The content of the invention
The present invention provides a kind of patent of invention value calculation method and apparatus, take backstage is automatic to obtain plus be manually enteredMode obtain every relevant information of patent and combine preset algorithm and calculate patent value, can solve to deposit in existing schemeEvaluation process in all information gathering process be required for manually participating in, evaluation process excessively relies on expert's experience,Assess the problem of result of calculation is subjective.
To solve the above-mentioned problems, the embodiment of the present invention provides a kind of patent of invention value calculation method, including：
The authorization date information of patent of invention to be calculated is inquired about in the database；
If the authorization date information of the patent can not be inquired, it is determined that do not calculate the value of the patent；
If the authorization date information of the patent can be inquired, validity information, the law for obtaining the patent are relatedInformation, citation information, remaining period of validity, patent families information, claim item number information, rights protection scope characterization letterBreath；
Obtain the infringement easily property the sentenced characterization information and patent quality characterization information of the patent input by user；
Determine whether the patent is effective according to the validity information；
When determining that the patent is effective, closed according to the content of the various information of the default acquisition is corresponding with score valueSystem determines the correspondence score value of the various information of the acquisition；
According to the correspondence score value of the various information, the corresponding default weighted value of the various information and patent of inventionIt is worth the value that algorithm calculates the patent.
Optionally,
The citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claimsLine number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, beNo live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity；
The infringement easily property the sentenced characterization information includes：Can directly judge, can judge indirectly, can speculative arbitration, be not easy to judge；
The patent quality characterization information includes：Patent quality is very good, patent quality is fine, patent quality is general, speciallyProfit is second-rate.
Optionally, the patent of invention value algorithm is：
PVD=A1*W1+A2*W2+A3*W3+A4*W4+A5*W5+A6*W6+A7*W7+A8*W8；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6、A7、A8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe score value of the Quan Yi property sentenced characterization information, the patent quality characterization information；
W1、W2、W3、W4、W5、W6、W7、W8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe weight of the Quan Yi property sentenced characterization information, the patent quality characterization information.
Optionally, the codomain of the corresponding score value of the various information is [0,10]；The various information is corresponding pre-If the codomain of weight is [0,1].
Optionally, W1Value is 0.3, W2、W3、W4、W5、W6、W7、W8Value be respectively：0.05、0.1、0.05、0.05、0.1、0.15、0.2。
The embodiment of the present invention provides a kind of patent of invention value calculation device, including：
Enquiry module, for inquiring about the authorization date information of patent of invention to be calculated in the database；
First determining module, if the authorization date information of the patent can not be inquired for enquiry module, it is determined that noCalculate the value of the patent；
First acquisition module, if the authorization date information of the patent can be inquired for enquiry module, described in acquisitionThe validity information of patent, law relevant information, citation information, remaining period of validity, patent families information, claim item numberInformation, rights protection scope characterization information；
Second acquisition module, for obtaining the infringement easily property the sentenced characterization information and patent matter of the patent input by userMeasure characterization information；
Second determining module, for determining whether the patent is effective according to the validity information；
3rd determining module, for when determining that the patent is effective, according to the various information of the default acquisitionContent determines the corresponding score value of the various information of the acquisition with the correspondence of score value；
Processing module, for the correspondence score value according to the various information, the corresponding default weighted value of the various information,And patent of invention value algorithm calculates the value of the patent.
Optionally,
The citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claimsLine number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, beNo live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity；
The infringement easily property the sentenced characterization information includes：Can directly judge, can judge indirectly, can speculative arbitration, be not easy to judge；
The patent quality characterization information includes：Patent quality is very good, patent quality is fine, patent quality is general, speciallyProfit is second-rate.
Optionally, the patent of invention value algorithm is：
PVD=A1*W1+A2*W2+A3*W3+A4*W4+A5*W5+A6*W6+A7*W7+A8*W8；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6、A7、A8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe score value of the Quan Yi property sentenced characterization information, the patent quality characterization information；
W1、W2、W3、W4、W5、W6、W7、W8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe weight of the Quan Yi property sentenced characterization information, the patent quality characterization information.
Optionally, the codomain of the corresponding score value of the various information is [0,10]；The various information is corresponding pre-If the codomain of weight is [0,1].
Optionally, W1Value is 0.3, W2、W3、W4、W5、W6、W7、W8Value be respectively：0.05、0.1、0.05、0.05、0.1、0.15、0.2。
The embodiment of the present invention provides a kind of patent of invention value calculation method and apparatus, takes the automatic acquisition in backstage to add artificialThe mode of input obtains every relevant information of patent and combines preset algorithm to calculate patent value, can solve existing schemePresent in information gathering process all in evaluation process be required for manually participating in, evaluation process excessively relies on expert itself warpTest, assess the problem of result of calculation is subjective.
Other features and advantages of the present invention will be illustrated in the following description, also, partly becomes from specificationObtain it is clear that or being understood by implementing the present invention.The purpose of the present invention and other advantages can be by specification, rightsSpecifically noted structure is realized and obtained in claim and attached drawing.
Embodiment
Technical scheme is described in detail below in conjunction with accompanying drawings and embodiments.
If it should be noted that not conflicting, each feature in the embodiment of the present invention and embodiment can be tied mutuallyClose, within protection scope of the present invention.In addition, though logical order is shown in flow charts, but in some situationsUnder, can be with the steps shown or described are performed in an order that is different from the one herein.
The embodiment of the present invention provides a kind of patent of invention value calculation method, as shown in Figure 1, including：
S110, the authorization date information for inquiring about patent of invention to be calculated in the database.
Exemplary, the database can be patent information retrieval database, and system can pass through the database root evidenceThe authorization date information of patent of invention to be calculated, the identification information described in the identification information-enquiry of the patent of invention to be calculatedIt can be the application number of the patent or can be mark corresponding with application number etc..
If S120, the authorization date information that the patent can not be inquired, it is determined that do not calculate the value of the patent.
It is exemplary, if patent be in undisclosed state, in examination as to substances state, recall or be rejected, can not look intoThe authorization date information of the patent is ask, does not calculate the valency of the patent in technical solution provided in an embodiment of the present inventionValue.
If S130, the authorization date information that the patent can be inquired, obtain the patent validity information and itsHis relevant information, the relevant information include：Law relevant information, citation information, remaining period of validity, patent families information,Claim item number information, rights protection scope characterization information.
S140, the infringement easily property the sentenced characterization information and patent quality characterization information for obtaining the patent input by user.
Optionally, the citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claimsLine number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, beNo live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity；
Specifically, at present, above-mentioned various information can be provided in existing patent retrieval analysis software.The present invention is implementedCan be by the relevant information of software grabs patent to be calculated in example, or can also be with reference to existing patent retrieval analysis softwareDesigned, designed algorithm is processed patent data the extraction relevant information.More specifically, those skilled in the art can joinUnderstand that emphasis of the invention does not lie in this, therefore does not repeat according to existing patent retrieval analysis system.
The infringement easily property the sentenced characterization information includes：Can directly judge, can judge indirectly, can speculative arbitration, be not easy to judge；
The patent quality characterization information includes：Patent quality is very good, patent quality is fine, patent quality is general, speciallyProfit is second-rate.
Specifically, the infringement easily property sentenced characterization information and the patent quality characterization information are to described special by userThe information that profit inputs after being analyzed according to system requirements.
Optionally, the codomain of the corresponding score value of the various information is [0,10]；The various information is corresponding pre-If the codomain of weight is [0,1].
S150, according to the validity information determine whether the patent is effective.
Specifically, validity information includes：Effectively, it is invalid, it is invalid including：It is invalid to be deactivated claimant.
S160, when determining that the patent is effective, according to the content of the various information of the default acquisition and score valueCorrespondence determines the correspondence score value of the various information of the acquisition.
It is used to store the correspondence specifically, a database can be preset in system, is preserved in the databaseThe content of the various information and the correspondence of score value, then can be according to foregoing correspondence after various information is gotIt can determine the correspondence score value of various information.
Optionally, when determining that the patent is invalid, due to thinking it from beginning to end i.e. for invalidated patent in Patent LawIt is not present, therefore, scheme provided in an embodiment of the present invention does not calculate invalidated patent its value.
S170, according to the correspondence score value of the various information, the corresponding default weighted value of the various information and inventionPatent value algorithm calculates the value of the patent.
Optionally, the patent of invention value algorithm is：
PVD=A1*W1+A2*W2+A3*W3+A4*W4+A5*W5+A6*W6+A7*W7+A8*W8；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6、A7、A8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe score value of the Quan Yi property sentenced characterization information, the patent quality characterization information；
W1、W2、W3、W4、W5、W6、W7、W8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe weight of the Quan Yi property sentenced characterization information, the patent quality characterization information.
Optionally, W1Value is 0.3, W2、W3、W4、W5、W6、W7、W8Value be respectively：0.05、0.1、0.05、0.05、0.1、0.15、0.2。
Exemplary, the corresponding default weight of the various information can also be stored in system in default databaseValue, correspondence score value, corresponding default weight value and above-mentioned algorithm then in conjunction with the S160 various informations determined canTo calculate patent value score value, it is worth mentioning at this point that, the value for the patent being calculated according to above-mentioned algorithm is ten point systemScore value, the embodiment of the present invention are not limited to calculate the score value of the ten point system of patent, can also uniformly be multiplied by a multiple and expandFor the scoring results of other point of type processed.
A kind of patent of invention value calculation method provided in an embodiment of the present invention, takes backstage is automatic to obtain plus be manually enteredMode obtain every relevant information of patent and combine preset algorithm and calculate patent value, can solve to deposit in existing schemeEvaluation process in all information gathering process be required for manually participating in, evaluation process excessively relies on expert's experience,Assess the problem of result of calculation is subjective.
In order to enable those skilled in the art that technical solution provided in an embodiment of the present invention is more clearly understood, belowIllustrated by detailed implementation example：
Implement example
In this implementation example, first the particular content of various information and the correspondence of score value of patent illustrateIt is bright：
Law relevant information：One by the scoring scope of patent of invention that examines and authorize 4-10/.ForThe patent of invention of mandate is divided into 7 points substantially, if counting on patent of invention lives through review, invalid or be related to lawsuit and still protectHold effective status or live through and pledge, live through transfer or live through license, then 2-3 points of score value increase, unified in this exampleFor 3 points of increase.
It is cited information：Basic score value is 6 points；The citation number of patent is more than 5, and score value increases by 2 points, when citation number is not more than 5Not bonus point also not deduction；It is cited number and is more than 5, score value increases by 2 points, is cited when number is not more than 5 not bonus point also not deduction.
Remaining period of validity：It is also more that remaining period of validity refers to that a granted patent is counted from the current calculating score value timeThe prolonged protection period.For the remaining period of validity of a patent, it is set as follows in this implementation example, is specifically shown in table 1 below：
Patent families information：Quantity of the same clan is that the score value of 0 patent is set as 4 points；If a patent has the 1-3 parts sameRace's patent, then score value be respectively set as 5 points, 6 points, 7 points；If the quantity for the patent families that a patent has is not less than 4, score valueIt is set as 8 points.If the patent families of a patent is authorized in other countries, 1-2 points of score value increase, unites in this exampleOne is 2 points of increase.
Claim item number information：Basic score value is 4 points；When independent claims item number is 2-4, score value increases by 2 points；Not bonus point also not deduction during dependent claims 0-2；During dependent claims 3-6, score value increases by 1 point；Appurtenance willWhen asking more than 6, score value is further added by 2 points.
Rights protection scope characterization information：Basic score value is 5 points；Technical characteristic quantity is less than 20 in independent claimsA, score value increases by 2 points, not bonus point also not deduction during more than 20；Independent claims line number is less than 15 rows, and score value increases by 2 points,Not bonus point also not deduction during more than 15 row；Independent claims number of words is no more than 400 words, and score value increases by 1 point, more than 400 words notBonus point also not deduction.
The infringement easily property sentenced characterization information：Score value is set referring to following table
Above table can be supplied to user by the form of webpage, and user selects according to " the artificial judgment criteria of user "After " user option ", after system gets the particular content of " user option " of user's selection, it can determine that according to upper table correspondingScore value.
Patent quality characterization information：Referring to following table
Above table can be supplied to user by the form of webpage, and user carries out according to " the artificial judgment criteria of user "After " user's marking ", system can get the specific score value of " the user's marking " of user's selection.
Below by taking a patent of invention as an example, patent of invention value calculation method provided in an embodiment of the present invention is saidIt is bright.
Assuming that get the validity information of the patent, law relevant information, citation information, remaining period of validity, of the same clanPatent information, claim item number information, rights protection scope characterization information, the infringement easily property sentenced characterization information, patent quality tableReference ceases；Can inquire the authorization date information of the patent in the database, and the validity information of the patent be it is effective, soDetermine that the corresponding score value of foregoing various information is respectively A according to the particular content of other above-mentioned foregoing various informations afterwards1=8 points, A2=6 points, A3=7 points, A4=6 points, A5=6 points, A6=7 points, A7=6 points, A8=8 points.
The patent of invention is worth algorithm：
PVD=A1*W1+A2*W2+A3*W3+A4*W4+A5*W5+A6*W6+A7*W7+A8*W8；
Wherein, W1=0.3, W2=0.05, W3=0.1, W4=0.05, W5=0.05, W6=0.1, W7=0.15, W8=0.2。
Then the value quantity of the patent of invention is：
PVD=8*0.3+6*0.05+7*0.1+6*0.05+6*0.05+7*0.1+6*0.15+8*0.2=7.2
The embodiment of the present invention provides a kind of patent of invention computing device 10, as shown in Fig. 2, including：
Enquiry module 11, for inquiring about the authorization date information of patent of invention to be calculated in the database；
First determining module 12, if the authorization date information of the patent can not be inquired for enquiry module, it is determined thatThe value of the patent is not calculated；
First acquisition module 13, if can inquire the authorization date information of the patent for enquiry module, obtains instituteState validity information, law relevant information, citation information, remaining period of validity, patent families information, the claim of patentNumber information, rights protection scope characterization information；
Second acquisition module 14, for obtaining the infringement easily property sentenced characterization information and the patent of the patent input by userQuality characterization information；
Second determining module 15, for determining whether the patent is effective according to the validity information；
3rd determining module 16, for when determining that the patent is effective, according to the various information of the default acquisitionContent determined with the correspondence of score value the acquisition various information corresponding score value；
Processing module 17, for the correspondence score value according to the various information, the corresponding default weight of the various informationValue and patent of invention value algorithm calculate the value of the patent.
Optionally,
The citation information includes：The citation number of the patent, the patent are cited number；
The claim item number information includes：Independent claims item number, dependent claims item number；
The rights protection scope characterization information includes：Technical characteristic quantity, independent claims in independent claimsLine number, independent claims number of words；
The law relevant information includes：Whether live through it is invalid, whether live through lawsuit, whether live through review, beNo live through pledges, whether lives through transfer, whether lives through license；
The patent families information includes：Patent families quantity, patent families right validity；
The infringement easily property the sentenced characterization information includes：Can directly judge, can judge indirectly, can speculative arbitration, be not easy to judge；
The patent quality characterization information includes：Patent quality is very good, patent quality is fine, patent quality is general, speciallyProfit is second-rate.
Optionally, the patent of invention value algorithm is：
PVD=A1*W1+A2*W2+A3*W3+A4*W4+A5*W5+A6*W6+A7*W7+A8*W8；
Wherein, PVD represents the value of the patent；
A1、A2、A3、A4、A5、A6、A7、A8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe score value of the Quan Yi property sentenced characterization information, the patent quality characterization information；
W1、W2、W3、W4、W5、W6、W7、W8Represent that the law relevant information, the citation information, the residue have respectivelyEffect time limit, the patent families information, the claim item number information, the rights protection scope characterization information, described invadeThe weight of the Quan Yi property sentenced characterization information, the patent quality characterization information.
Optionally, the codomain of the corresponding score value of the various information is [0,10]；The various information is corresponding pre-If the codomain of weight is [0,1].
Optionally, W1Value is 0.3, W2、W3、W4、W5、W6、W7、W8Value be respectively：0.05、0.1、0.05、0.05、0.1、0.15、0.2。
On the device in above-described embodiment, wherein modules perform the concrete mode of operation in related this methodEmbodiment in be described in detail, explanation will be not set forth in detail herein.
A kind of patent of invention value calculation device provided in an embodiment of the present invention, takes backstage is automatic to obtain plus be manually enteredMode obtain every relevant information of patent and combine preset algorithm and calculate patent value, can solve to deposit in existing schemeEvaluation process in all information gathering process be required for manually participating in, evaluation process excessively relies on expert's experience,Assess the problem of result of calculation is subjective.
Device embodiment described above is only schematical, for example, the division of module, is only a kind of logic work(It can divide, can there is other dividing mode when actually realizing.It is another, the mutual connection of shown or discussed moduleIt can be by some interfaces, can be electrical, machinery or other forms.The modules can be or can not alsoIt is physically separate, may or may not be physical location.Part therein can be selected according to the actual needsOr whole modules realize the purpose of this embodiment scheme.
In addition, each function module in each embodiment of the present invention can be integrated in a processing module, can alsoThat the independent physics of modules includes, can also two or more modules be integrated in a module.Above-mentioned integrated mouldBlock can both be realized in the form of hardware, can also be realized in the form of hardware adds software function module.
The above-mentioned integrated module realized in the form of SFU software functional unit, can be stored in one and computer-readable depositIn storage media.Above-mentioned software function module is stored in a storage medium, including some instructions are used so that a computerEquipment (can be personal computer, server, or network equipment etc.) performs the portion of each embodiment the method for the present inventionStep by step.And foregoing storage medium includes：USB flash disk, mobile hard disk, read-only storage (Read-Only Memory, ROM), withMachine access memory (Random Access Memory, RAM), magnetic disc or CD etc. are various can be with Jie of store program codesMatter.
The above description is merely a specific embodiment, but protection scope of the present invention is not limited thereto, anyThose familiar with the art the invention discloses technical scope in, change or replacement can be readily occurred in, should all be containedCover within protection scope of the present invention.Therefore, protection scope of the present invention should be based on the protection scope of the described claims.