis database contains market data of a product corresponding to the target patent.

And step 3022, if yes, using the retrieved market data as the market data of the product corresponding to the target patent.

Step 3023, if not, determining whether the market analysis database contains market data of a product similar to the product corresponding to the target patent;

and step 3024, if yes, determining market data of the product corresponding to the target patent based on the market data of the approximate product.

Step 3025, if not, obtaining market data of a superior product of the product corresponding to the target patent, and then determining the market data of the product corresponding to the target patent by combining an algorithm.

For example, if the target patent corresponds to a product of "soap", the market analysis database is queried to determine whether there is market data about "soap", and if the market data about "soap" is included, the retrieved market data about "soap" is directly used.

If there is no market data of "soap", it is further inquired whether market data of a product (for example, facial cleanser) similar to "soap" is included, and if the market data of "facial cleanser" is included, the market data of the product (facial cleanser) similar to "soap" is adopted as the market data of the product (soap) corresponding to the target patent.

If the market data of the approximate product is not contained, the market data of a superior product (such as a toiletry) of the product corresponding to the target patent is obtained, and then the market data of the product (soap) corresponding to the target patent is determined by combining an algorithm to determine the share of the product (soap) corresponding to the target patent in the superior product (the toiletry).

In practical applications, the market analysis database may be designed in advance, for example, fields of the main data table include "patent corresponding product name", "market size (calculation field)", "market size (collection field)", "annual sales income (collection field)", "production value (collection field)", "sales amount (collection field)", "data source", "collection time", and the like.

The collected data can be automatically screened and calculated, and the principle is as follows:

1) the method comprises the following steps that when a plurality of data are collected by the same product, weighted average is carried out on the plurality of data;

2) collecting data N months (with adjustable parameters, such as 6 months) before the date of data updating as valid data;

3) and collecting data every N days (parameters are adjustable, such as every 30 days), reconstructing the database, and updating the original data.

Fig. 4 is a flowchart illustrating a method for determining a patent profit according to another embodiment of the present invention.

Referring to fig. 4, the patent profit determination method includes the steps of:

step 401, receiving index information of the target patent and a name of a product corresponding to the target patent;

step 402, determining whether the target patent is a valid patent or not based on the index information of the target patent;

step 403, if the target patent is a valid patent, retrieving patent information data associated with a product corresponding to the target patent from a patent retrieval database;

step 404, transmitting the searched patent information data to the system server, so that the system server calculates the patent benefit of the target patent based on the patent information data.

It should be noted that the determining method described in this embodiment is implemented by taking a patent search database server as an execution main body.

In step 401, the index information includes, but is not limited to, a patent application number, a patent publication number, an issued number (if the target patent is an issued patent), a patent name, etc. of the target patent. That is, the patent retrieval database server may determine the corresponding target patent according to the index information. The index information is transmitted from the user terminal to the patent retrieval database server.

In step 402, it is determined whether the target patent is a valid patent based on the index information of the target patent. The valid patents include published patent applications (not yet authorized), issued patents (still in valid state), but not rejected patent applications, and patents that are authorized but have failed for other reasons (e.g., annual fees are not paid or patents are expired).

In step 403, if the target patent is a valid patent, patent information data associated with a product corresponding to the target patent is retrieved from a patent retrieval database. In practical applications, the patent search database server may use an algorithm (e.g., artificial intelligence technology) to construct a search formula according to the target patent product (i.e., the smallest quantifiable patent product), so that a search is performed in the patent search database based on the search formula to search out all patents that can cover the target patent product. Further, in practical applications, in order to improve the retrieval accuracy, it is necessary to filter and dry retrieved patents to exclude patents that are irrelevant or less relevant to the product corresponding to the target patent.

In this embodiment, the patent information data at least includes the total number of patents of the product corresponding to the target patent, the total number of patent legal events of the product corresponding to the target patent, the number of documents of the target patent, the number of patent claims of the target patent, and the number of cited times variable of the target patent. Of course, in practical applications, the patent information data is not limited to the above data information, and other patent information data may be selected according to different evaluation requirements and evaluation models.

Fig. 5 is a schematic structural diagram of an embodiment of a patent profit determination apparatus according to an embodiment of the present invention.

Referring to fig. 5, the determination device 5 includes:

a market data receiving unit 51, configured to receive market data of a product corresponding to the target patent transmitted by the market analysis database server. A patent information data receiving unit 52, configured to receive the patent information data associated with the product corresponding to the target patent and transmitted by the patent retrieval database server. And a patent profit calculation unit 53, configured to calculate a patent profit of the target patent by combining the market data and the patent information data.

In conjunction with the patent profit determination system shown with reference to fig. 1, the determination device 5 according to the present embodiment is applied to a system server that establishes connections with a patent search database server and a market analysis database server, respectively. In this embodiment, the specific implementation of each unit in the determining apparatus 5 may refer to the description of the method embodiment described in fig. 2, and is not described herein again.

Fig. 6 is a schematic structural diagram of another specific embodiment of a patent profit determination apparatus according to an embodiment of the present invention.

Referring to fig. 6, the determination device 6 includes:

and the product name receiving unit 61 is used for receiving the name of the product corresponding to the target patent. And a market data determining unit 62, configured to determine market data related to the product corresponding to the target patent based on the market analysis database. A market data transmission unit 63, configured to transmit the market data to the system server, so that the system server calculates the patent profit of the target patent based on the market data.

In conjunction with the patent profit determination system shown with reference to fig. 1, the determination device 6 according to the present embodiment is applied to a market analysis database server that establishes a connection with a system server. In this embodiment, the specific implementation of each unit in the determining apparatus 6 may refer to the description of the method embodiment described in fig. 3 above, and is not described herein again.

Fig. 7 is a schematic structural diagram of another specific embodiment of a patent profit determination apparatus according to an embodiment of the present invention.

Referring to fig. 7, the determination device 7 includes:

and an index information receiving unit 71, configured to receive the index information of the target patent and a name of a product corresponding to the target patent. An effective patent screening unit 72, configured to determine whether the target patent is an effective patent based on the index information of the target patent. And a patent information retrieving unit 73, configured to, if the target patent is a valid patent, retrieve patent information data associated with a product corresponding to the target patent from a patent retrieval database. A patent information data transmission unit 74, configured to transmit the searched patent information data to the system server, so that the system server calculates the patent benefit of the target patent based on the patent information data.

In conjunction with the patent profit determination system shown with reference to fig. 1, the determination device 7 according to the present embodiment is applied to a patent search database server that establishes a connection with a system server. In this embodiment, the specific implementation of each unit in the determining apparatus 7 may refer to the description of the method embodiment described in fig. 4 above, and is not described herein again.

An embodiment of the present invention further provides a computer-readable storage medium, where the storage medium stores a computer program, and the computer program is configured to execute each step in the embodiment of the patent profit determination method described in fig. 2.

An embodiment of the present invention further provides an electronic device, where the electronic device includes: a processor; a memory for storing the processor-executable instructions; the processor is configured to read the executable instructions from the memory and execute the instructions to implement the steps in the embodiment of the patent benefit determination method described in fig. 2.

An embodiment of the present invention further provides a computer-readable storage medium, where the storage medium stores a computer program, and the computer program is configured to execute each step in the embodiment of the patent profit determination method described in fig. 3.

An embodiment of the present invention further provides an electronic device, where the electronic device includes: a processor; a memory for storing the processor-executable instructions; the processor is configured to read the executable instructions from the memory and execute the instructions to implement the steps in the embodiment of the patent benefit determination method described in fig. 3.

An embodiment of the present invention further provides a computer-readable storage medium, where the storage medium stores a computer program, and the computer program is configured to execute each step in the embodiment of the patent profit determination method described in fig. 4.

An embodiment of the present invention further provides an electronic device, where the electronic device includes: a processor; a memory for storing the processor-executable instructions; the processor is configured to read the executable instructions from the memory and execute the instructions to implement the steps in the embodiment of the patent benefit determination method described in fig. 4.

The terminology used in the embodiments of the invention is for the purpose of describing particular embodiments only and is not intended to be limiting of the invention. As used in the examples of the present invention and the appended claims, the singular forms "a," "an," and "the" are intended to include the plural forms as well, unless the context clearly indicates otherwise.

It should be understood that the term "and/or" as used herein is merely one type of association that describes an associated object, meaning that three relationships may exist, e.g., a and/or B may mean: a exists alone, A and B exist simultaneously, and B exists alone. In addition, the character "/" herein generally indicates that the former and latter related objects are in an "or" relationship.

It is clear to those skilled in the art that, for convenience and brevity of description, the specific working processes of the above-described systems, apparatuses and units may refer to the corresponding processes in the foregoing method embodiments, and are not described herein again.

In the embodiments provided in the present invention, it should be understood that the disclosed system, apparatus and method may be implemented in other ways. For example, the above-described apparatus embodiments are merely illustrative, and for example, the division of the units is only one logical division, and there may be other divisions in actual implementation, for example, a plurality of units or components may be combined or integrated into another system, or some features may be omitted, or not executed. In addition, the shown or discussed mutual coupling or direct coupling or communication connection may be an indirect coupling or communication connection through some interfaces, devices or units, and may be in an electrical, mechanical or other form.

The units described as separate parts may or may not be physically separate, and parts displayed as units may or may not be physical units, may be located in one place, or may be distributed on a plurality of network units. Some or all of the units can be selected according to actual needs to achieve the purpose of the solution of the embodiment.

In addition, functional units in the embodiments of the present invention may be integrated into one processing unit, or each unit may exist alone physically, or two or more units are integrated into one unit. The integrated unit can be realized in a form of hardware, or in a form of hardware plus a software functional unit.

The integrated unit implemented in the form of a software functional unit may be stored in a computer readable storage medium. The software functional unit is stored in a storage medium and includes several instructions for causing a computer device (which may be a personal computer, a server, or a network device) or a Processor (Processor) to execute some steps of the methods according to the embodiments of the present invention. And the aforementioned storage medium includes: various media capable of storing program codes, such as a usb disk, a removable hard disk, a Read-Only Memory (ROM), a Random Access Memory (RAM), a magnetic disk, or an optical disk.

The above description is only for the purpose of illustrating the preferred embodiments of the present invention and is not to be construed as limiting the invention, and any modifications, equivalents, improvements and the like made within the spirit and principle of the present invention should be included in the scope of the present invention.