CN101587567A

CN101587567A - The risk evaluation of regulatory patent infringement liability insurance system and method

Info

Publication number: CN101587567A
Application number: CNA200810099331XA
Authority: CN
Inventors: 王化舆; 王化婷; 王舜清; 吕銮昌
Original assignee: HONGDIAN TECHNOLOGY Inc
Current assignee: HONGDIAN TECHNOLOGY Inc
Priority date: 2008-05-21
Filing date: 2008-05-21
Publication date: 2009-11-25

Abstract

The invention relates to a kind of risk evaluation of regulatory patent infringement liability insurance system and method, be to provide a kind of risk evaluating system to be used for the contractus principalis of a patent insured goods, use and constantly expanding under the situation of adjusting new commodity and/or new processing procedure, the resource of risk assessment data can be reused to save cost, and the contractus principalis of this insured goods can be owned together by at least one or multiple most insurant, jointly the contributing insurance expense.In addition; the present invention can select patent liability insurance and/or patent to carry out the danger by the insurant; and, can before the product exhibition, add and protect or before sales adds to protect or desire to add mention infringement suit before when guarantor or new commodity and/or new processing procedure produce and adds the guarantor with the reduction financial burden in the stage mode that adds the guarantor.

Description

The risk evaluation of regulatory patent infringement liability insurance system and method

Technical field

The present invention relates to a kind of risk evaluation of regulatory patent infringement liability insurance system and method.

Background technology

Under the situation of competition in the international market fierceness, patent right becomes the important tool of Business survival and competition, high-tech industry is competitively applied for a patent now, utilizes patent action in recent years more easily, as striking competitors, collect the sharp weapon of compensation, even patent is used as a kind of operation strategy of enterprise, and make adversary's patent invalid by invalid program attempt, be anticipated that, in flourish epoch, enterprise operation must more be dependent on patent layout and innovation research and development in intellecture property.Become also patent, lose also patent, no matter be the patentee, or all might fall at any time the infringement trap manufacturer, all born great pressure, if a good insurance system can be arranged, so just can significantly reduce dealer's operated pressure.

Everybody says that the patent insurance is very important for these years, and the patent insured goods of releasing at America and Europe's row that year is arranged not is a difficult matter, is difficult not know and can accept for enterprise? have market? when jumping out the circle of patent insured goods design, can find whether can successful factor be after the industry characteristic of understanding the Asia, find the method for effectively dealing with problems, and this method can be " business model that is fit to Asia enterprise ", but not the patent insured goods itself, and the present invention is exactly in response to the business model of Asia enterprise " be fit to " and the System and method for of invention.

The characteristic of Asia enterprise:

With Taiwan, market, Taiwan is little, medium-sized and small enterprises account for quite vast scale, and its product pin mostly is extremely overseas, especially the European and American areas, be main business model wherein with the order foundry, therefore in the design of patent insurance, note the characteristic of its product advantage, under this business model greater than patent, the 3rd liability insurance of product should be the main selection of enterprise, and this is the place more different with American-European situation.And fall into the trap of buyer's monopoly power during manufacturer's foundry and what is heard is arranged during the situation that involved.

Though it is a plurality of greatly that Europe also accounts for medium-sized and small enterprises, because social system operation kenel is comparatively ripe, and with the supply chain enterprise's main body like the Asia, can be fit to than the Asia with regard to compulsory insurance when therefore taking patented claim.Have the enterprise in the intelligence power marketing whole world of final products, actually rare in the Asia, or have the part zero element to have patent right, as if it is main therefore adopting the patent liability insurance, mixes the mechanism that patent is carried out the danger, be fit to the development in Asia.

The consideration of insurance region:

Asia enterprise is the supplier in American-European market mostly, and insurance risk often occurs in the selling market of product, patent insurance hereat should contain product market extremely.The patent liability insurance should contain the whole world, because infringement may occur in arbitrary market, and in order to save insurance premium, at the beginning of the programming declaration form, the market that should the good product of first programming will sell, and selectivity, interim the declaration form of containing the locality of buying.

The consideration of insurance premium:

The consideration of insurance premium and the speed of settlement of insurance claim, whether decision patent insurance system can effectively be carried out in Taiwan, but the whole world is contained in the insurance region, and American-European litigation expense high surprising (can reach 3,000,000 dollars), the patent actuarial cost is difficult to force down, have only with the business model of innovation and carry out, can deal with problems.European Union entrusts CJA consulting firm programming patent insurance system, the said firm's suggestion is carried out carrying out comparatively effective with the cost-effective practice for patent right before risk assessment is moved to lawsuit, then should emphasize promptly should carry out risk assessment based on the Asia of patent liability insurance, and it is accurately complete in the hope of data constantly to adjust correction the first of new product designs.

The effective business model of development innovation

Speciality according to Asia enterprise, we jump out the framework of intelligence power or insurance specialty, come programming one " patent insured goods combination utilization and management mode " with innovative business mode, attempt patent insured goods that the underwriter may be released future, with the business model that we were innovated is enterprises service, and its characteristics are as follows:

One, enterprise's buying on scale insurance slip is to alleviate the premium burden

A. when the new product designs commercialization is finished, buy a contractus principalis earlier, this contractus principalis comprises risk assessment.

B. show, the quotation stage is according to this displayings quotation zone purchase patent the 3rd liability insurance, the market additional insurance project that the volume production sales stage enters according to institute's programming again.

When c. desiring to accuse the people and encroach on, can add and buy patent and carry out the danger with self patent.

D. stage new commodity, the new processing procedure of appending.

Therefore two, the area, Asia is manufacturer, product supplier mostly, should manage a product in the mode that upstream and downstream production and sales chain is shared premium, because in case infringement suit takes place, responsibility is not all taken off by the manufacturer in the upstream and downstream production and sales chain.

Three, based on same contractus principalis, the storehouse that makes progress stage by stage again has many benefits, except alleviating the premium burden, can effectively utilize the positive risk assessment data of adjustable trimming in the contractus principalis, makes resource reusable, saves cost.

Four, constantly on same basis, repeat to inspect correction in each stage and adjust data, make master data more accurately complete, so can effectively reduce the risk of enterprise's future in the new commodity design, also be difficult for falling into intelligence power trap because of the order foundry.

Five, our suggestion should be carried out the danger with patent the 3rd liability insurance and patent and mixes utilization in lawsuit, goes forward side by side to reach offend and defend in operation control, and can carry out patent when confirming that relief is brought a counter-action, and playing the part of good is defendant and plaintiff's role simultaneously.

Summary of the invention

The object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system and method, comprise the risk assessment data module that stores patent risk assessment data, and in order to the patent insurance risk assessment data adjusting module of the risk assessment data of adjusting aforementioned risk assessment data module.

The new commodity and/or the new processing procedure that the object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system to can be used for constantly expanding to adjust.

The object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system to can be used in the contractus principalis of a patent insured goods, use the resource that makes the risk assessment data and can reuse to save cost.

The object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system that appraises and decides or revise premium of insurance, insurance premium and sum of insurance.

The object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system that validity of patent is analyzed that carries out.

The object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system of insured goods.

The object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system, wherein the contractus principalis of this insured goods can be owned together by at least one or multiple most insurant, and common contributing insurance expense.

The object of the present invention is to provide a kind of insured goods is the risk evaluation of regulatory patent infringement liability insurance system that patent liability insurance and/or patent are carried out the danger.

The object of the present invention is to provide a kind of risk evaluation of regulatory patent infringement liability insurance system; in the stage mode that adds the guarantor; can before the product exhibition, add and protect or before sales adds to protect or desire to add mention infringement suit before when guarantor or new commodity and/or new processing procedure produce and adds the guarantor, with the reduction financial burden.

The object of the present invention is to provide a kind of upstream and downstream products cooperating analytic system of patent commodity that liability insurance is made.

The invention provides a kind of risk evaluation of regulatory patent infringement liability insurance system, comprise:

One patent infringement responsibility nuclear is protected the data assessment module, tentatively can examine guarantor's property in order to these potential patent infringement commodity of assessment, comprises following steps:

(1) input one potential patent infringement commodity and/or processing procedure;

(2) judging whether these patent infringement commodity and/or processing procedure have tentatively us can examine guarantor's property, looks it and whether reaches default basic nuclear and protect condition, judges whether it has tentatively can examine guarantor's property, is then to carry out next step, otherwise stops;

One risk assessment data module is in order to assessment and store the risk assessment data, comprises following steps:

(1) nuclear of input one commodity and/or processing procedure is protected data, and it is the data that provided by insurant and/or proposer that this nuclear is protected data;

(2) obtain with these commodity and/or processing procedure similar, make these commodity and/or processing procedure have the risk assessment data of the possible patented technology of potential infringement, these risk assessment data are for being the data acquisition of evaluation criteria according to the patent statute of this patented technology application country and important document and other subjective and objective condition, and use and set up the preset standard value;

(3) store the aforementioned risk assessment data;

One risk assessment data adjusting module in order to adjust the risk assessment data of aforementioned risk assessment data module, comprises following steps:

(1) data is adjusted in the risk assessment of input one commodity and/or processing procedure, and changes by the obtained data of risk assessment data module according to the content of these commodity and/or the desire adjustment of processing procedure institute;

(2) will adjust the change after the risk assessment data, be stored in the aforementioned risk assessment data module;

(3) the risk assessment data after the aforementioned adjustment change of foundation is judged the potential infringement risk of these commodity and/or processing procedure, looks it and whether reaches default standard value, judges whether to bear the risk of these commodity and/or processing procedure.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein this risk assessment data module and risk assessment data adjusting module can integrate, and carry out the data adjustment in same module.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein the content of these commodity and/or processing procedure institute desire adjustment comprises new commodity and/or new processing procedure.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein but this risk assessment data adjusting module can be judged the reuse that the content after adjusting is compared with source book and show part and the ratio that it can reuse, as judging that can reuse raw data then continues next step.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system is the contract that is used for patent infringement liability insurance commodity, and using the resource that makes the risk assessment data can reuse.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system is the contract that is used for risk assessment service, and using the resource that makes the risk assessment data can reuse.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system further comprises a premium of insurance evaluation module, and premium of insurance and sum of insurance in order to assess these commodity and/or processing procedure comprise following steps:

(1) nuclear of input one commodity and/or processing procedure is protected data and risk assessment data;

(2) appraise and decide or revise premium of insurance and sum of insurance according to these risk assessment data.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, the computing method of this premium of insurance wherein comprise following steps at least:

Calculate offtake and/or sell number of times; Offtake the more and/or sell number of times the more, its insurance premium is lower.

Statistics insurant have and these commodity and/or the relevant patent right of processing procedure; Patent right the more, its insurance premium is lower.

Add up and judge the effective patent right and/or the insurance contract of existing in these commodity and/or the processing procedure (comprising that the insurant has by oneself or gets through mandate); Effectively patent right and/or insurance contract the more, its insurance premium is lower.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein these commodity and/or processing procedure nuclear guarantor data must reach default basic nuclear guarantor condition.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein should examine guarantor's condition substantially, at least comprise: these commodity and/or processing procedure exist really, these commodity and/or processing procedure really for insurant and/or proposer all, Exclusive Licensing is not in other people for these commodity and/or processing procedure, and these commodity and/or processing procedure do not have any mortgage, establish the situation of matter.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein this insurant refers to that commodity and/or processing procedure are had insurable interest, suffers a loss when the peril of accepting insurance takes place, and enjoys the people of insurance claim; The proposer refers to insure and bear the people of payment of premium obligation to the underwriter with own or other people all commodity and/or processing procedure, the proposer insures and is the insurant with oneself commodity and/or processing procedure, if insure with other people commodity and/or processing procedure, it is the insurant that this insurance interest is enjoyed the people.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein the risk assessment data of this risk assessment data module indication comprise: patent retrieval analysis report, validity of patent analysis report at least.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, this patent retrieval analysis report wherein comprises at least: reach all patents set of a certain preset standard value with the similarity of assessment commodity and/or processing procedure.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein this patent retrieval is analyzed and is comprised following steps:

(1) input one patent;

(2) judge with the similarity of the commodity of assessing and/or processing procedure reach all patents of a certain preset standard value, and list report in.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein this validity of patent analysis report comprises: meet the patent statute analysis report, meet Patent Law important document analysis report, meet the report of trade mark act provision discussion, meet trade mark act important document analysis report at least.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein this validity of patent analysis comprises following steps:

(1) input one patent;

(2) judge the data acquisition of patent statute and important document and other subjective and objective factor, whether be consistent with this patent and list report in, and judge its validity.

Above-mentioned risk evaluation of regulatory patent infringement liability insurance system, wherein the risk of this risk assessment data module indication comprises: substantial risk, moral hazard and psychological risk at least; Aforementioned substantial risk is commodity technology content, merchandise control situation; Aforementioned moral hazard is the moral face assessment by the insurant, as insurant's financial position, interpersonal relation, bad personality; Aforementioned psychological risk is by insurant's efficiency of management and managerial ability assessment.

A kind of risk evaluation of regulatory patent infringement liability insurance system of insured goods comprises following steps:

(1) set up the contract that an insured goods or risk assessment are served, this contract comprises a risk evaluation of regulatory patent infringement liability insurance system at least;

(2) data are adjusted in the risk assessment of input one commodity and/or processing procedure in this risk evaluation of regulatory patent infringement liability insurance system, and these data are to be obtained by a risk assessment data module, and the stored latest data of its this module;

(3) judge the aforementioned risk assessment data whether reach desire to add the guarantor the default nuclear of insured goods protect condition, can examine to protect and carry out next step, otherwise stop.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein the contractus principalis of this insured goods or risk assessment service can be owned together by at least one or multiple most insurant, and cost-and-benefit sharing.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein this insured goods is that patent liability insurance and/or patent are carried out the danger.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein but this risk assessment data adjusting module can be judged the reuse that the content after adjusting is compared with raw data and show part and the ratio that it can reuse, can reuse raw data as judgement and then continue next step, otherwise jump out this system or open a new risk evaluating system in addition.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods is the contract that is used for patent infringement liability insurance commodity and/or patent execution insured goods, and using the resource that makes the risk assessment data can reuse.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods is the contract that is used for risk assessment service, and using the resource that makes the risk assessment data can reuse.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein this patent liability insurance is called the 3rd people's liability insurance again, the insurant is potential infringer, for its for the 3rd people the liability for damage that should bear, at responsibility and the expense design that potential infringer produced, be a defensive patent insurance.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein this patent execution danger is called the first insurance again, is to be that the patentee is for carrying out the aggressiveness insurance of its right.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods further comprises a premium of insurance evaluation module, and premium of insurance and sum of insurance in order to assess these commodity and/or processing procedure comprise following steps:

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, the computing method of this premium of insurance wherein comprise following steps at least:

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods further can be the stage guarantor of adding, and is refer to add before the product exhibition protect or before sales adds and protects or add the guarantor when desiring to add mention infringement suit before guarantor or new commodity and/or new processing procedure generation.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein this stage add to protect can be different insured goodses, and select to specify by the insurant.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein this stagely adds the guarantor, all can get back in the contract of insurance contract or risk assessment service, revises to adjust the risk assessment data and also reuse original risk assessment data.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein this stage adding, protects the region that insurance contained and can be selected by the insurant.

The risk evaluation of regulatory patent infringement liability insurance system of above-mentioned insured goods, wherein the stored latest data of this module is the data that refer to by new commodity and/or new risk that processing procedure is done assessment.

A kind of upstream and downstream products cooperating analytic system of patent commodity that liability insurance is made comprises:

(1) nuclear of input one commodity and/or processing procedure and/or commodity spare part is protected data, and it is the data that provided by insurant and/or proposer that this nuclear is protected data;

(2) obtain with these commodity and/or processing procedure and/or commodity spare part similar, make these commodity and/or processing procedure and/or commodity spare part have the risk assessment data of the possible patented technology of potential infringement, these risk assessment data are for being the data acquisition of evaluation criteria according to the patent statute of this patented technology application country and important document and other subjective and objective condition, and use and set up the preset standard value;

(3) store the aforementioned risk assessment data;

One upstream and downstream products cooperating analysis module in order to analyze the condition of its up-and down-stream vendors's cooperation of commodity, comprises following steps:

Key with the price of this commodity spare part, patent infringement, and other subjective and objective factor is computing method established spare part that upstream and downstream provides shared proportion in the risk assessment of these insurance underwriting commodity.

The upstream and downstream products cooperating analytic system of above-mentioned patent commodity that liability insurance is made further comprises:

One upstream and downstream manufactuerer's output insurance is taken evaluation module, in order to assess the premium of insurance and the sum of insurance of these commodity and/or processing procedure and/or commodity spare part, comprises following steps:

(1) nuclear of input one commodity and/or processing procedure and/or commodity spare part is protected data and risk assessment data;

(2) according to different commodity and/or processing procedure and/or commodity spare part shared proportion in the risk assessment of these insurance underwriting commodity, and

Appraise and decide or revise premium of insurance and sum of insurance according to these risk assessment data.

The effective patent right and/or the insurance contract of existing in these commodity and/or processing procedure and/or the commodity spare part (comprise that the insurant is own or get through mandate) are added up and judged to the upstream and downstream products cooperating analytic system of above-mentioned patent commodity that liability insurance is made; Effectively patent right and/or insurance contract the more, its insurance premium is lower.

The upstream and downstream products cooperating analytic system of above-mentioned patent commodity that liability insurance is made, the computing method of this premium of insurance wherein comprise following steps at least:

Owing to take above technical scheme, the present invention has following beneficial effect:

Risk evaluating system provided by the invention is used for the contractus principalis of a patent insured goods, use and constantly expanding under the situation of adjusting new commodity and/or new processing procedure, the resource of risk assessment data can be reused to save cost, and the contractus principalis of this insured goods can be owned together by at least one or multiple most insurant, jointly the contributing insurance expense.In addition; the present invention can select patent liability insurance and/or patent to carry out the danger by the insurant; and, can before the product exhibition, add and protect or before sales adds to protect or desire to add mention infringement suit before when guarantor or new commodity and/or new processing procedure produce and adds the guarantor with the reduction financial burden in the stage mode that adds the guarantor.

Description of drawings

Fig. 1 is the calcspar that shows computer installation of the present invention.

Fig. 2 shows computing machine of the present invention, network and the online figure of system.

Fig. 3 shows risk evaluation of regulatory patent infringement liability insurance system diagram of the present invention.

Fig. 4 shows patent infringement responsibility nuclear guarantor data assessment module map of the present invention.

Fig. 5 shows risk assessment data module figure of the present invention.

Fig. 6 is the calcspar of demonstration risk evaluation of regulatory patent infringement liability insurance of the present invention system.

Fig. 7 is the risk assessment data module and the two-in-one calcspar of risk assessment data adjusting module of demonstration risk evaluation of regulatory patent infringement liability insurance of the present invention system.

Fig. 8 shows patent retrieval analysis chart of the present invention.

Fig. 9 shows validity of patent analysis chart of the present invention.

Figure 10 shows premium of insurance evaluation module figure of the present invention.

Figure 11 shows nuclear guarantor process flow diagram of the present invention.

Figure 12 is the calcspar of demonstration insured goods risk evaluation of regulatory patent infringement liability insurance of the present invention system.

Figure 13 is the calcspar that shows the upstream and downstream products cooperating analytic system of patent commodity that liability insurance is made of the present invention.

Figure 14 shows upstream and downstream manufactuerer's output insurance expense evaluation module figure of the present invention.

The primary clustering symbol description:

The 100---computer installation

The 102---desktop computer

The 104---mobile computer

The super brain machine of 106---(UMPC), MID

The 108---server

The 110---power supply device

120---central processing unit (CPU)

The 130---internal memory

135---RAM

140---ROM

The 150---software service

155---operating system

The 160---application software

165---database and data

170---archives and data casket

180---motherboard device

The 200---storage device

The 205---hard disk

The 210---floppy disk

The 215---CD

The 220---flash memory

230---display card device

The 235---display

The 240---I/O device

250---wire/wireless hookup mechanism (bluetooth/RF/ infrared ray/USB)

The 255---keyboard/mouse

The 260---tabulating machine

The 265---modulator-demodular unit

270---network card device

275---wire/radio network equipment

The audio-visual card device of 280---video

285---video recorder/microphone

The online figure of 300---computing machine, network and system

310---user (underwriter/insurance agent/procurator/proposer/insurant etc.)

The 350---wireless communication transmission device

The 355---mobile phone

360---PDA

Other communication device of 365---

The 400---Internet system

The 410---Website server

420---user's password

The 450---LAN system

460---server-side network equipment

465---server-side network system

The 470---system database

500---risk evaluation of regulatory patent infringement liability insurance system

505---nuclear is protected data query/correction

510---correction conditions and communication

Last correction conditions of 515---and negotiation

The 520---surrender

530---accepts insurance

But 535---amend item

550---winds up the case

600---patent infringement responsibility nuclear is protected the data assessment module

610---imports potential patent infringement commodity and/or processing procedure

The default basic nuclear guarantor condition of 620---

630---has tentatively can examine guarantor's property

650---risk assessment data module

655---risk assessment data adjusting module

But 656---judges the reuse that the content after adjusting is compared with source book, and shows part and the ratio that it can reuse

660---input commodity and/or processing procedure nuclear are protected data

665---risk assessment data

670---judges whether to reach preset standard value or different

Whether 675---can accept this risk

680---stores the risk assessment data

700---analyses patent retrieval side

710---judge with the similarity of the commodity of assessing and/or processing procedure reach all patents of a certain preset standard value, and list report in

720---patent retrieval analysis report

The 750---validity of patent is analyzed

Whether 760---judges the data acquisition of patent statute and important document and other subjective and objective factor, conform to patent, and list report in

The effective patent of 770---

780---validity of patent analysis report

800---premium of insurance evaluation module

810---imports the nuclear of commodity and/or processing procedure and protects and the risk assessment data

820---appraises and decides the premium of insurance and the amount of money

830---revises the premium of insurance and the amount of money

The 840---signing premium of insurance and the amount of money

900---nuclear is protected process flow diagram

The 910---proposal of insurance

920---nuclear is protected data and is provided

Very whether 930---the matter business

1110--insurant

The 1120--proposer

1600--insured goods risk evaluation of regulatory patent infringement liability insurance system

1700--insured goods contractus principalis

1800--desires to add guarantor's insured goods

1810--is stage to add the guarantor

The default nuclear of 1820--guarantor condition

1830--desires to add the correction of guarantor's commodity

1850--premium of insurance evaluation module

The upstream and downstream products cooperating analytic system of 1900--patent commodity that liability insurance is made

1960--imports the nuclear of commodity and/or processing procedure and/or commodity spare part and protects data

1930--imports the risk assessment data of commodity and/or processing procedure and/or commodity spare part

1980--upstream and downstream products cooperating analysis module

2000--establishes the spare part proportion

2500--upstream and downstream manufactuerer's output insurance is taken evaluation module

Embodiment

Please refer to Fig. 1, is the calcspar that shows computer installation of the present invention; Be to show computer installation 100 of the present invention in this embodiment, comprise at least a power supply device 110, at least comprise a central processing unit (CPU) 120, at least comprise an internal memory 130, at least comprise a software service 150, at least comprise a motherboard device 180, at least comprise a storage device 200, at least comprise a display card device 230, at least comprise an I/O device 240, at least comprise a wire/wireless hookup mechanism (bluetooth/RF/ infrared ray/USB) 250, at least comprise a network card device 270, comprise the audio-visual card device 280 of a video at least.

Computer installation 100 of the present invention is the one kind of mode of computer architecture, and power supply device 110 of the present invention can provide and satisfies whole electricity needs on the computer installation 100 for one; This computer installation 100 have can carry out various computer instructions software service 150 thereon, this device can be a desktop computer 102, a mobile computer 104, one super brain machine (UMPC), MID 106 or a server 108; Can be in one software service 150 and comprise an operating system 155 at least, at least comprise an application software 160, at least comprise a database and data 165, at least comprise archives and data casket 170, computer system of the present invention also belongs to one of computer software unit 150, place a storage device 200 or an internal memory 130 etc. allow computing machine read access at any time, when executive software, major part all with the data reading to deposit, get among the RAM 135 or a ROM 140 who is stored in a hard disk 205 or the internal memory 130, to make things convenient for central processing unit (CPU) 120 read access and computing at any time, operations such as compute are to improve computing machine usefulness; For convenient user (underwriter/insurance agent/procurator/proposer/insurant etc.) 310 will these data export to device into, therefore user 310 can utilize comprise at least a floppy disk 210, at least comprise a CD 215, comprise a flash memory 220 etc. at least and store various data, also be not easy to use person 310 to use, preserve and carry; User 310 can (bluetooth/RF/ infrared ray/USB) 250 etc. links use with a keyboard/mouse 255, a display 235, a tabulating machine 260, a modulator-demodular unit 265 etc. by the I/O device 240 on this device, a wire/wireless hookup mechanism, allow the above-mentioned equipment of utilization that user 310 can be real-time, satisfy user 310 in input literary composition numeral, assign various instructions, watch result and report, on LAN system 450 to the demand of server-side network equipment 460 etc.; One motherboard device 180 is the carrier of various crystal of device and printed wire, and its fundamental purpose is for linking various assemblies, device and the system on the computer installation 100, with operation and the effective utilization that improves this brain device 100; One central processing unit (CPU) 120, heart for computer installation 100, to accept and to carry out instructions on this computer installation 100, computing, function etc. is fundamental purpose, the speed of its computing, power consumption, logical organization, temperature, heat dissipating state etc. all can directly have influence on the superiority-inferiority of computer installation 100; User 310 can be by this device a wire/radio network equipment 275, make it can be linked to server-side network equipment 460 on the Internet system 400, on network world, share resource, browse, on line operation and data download etc. with other people; The audio-visual card device 280 of one video, need to use with one video recorder/microphone 285 collocation, its fundamental purpose is for increasing the audio-visual laser propagation effect of video on this device, in order to user 310 convenient use on LAN system 450 or Internet system 400, and can implement functions such as Internet video talk, the networking telephone, network monitoring, to improve the computing machine effective utilization; One wireless communication transmission device 350, user 310 also can pass through this device, by the modes that link mutually with Internet system 400, carry out the pattern of computer operation, operation or the management of dynamic formula, reach and collect and assign latest command in real time, need in indoor computed constraint to break away from over.

The use of this computer installation 100 is not limited to the use of single computing machine, also can adopt the mode of several computer installations 100 with series connection arranged side by side, enlarges its operation effect and arithmetic capability and scale.

Please refer to Fig. 2, is to show computing machine of the present invention, network and the online figure of system; Be to show computing machine of the present invention in this embodiment, the online Figure 30 0 of network and system, at least comprise a user (underwriter/insurance agent/procurator/proposer/insurant etc.) 310, different users 310, can be according to the computer installation 100 of its use, as a desktop computer 102, one mobile computer 104, one super brain machine (UMPC), MID106, one server 108 etc., or use a wireless communication transmission device 350, as a mobile phone 355, one PDA 360, one other communication device 365 etc., respectively with Internet system 400 or LAN system 450 etc., enter in the server-side network equipment 460 after online and use.

When user 310 enters Internet system 400, can enter in the Website server 410 earlier, its inner mode of operation can require usefulness person's 310 input user passwords 420, think checking and the usefulness of discerning its identity, as verifying by after the identification of user's password 420, user 310 just can enter in the server-side network equipment 460 and move according to the extent of competence of its use; What user 310 at first touched is a server-side network system 465, and after entering native system, user 310 promptly opens to make in the rights of using scope of risk evaluation of regulatory patent infringement liability insurance system 500 and operates native system; User 310 can be in native system, in system database 470, read required data, do the increasing of its necessity, delete, repair, benefit etc. inputs or outputs action, then with above-mentionedly increase, delete, repair, the latest data of benefit etc., again return and deposit in the system database 470, native system will produce brand-new data again according to user 310 instruction after the operation of native system, use for oneself or other people in the future; If necessary, user 310 also can set and by server-side network system 465, with the instruction that some data is established according to the software journey, return and give user 310, allows user 310 all can grasp or obtain up-to-date information at any time.

User 310 is when using LAN system 450, and modes such as its enforcement, use, operation, binding are all identical, so do not repeat them here.

, be demonstration risk evaluation of regulatory patent infringement liability insurance of the present invention system 500 please, include four functional modules, be respectively patent infringement responsibility nuclear and protect data assessment module 600, tentatively can examine guarantor's property in order to assess these commodity and/or processing procedure referring to Fig. 3; Risk assessment data module 650 is in order to assess and to store the risk of these commodity and/or processing procedure; Risk assessment data adjusting module 655, in order to adjust the risk assessment data of aforementioned risk assessment data module 650, for example new commodity and/or new processing procedure add back adjustment content.Premium of insurance evaluation module 800 is in order to premium of insurance and the sum of insurance of assessing these commodity and/or processing procedure.

Please, protect the implementation step of data assessment module 600 for patent infringement responsibility nuclear referring to Fig. 4; Step 610 input one potential patent infringement commodity and/or processing procedure; Be to preset basic nuclear guarantor condition 620 earlier to set up, entering step 630 has and tentatively can examine the judgement of guarantor property, should basic nuclear guarantor condition for example these commodity and/or processing procedure exists really, these commodity and/or processing procedure really for the insurant owns, these commodity and/or processing procedure not Exclusive Licensing in other people, and these commodity and/or processing procedure do not have any mortgage, establish situation of matter or the like, judge whether these commodity and/or processing procedure meet this default basic nuclear guarantor condition, be then to enter next step 650 risk assessment data modules, otherwise enter surrender 520; If surrender then enters and winds up the case 550, then enter correction conditions and link up 510 as not surrender, but, then enter potential patent infringement commodity of input and/or processing procedure 610 as correction conditions after linking up, open new steps flow chart again.

Please, be the implementation step of risk assessment data module 650 referring to Fig. 5; Step 660 input commodity and/or processing procedure nuclear are protected data, and it is the data that provided by insurant and/or proposer that this nuclear is protected data; Step 665 obtains the risk assessment data of these commodity and/or processing procedure, be that finger is similar with these commodity and/or processing procedure, make these commodity and/or processing procedure have the risk assessment data of the possible patented technology of potential infringement, these risk assessment data are for being the data acquisition of evaluation criteria according to the patent statute of this patented technology application country and important document and other subjective and objective condition, and use and set up the preset standard value; Step 670 judges whether commodity and/or processing procedure nuclear guarantor data 660 reach the preset standard value, and judge whether to bear this risk, be then after storing risk assessment data 680, enter premium of insurance evaluation module 800, otherwise enter surrender 520, wind up the case 550 if surrender then enters, then enter correction conditions and link up 510 as not surrender, but as correction conditions after linking up, then enter commodity and/or processing procedure nuclear and protect data 660, open new steps flow chart again.

In the step of Fig. 5, its risk assessment data 665 still comprise patent retrieval analysis report (showing as Fig. 7), validity of patent analysis report (showing as Fig. 7) etc., use the effect of strengthening the patent risk assessment.

Please referring to Fig. 6, step 665 obtains the risk assessment data of these commodity and/or processing procedure, step 655 risk assessment data adjusting module is according to the content of new commodity and/or the desire adjustment of new processing procedure institute, input is also changed this risk assessment data, and will adjust the change after the risk assessment data, with step 680 with the risk assessment data storing to aforementioned risk assessment data module; Risk assessment data after the aforementioned adjustment change of foundation are judged the potential infringement risk of this new commodity and/or new processing procedure, look it and whether reach default standard value, judge whether to bear the risk of these commodity and/or processing procedure.Step 670 judges whether adjusted commodity and/or processing procedure nuclear guarantor data 660 reach the preset standard value, and judge whether to bear this risk, be that the content that then enters after risk assessment data adjusting module 655 is adjusted it is compared with raw data, but judge the reuse that the content after adjusting is compared with source book with step 656, and show part and the ratio that it can reuse, judge whether to reuse raw data, be then to enter premium of insurance evaluation module 800, otherwise enter surrender 520, if surrender then enters and winds up the case 550, then enter correction conditions and link up 510 as not surrender, but as correction conditions after linking up, then import commodity and/or processing procedure nuclear and protect data 660, open new steps flow chart again.Aforementioned system can be used in the contract or the contract of risk assessment service of patent infringement liability insurance commodity, and using the resource that makes the risk assessment data can reuse.

Please,, in risk assessment data module 650, implement for risk assessment data module and risk assessment data adjusting module are integrated referring to Fig. 7; Step 660 input commodity and/or processing procedure nuclear are protected data, and it is the data that provided by insurant and/or proposer that this nuclear is protected data; Step 665 obtains the risk assessment data of these commodity and/or processing procedure, be that finger is similar with these commodity and/or processing procedure, make these commodity and/or processing procedure have the risk assessment data of the possible patented technology of potential infringement, these risk assessment data are for being the data acquisition of evaluation criteria according to the patent statute of this patented technology application country and important document and other subjective and objective condition, and use and set up the preset standard value; Step 670 judges whether commodity and/or processing procedure nuclear guarantor data 660 reach the preset standard value, and judge whether to bear this risk, be then after storing risk assessment data 680, enter premium of insurance evaluation module 800, otherwise enter surrender 520, wind up the case 550 if surrender then enters, then enter correction conditions and link up 510 as not surrender, but as correction conditions after linking up, then enter commodity and/or processing procedure nuclear and protect data 660, open new steps flow chart again; If have new commodity and/or new processing procedure desire to add at this moment, the content of adjusting according to new commodity and/or new processing procedure institute desire then, input is also changed this risk assessment data, and will adjust the risk assessment data after the change, with step 680 the risk assessment data is stored; Risk assessment data after the aforementioned adjustment change of foundation is judged the potential infringement risk of this new commodity and/or new processing procedure, looks it and whether reaches default standard value, judges whether to bear the risk of these commodity and/or processing procedure.Step 670 judges whether commodity and/or processing procedure nuclear guarantor data 660 reach the preset standard value, and judge whether to bear this risk, be that the content that then enters after risk assessment data adjusting module 655 is adjusted it is compared with raw data, but judge the reuse that the content after adjusting is compared with source book with step 656, and show part and the ratio that it can reuse, judge whether to reuse raw data, be then to enter premium of insurance evaluation module 800, otherwise enter surrender 520, if surrender then enters and winds up the case 550, then enter correction conditions and link up 510 as not surrender, but as correction conditions after linking up, then import commodity and/or processing procedure nuclear and protect data 660, open new steps flow chart again.Aforementioned system can be used in the contract or the contract of risk assessment service of patent infringement liability insurance commodity, and using the resource that makes the risk assessment data can reuse.

Please, be the implementation step of patent retrieval analysis 700 referring to Fig. 8; Step 610 input one potential patent infringement commodity and/or processing procedure, step 710 judge with the similarity of the commodity of assessing and/or processing procedure reach all patents of a certain preset standard value, and list report in, reach more than the predetermined standard value because of its similarity simultaneously, therefore enter surrender 520, surrender is then wound up the case as final decision, otherwise enter correction conditions and link up 510, but as correction conditions (according to patent statute) really after linking up, then reenter step 610 potential patent infringement commodity of input and/or processing procedure, again open new steps flow chart, be described as follows:

Patent retrieval analyzes 700, mainly be assistance by computer installation 100 and application software 160 thereof, when user's 310 potential patent infringement commodity of input and/or processing procedure 610, shelves name with these commodity and/or processing procedure, the keyword that topic mark or setting will be retrieved is as the inspection index word, can select to adopt singly choosing or final election mode and dwindle or enlarge the scope of patent retrieval, enter in the patent database system then, come the relevant or comparatively approaching word of similarity with above-mentioned inspection index word by the pen retrieval, speech etc., in case the patent name that computer retrieval just will this pen to the back, the applying date, priority date, the inventor, the applicant, related datas (software can set up the data of pre-extracts on their own) such as pen time LSN, automatic extraction is temporary in to the patent retrieval file in the hard disk 205 specified archives and data casket 170, till whole patent data research finishes, at this moment, it is comparatively complete that user 310 can obtain portion, and more approaching patent data of similarity and stroke count record have been retrieved, made up the back and list in the report, the stroke count record is done a comparison with predetermined standard value more then, if its comparison value is during greater than predetermined standard value, then enter surrender 520 job procedures, if the final decision surrender is then wound up the case, and this is recorded in the patent retrieval analysis report 720, otherwise enter in the correction conditions and 510 programs of communication, but as correction conditions (according to patent statute) really after linking up, then enter step 610 input commodity and/or processing procedure again again, again open new steps flow chart, its program begins the beguine once as previously mentioned, till patent retrieval was passed through, this case was was just accepted.

Please continue referring to Fig. 8, aforementioned similarity reaches the above file of predetermined standard value, is made up and list in the present embodiment in the step 720 patent retrieval analysis report, goes forward side by side and becomes and add the epistasis updates in the risk assessment data 665.

Please, be the implementation step of validity of patent analysis 750 referring to Fig. 9; Step 610 input one potential patent infringement commodity and/or processing procedure, step 710 judge with the similarity of the commodity of assessing and/or processing procedure reach all patents of a certain preset standard value, step 760 is judged the data acquisition of patent statute and important document and other subjective and objective factor, do not conform to this patent, and list report in, to determine the height of its risk; Be then to enter effective patent 770, and enter validity of patent analysis report 780, and become and add the epistasis updates in the risk assessment data 665 (as Fig. 5); Otherwise enter correction conditions and link up 510, but, then reenter step 610 input one potential patent infringement commodity and/or processing procedure, open new steps flow chart again as correction conditions (according to patent statute) really after linking up.

Earlier figures 5 risk assessment data modules 650 continue to enter premium of insurance evaluation module 800 after implementing, please referring to the implementation step of Fig. 8; After the nuclear guarantor and risk assessment data of step 810 input one commodity and/or processing procedure, appraise and decide the premium of insurance and the amount of money with step 820, the computing method of this premium of insurance are following steps:

Calculate offtake and/or sell number of times; Offtake the more and/or sell number of times the more, its insurance premium is lower; Statistics insurant have and these commodity and/or the relevant patent right of processing procedure; Patent right the more, its insurance premium is lower; Add up and judge the effective patent right and/or the insurance contract of existing in these commodity and/or the processing procedure (comprising that the insurant has by oneself or gets through mandate); Effectively patent right and/or insurance contract the more, its insurance premium is lower.

Please continue referring to Figure 10, after in case premium of insurance and sum of insurance are appraised and decided, be then to enter to revise the premium of insurance and the amount of money 820, and the signing premium of insurance and the amount of money 840, and judge whether good matter business 930, be then to accept insurance, otherwise surrender is wound up the case or is entered last correction conditions and consult 515, really can revise after linking up, the nuclear that then reenters step 810 input one commodity and/or processing procedure is protected and risk assessment data and patent mirror valence mumber certificate, opens new steps flow chart again.

Please,, then enter surrender to wind up the case, or enter step 510 correction conditions and communication, open new steps flow chart again if step 820 is appraised and decided premium of insurance and sum of insurance is not referring to earlier figures 9.

Please referring to Figure 11, for the nuclear of present embodiment is protected process flow diagram 900, sign after the proposal of insurance 910 by proposer or insurant, entering step 920 nuclear guarantor data provides, then enter step 600 patent infringement responsibility nuclear in this way and protect data assessment module and 640 analysis and evaluations nuclear guarantor data, otherwise surrender is wound up the case or entered 510 correction conditions and communication; The step of other module is please referring to Fig. 5, Fig. 6, Fig. 7, Fig. 8, do not do at this and to give unnecessary details, only in step 650 risk assessment data module, except aforementioned every assessment, still assess substantial risk 675 as commodity and/or processing procedure content, commodity and/or processing procedure administrative situation; Moral hazard 680 is the moral face assessments by the insurant, as insurant's financial position, interpersonal relation, bad personality; Psychology risk 685 is to be assessed by aspects such as insurant's efficiency of management and managerial abilities.

Please referring to Figure 12, present embodiment provides the calcspar of a kind of insured goods risk evaluation of regulatory patent infringement liability insurance system.1600 insured goods risk evaluation of regulatory patent infringement liability insurance systems of present embodiment comprise following steps:

(1) set up the contractus principalis that an insured goods or risk assessment are served, this contractus principalis comprises a risk evaluation of regulatory patent infringement liability insurance system 500 at least;

(2) data are adjusted in the risk assessment of input one commodity and/or processing procedure in this risk evaluation of regulatory patent infringement liability insurance system 500, and these data are to be obtained by a risk assessment data module 650, and are the stored latest data of this module;

(3) judge the aforementioned risk assessed information whether reach desire to add the guarantor the default nuclear of insured goods protect condition, can examine to protect and carry out next step, otherwise stop.

The risk evaluation of regulatory patent infringement liability insurance system of aforesaid 1600 insured goodses, wherein the contractus principalis of this insured goods or risk assessment service can be owned together by at least one or multiple most insurant, and cost-and-benefit sharing; This insured goods is that patent liability insurance and/or patent are carried out the danger, the patent liability insurance is called the 3rd people's liability insurance again, the insurant is potential infringer, for its for the 3rd people the liability for damage that should bear, at responsibility and the expense design that potential infringer produced, be a defensive patent insurance; This patent is carried out the danger and is called the first insurance again, is insure for the aggressiveness of carrying out its right for the patentee.

Step 670 judges whether commodity and/or processing procedure nuclear guarantor data 660 reach the preset standard value, and judge whether to bear this risk, be that the content that then enters after risk assessment data adjusting module 655 is adjusted it is compared with raw data, but judge the reuse that the content after adjusting is compared with source book with step 656, and show part and the ratio that it can reuse, judge whether to reuse raw data, be then to enter premium of insurance evaluation module 800, otherwise enter surrender 520, if surrender then enters and winds up the case 550, then enter correction conditions and link up 510 as not surrender, but as correction conditions after linking up, then enter commodity and/or processing procedure nuclear and protect data 660, open new steps flow chart again.Aforementioned system can be used in the contract or the contract of risk assessment service of patent infringement liability insurance commodity, and using the resource that makes the risk assessment data can reuse.

After the nuclear guarantor and risk assessment data of step 810 input one commodity and/or processing procedure, appraise and decide the premium of insurance and the amount of money with step 820, the computing method of this premium of insurance are following steps:

(1) nuclear of input one commodity and/or new processing procedure is protected data 660 and risk assessment data 665;

The computing method of aforementioned premium of insurance still comprise: calculate offtake and/or sell number of times; Offtake the more and/or sell number of times the more, its insurance premium is lower; Statistics insurant have and these commodity and/or the relevant patent right of processing procedure; Patent right the more, its insurance premium is lower; Statistics is also judged the effective patent right and/or the insurance contract of existing in these commodity and/or the processing procedure (comprise that the insurant is own or get through mandate), effectively patent right and/or insurance contract the more, its insurance premium is lower; Calculate offtake and/or sell number of times; Offtake the more and/or sell number of times the more, its insurance premium is lower; The statistics insurant has or gets through mandate, with these commodity and/or the relevant patent right of processing procedure; Patent right the more, its insurance premium is lower; Add up and judge the effective patent right and/or the insurance contract of existing in these commodity and/or the processing procedure (comprising that the insurant has by oneself or gets through mandate); Effectively patent right and/or insurance contract the more, its insurance premium is lower.

1600 insured goods risk evaluation of regulatory patent infringement liability insurance systems can be the stage guarantor of adding, be to refer to before the product exhibition, to add protect or before sales adds and protects or add the guarantor when desiring to add mention infringement suit before guarantor or new commodity and/or new processing procedure generation, this is stage to add to protect and can be different insured goodses, and is selected to specify by the insurant; Wherein this stagely adds the guarantor, all can get back to the contractus principalis correction and adjust the risk assessment data; Wherein this stage adding, protects the region that insurance contained and can be selected by the insurant.

The implementation step of present embodiment, its step 1 is that the structure that 1700 insured goods contractus principalis contain one 1000 risk evaluation of regulatory patent infringement liability insurance systems is the body frame structure, so its step of implementing is all identical with Figure 10, to repeat no more at this, only with regard to the 800 flow process narrations of desiring to add the 810 stage guarantors of adding that protect insured goods.

At first with 800 desire to add protect insured goods through 810 stage add to protect do a judgement, whether meet its important document, just directly do not enter 655 patent risk assessment data adjusting module operations and step 800 premium of insurance evaluation module if meet, and appraise and decide or revise premium of insurance, insurance premium and sum of insurance according to these risk assessment data.(please refer to Fig. 8, do not repeat them here).Preset nuclear guarantor condition to appraise and decide the premium of insurance and the amount of money if meet important document then enter step 820, just directly do not enter 520 surrender procedure operations if meet, several figure in subsequent flows Cheng Qian of relevant 520 surrenders narrated all, so do not repeat them here; Protect the commodity correction if desire to add this moment 1830, then can enter 1800 once more and desire to add guarantor's insured goods after revising, repetitive operation once gets final product again again; As meet and then further enter 655 risk assessment data adjusting module operations and step 800 premium of insurance evaluation module.

Please referring to Figure 13, present embodiment provides a kind of calcspar of upstream and downstream products cooperating analytic system of patent commodity that liability insurance is made.

The patent infringement responsibility nuclear of the upstream and downstream products cooperating analytic system of 1900 commodity of present embodiment is protected the data assessment module, tentatively can examine guarantor's property in order to these potential patent infringement commodity of assessment, earlier input one potential patent infringement commodity and/or processing procedure 610; Judge again whether these patent infringement commodity and/or processing procedure have us and tentatively can examine guarantor property 630, look it and whether reach default basic nuclear and protect condition 620, judge whether it has tentatively can examine guarantor's property, be then to carry out next step, otherwise stop.

The risk assessment data module 650 of the upstream and downstream products cooperating analytic system of 1900 patent commodity that liability insurance is made of present embodiment, be in order to assessment and storage risk assessment data 665, the nuclear of input one commodity and/or processing procedure and/or commodity spare part is protected data 1960 earlier, this nuclear guarantor data is the data that provided by insurant and/or proposer, obtain with these commodity and/or processing procedure and/or commodity spare part similar again, make these commodity and/or processing procedure and/or commodity spare part have the risk assessment data of the possible patented technology of potential infringement, the data acquisition that these risk assessment data are is evaluation criteria for according to the patent statute of this patented technology application country and important document and other subjective and objective condition, and use and set up the preset standard value, and further store aforementioned risk assessment data 680; The upstream and downstream products cooperating analysis module 1980 of the upstream and downstream products cooperating analytic system of 1900 patent commodity that liability insurance is made of present embodiment, in order to analyze the condition of its up-and down-stream vendors's cooperation of commodity, first key with the price of this commodity spare part, patent infringement, and other subjective and objective factor is computing method, establishes spare part that upstream and downstream provides shared proportion 2000 in the risk assessment of these insurance underwriting commodity.

Please referring to Figure 14, present embodiment provides a kind of upstream and downstream manufactuerer's output insurance expense evaluation module 2500, in order to assess the premium of insurance and the sum of insurance of these commodity and/or processing procedure and/or commodity spare part, at first import the nuclear of commodity and/or processing procedure and/or commodity spare part and protect data 1960 and risk assessment data 665, again according to different commodity and/or processing procedure and/or commodity spare part shared proportion 2000 in the risk assessment of these insurance underwriting commodity, and appraise and decide 820 or revise premium of insurance and sum of insurance 830 according to these risk assessment data 665.

Please continue referring to Figure 14, the nuclear of step 1960 input one commodity and/or processing procedure and/or commodity spare part is protected data, be to preset basic nuclear guarantor condition 620 earlier to set up, entering step 630 has and tentatively can examine the judgement of guarantor property, should basic nuclear guarantor condition for example these commodity and/or processing procedure and/or commodity spare part are had by the insurant really, these commodity and/or processing procedure not Exclusive Licensing in other people, and these commodity and/or processing procedure do not have any mortgage, if situation of matter or the like, look it and whether reach default basic nuclear guarantor condition, judge whether it has tentatively and can examine guarantor's property, be then to enter next step 650 patent infringement liability exposure evaluation modules, otherwise enter surrender 520; If surrender then enters and winds up the case 550, then enter correction conditions and link up 510 as not surrender, but, then enter input data 610 as correction conditions after linking up, open new steps flow chart again.

Please continue referring to Figure 14 the implementation step of upstream and downstream products cooperating analysis module 1980; The nuclear of step 1960 input one commodity and/or processing procedure and/or commodity spare part is protected data, and it is the data that provided by insurant and/or proposer that this nuclear is protected data; Step 665 obtains with these commodity and/or processing procedure similar, make these commodity and/or processing procedure have the risk assessment data of the possible patented technology of potential infringement, the data acquisition that these risk assessment data are is evaluation criteria for according to the patent statute of this patented technology application country and important document and other subjective and objective condition, step 670 judges whether the nuclear guarantor data 660 of commodity and/or processing procedure can reach the preset standard value, and judge whether to bear this risk, be then to enter premium of insurance evaluation module 800, otherwise enter surrender 520, if surrender then enters and winds up the case 550, then enter correction conditions and link up 510 as not surrender, but as correction conditions after linking up, the nuclear guarantor data 660 that then enter commodity and/or processing procedure are opened new steps flow chart again; Commodity and/or processing procedure/or the nuclear of commodity spare part to protect data 660 these data are the data that provided by insurant and/or proposer; Step 665 obtain these commodity and/or processing procedure/or the nuclear of commodity spare part protect data and risk assessment data, use and set up the preset standard value; Step 670 judges whether the nuclear guarantor data 660 of commodity and/or processing procedure can reach the preset standard value, and judges whether to bear this risk.Detail with reference Fig. 6 of above process step and Fig. 7 do not give unnecessary details at this.

Please continue with reference to Figure 14, judge whether to reach preset standard value 670 and accept its risk 675, be then to continue to establish spare part proportion 2000 and enter upstream and downstream manufactuerer's output insurance expense evaluation module, assesses the expense of this spare part according to aforementioned gained proportion.

The upstream and downstream manufactuerer's output insurance is taken evaluation module 2500, appraise and decide or revise premium of insurance and sum of insurance according to these risk assessment data, otherwise enter surrender 520, for example calculate offtake and/or sell number of times, offtake the more and/or sell number of times the more, its insurance premium is lower; Or statistics insurant have and these commodity and/or the relevant patent right of processing procedure, patent right the more, its insurance premium is lower; Or statistics and judge the effective patent right and/or the insurance contract of existing in these commodity and/or the processing procedure (comprise that the insurant is own or get) through mandate; Effectively patent right and/or insurance contract the more, its insurance premium is lower.If surrender then enters and winds up the case 550, then enter correction conditions and link up 510 as not surrender, but as correction conditions after linking up, the nuclear that then enters commodity and/or processing procedure is protected data 660, opens new steps flow chart again.

After describing preferred embodiment of the present invention in detail, be familiar with this technology personage and can clearly understand, can carry out various variations and change not breaking away under following claim and the spirit, also be not subject to the embodiment of the embodiment of instructions.

Claims

1, a kind of risk evaluation of regulatory patent infringement liability insurance system is characterized in that, comprises:

(3) store the aforementioned risk assessment data;

2, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system, it is characterized in that: this risk assessment data module and risk assessment data adjusting module can integrate, and carry out the data adjustment in same module.

3, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system, it is characterized in that: but this risk assessment data adjusting module can judge and adjust the reuse that content later compares with source book and show part and the ratio that it can reuse, as judging that can reuse raw data then continues next step.

4, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system, it is characterized in that: be the contract that is used for patent infringement liability insurance commodity, using the resource that makes the risk assessment data can reuse.

5, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system is characterized in that: be the contract that is used for risk assessment service, using the resource that makes the risk assessment data can reuse.

6, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system is characterized in that further comprise a premium of insurance evaluation module, premium of insurance and sum of insurance in order to assess these commodity and/or processing procedure comprise following steps:

7, risk evaluation of regulatory patent infringement liability insurance according to claim 6 system is characterized in that the computing method of this premium of insurance comprise following steps at least:

8, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system is characterized in that the computing method of this premium of insurance comprise following steps at least:

9, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system is characterized in that the computing method of this premium of insurance comprise following steps at least:

10, risk evaluation of regulatory patent infringement liability insurance according to claim 1 system is characterized in that the risk assessment data of this risk assessment data module indication comprise at least: patent retrieval analysis report, validity of patent analysis report.

11, a kind of risk evaluation of regulatory patent infringement liability insurance system of insured goods is characterized in that, comprises following steps:

(2) data are adjusted in the risk assessment of input one commodity and/or processing procedure in this risk evaluation of regulatory patent infringement liability insurance system, and these data are to be obtained by a risk assessment data module, and are the stored latest data of this module;

12, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 11, it is characterized in that: the contractus principalis of this insured goods or risk assessment service can be owned together by at least one or multiple most insurant, and cost-and-benefit sharing.

13, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 11 is characterized in that: this insured goods is that patent liability insurance and/or patent are carried out the danger.

14, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 11, it is characterized in that: but this risk assessment data adjusting module can be judged the reuse that the content after adjusting is compared with source book and show part and the ratio that it can reuse, can reuse raw data as judgement and then continue next step, otherwise jump out this system or open a new risk evaluating system in addition.

15, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 11, it is characterized in that: be the contract that is used for patent infringement liability insurance commodity and/or patent execution insured goods, using the resource that makes the risk assessment data can reuse.

16, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 11 is characterized in that: be the contract that is used for risk assessment service, using the resource that makes the risk assessment data can reuse.

17, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 11, it is characterized in that, further comprise a premium of insurance evaluation module, premium of insurance and sum of insurance in order to assess these commodity and/or processing procedure comprise following steps:

18, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 17 is characterized in that, the computing method of this premium of insurance comprise following steps at least:

19, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 17 is characterized in that, the computing method of this premium of insurance comprise following steps at least:

20, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 17 is characterized in that, the computing method of this premium of insurance comprise following steps at least:

21, the risk evaluation of regulatory patent infringement liability insurance system of insured goods according to claim 11; it is characterized in that: further can be the stage guarantor of adding, is to refer to add before the product exhibition protect or before sales adds and protects or add the guarantor when desiring to add mention infringement suit before guarantor or new commodity and/or new processing procedure generation.

22, a kind of upstream and downstream products cooperating analytic system of patent commodity that liability insurance is made is characterized in that, comprises:

(3) store the aforementioned risk assessment data;

23, the upstream and downstream products cooperating analytic system of patent commodity that liability insurance is made according to claim 22 is characterized in that, further comprises: