Method of appraising and insuring intellectual property

Abstract

Methods are disclosed for using computers, computer programs, algorithms and computer networks and communications hardware and protocols to appraise the value of assets as well as protecting asset owners from the risk that other entities will value those assets differently. The methods disclosed include: Supplementing traditional valuation methods with other considerations that may affect the value of intellectual property assets. Using insurance type financial instruments to maintain compliance with regulatory requirements such as those imposed by the Sarbanes Oxley Act, the SEC, or the IRS. Using insurance type financial instruments to protect intellectual property asset owners from the risk that tribunals, regulatory agencies, or other entities will appraise intellectual property assets at a different value.

1 . A computer-implemented method of outputting an intellectual property valuation risk policy comprising:
 accessing computer-executable instructions from at least one computer-readable storage medium; and   executing the computer-executable instructions, thereby causing computer hardware comprising at least one computer processor to perform operations comprising:   accessing a valuation database to determine a first expected value for a first intellectual property asset, the valuation database comprising expected values of a plurality of intellectual property assets;   determining a prosecution history score for the first intellectual property asset, the prosecution history score based on contents of a prosecution history corresponding to the first intellectual property asset;   calculating a premium for an intellectual property valuation risk policy based on the first expected value and the prosecution history score, the intellectual property valuation risk policy configured to protect against third party valuations of the intellectual property asset that are below the first expected value; and   outputting the intellectual property valuation risk policy comprising the premium.   
     
     
         2 . The computer-implemented method of  claim 1 , the at least one computer processor to perform operations further comprising:
 generating a loss probability distribution based on the premium;   determining an optimal policy structure based on the loss probability distribution, the optimal structure comprising at least a policy limit and a reinsurance requirement level; and   outputting the intellectual property valuation risk policy comprising the premium, the policy limit, and the reinsurance requirement level.   
     
     
         3 . A computer-implemented method to appraise a value of an intellectual property asset and to insure against risks related to the value of the intellectual property asset, the method comprising:
 electronically receiving in a computer system at least one appraisal of the intellectual property asset that is based on a cost approach, a market approach, or an income approach;   electronically receiving in the computer system information indicating at least part of a prosecution history of the intellectual property asset;   electronically calculating in the computer system an adjusted appraisal based on a weighting factor determined from prosecution history information of the intellectual property asset, wherein the prosecution history information comprises a number of office actions in the prosecution history in the prosecution history;   electronically calculating in the computer system a premium amount for a risk policy based on the adjusted appraisal, wherein the risk policy protects against fluctuations in the value of the intellectual property asset; and   electronically issuing by the computer system a valuation bond on the intellectual property asset, wherein the valuation bond comprises at least one payment obligation that is triggered when the adjusted appraisal is found to have overstated a value of the intellectual property asset relative to a determined value of the intellectual property asset.   
     
     
         4 . The computer-implemented method of  claim 3 , wherein the weighting factor is determined from a number of non-final office actions identified in the prosecution history of the intellectual property asset. 
     
     
         5 . The computer-implemented method of  claim 3 , wherein the weighting factor is determined from a number of final office actions identified in the prosecution history of the intellectual property asset. 
     
     
         6 . A computer-implemented method to appraise a value of an intellectual property asset and to insure against fluctuations in the value of the intellectual property asset, the method comprising:
 electronically receiving in a computer system at least one appraisal on the intellectual property asset that is based on a cost approach, a market approach, or an income approach;   electronically receiving in the computer system information about a prosecution history of the intellectual property asset;   electronically calculating in the computer system an adjusted appraisal based on information from the prosecution history of the intellectual property that indicates a number of references cited in the prosecution history;   electronically calculating in the computer system a premium for a risk insurance policy based on the adjusted appraisal, wherein the risk insurance policy comprises a benefit when the value of the intellectual property asset decreases; and   electronically issuing by the computer system a valuation bond on the intellectual property asset, wherein the valuation bond comprises at least one payment obligation that is triggered when the adjusted appraisal is found to have overstated a value of the intellectual property asset relative to a determined value of the intellectual property asset.   
     
     
         7 . The computer-implemented method of  claim 6 , wherein the weighting factor is determined from a number of references cited by an examiner that examined the intellectual property asset that are identified in the prosecution history. 
     
     
         8 . The computer-implemented method of  claim 6 , wherein the weighting factor is determined from a number of references cited in a prior art rejection by an examiner that examined the intellectual property asset that are identified in the prosecution history. 
     
     
         9 . The computer-implemented method of  claim 6 , wherein the weighting factor is determined from a number of references cited in a disclosure statement by an applicant of the intellectual property asset that are identified in the prosecution history. 
     
     
         10 . A computer implemented method to appraise a value of an intellectual property asset and to insure against risks related to the value of the intellectual property asset, the method comprising:
 electronically receiving in a computer an appraisal on the intellectual property asset using traditional valuation methods, the traditional valuation methods comprising at least one of a cost approach, a market approach, or an income approach;   electronically calculating in the computer an adjusted appraisal by adjusting the appraisal based on information that is not considered in said traditional valuation methods, the information comprising at least contents of the prosecution history of the intellectual property asset;   electronically calculating in the computer a risk policy premium based on the adjusted appraisal for a risk policy that protects against risks related to the value of the intellectual property asset; and   electronically outputting by the computer the calculated risk policy premium.