Definition of IAEC Intellectual Property Comparison Standards
Definition of IAEC Intellectual Property Comparison Standards
Definition of IAEC Intellectual Property Comparison Standards
Table of Contents
Table of Contents
Definition of IAEC Intellectual Property Comparison Base Value
Appraisal Reference Date
Definition of IAEC Intellectual Property Comparison Base Value
Scope of Appraisal
Limitations on the Authenticity of Submitted Materials
Basic Principles of Artificial Intelligence Search
Recording of Artificial Intelligence Search Logs
Appraisal Reference Date
Criteria for Adopting Comparative Materials
Scope of Appraisal
Criteria for Excluding Comparative Materials
Where Intellectual Property Comparison Standards Exist
Where Intellectual Property Comparison Standards Do Not Exist
Calculation of Market Size
Limitations on the Authenticity of Submitted Materials
Basis for Adjustment Coefficients
Nature of the Final Appraisal Price
Statement to Be Indicated in the Appraisal Report
Definition of IAEC Intellectual Property Comparison Base Value
Basic Principles of Artificial Intelligence Search
IAEC intellectual property comparison base value means the starting base value for calculating an appraisal amount, determined by IAEC in order to calculate the appraisal amount of patents, utility models, designs, trademarks, copyrights, software, databases, artificial intelligence models, platform technologies, or other intellectual property, based on rights, technologies, products, services, transaction cases, license cases, royalty cases, technology transfer cases, development costs, alternative development costs, investment cases, market data, or public data that are identical or similar to the intellectual property subject to appraisal.
The IAEC intellectual property comparison base value is not the final intellectual property appraisal price itself, but the reference point for calculating the intellectual property appraisal price.
The final intellectual property appraisal price is calculated by reflecting technical merit, rights value, usability, marketability, profitability, exclusivity, rights stability, limitations, and risk adjustment factors on the IAEC intellectual property comparison base value.
Appraisal Reference Date
IAEC basic appraisal of intellectual property is performed based on submitted materials, artificial intelligence search materials, and public materials as of the appraisal reference date.
The appraisal reference date means the reference date for determining the rights status, application or registration status, technical configuration, market conditions, similar technical materials, license cases, and comparison base value of the intellectual property subject to appraisal.
Recording of Artificial Intelligence Search Logs
Because the value of intellectual property may vary depending on rights status, registration status, existence of office actions, market conditions, emergence of similar technologies, technology life, and commercialization potential, the IAEC appraisal report must indicate the appraisal reference date.
This basic intellectual property appraisal price is calculated based on submitted materials, artificial intelligence search materials, public materials, and verifiable comparative materials as of the appraisal reference date.
Scope of Appraisal
Criteria for Adopting Comparative Materials
IAEC basic appraisal of intellectual property is limited to calculating the basic value of the intellectual property subject to appraisal based on submitted rights materials and artificial intelligence search materials.
For patents, the basic materials are as follows.
Criteria for Excluding Comparative Materials
Where Intellectual Property Comparison Standards Exist
Patent publication or application documents; certificate of registration; application number; claims; description of the invention; drawings; office action.
Registration or application status; artificial intelligence search materials; public materials. Where specialized materials such as actual sales data, accounting data, business plans, investment agreements, mass production agreements, license agreements, royalty agreements, or technology transfer agreements are not submitted, IAEC basic appraisal of intellectual property does not treat them as confirmed materials.
Where Intellectual Property Comparison Standards Do Not Exist
Calculation of Market Size
Where such specialized materials do not exist, the appraisal price must be indicated as a basic appraisal price based on theoretical intellectual property comparison base value.
Limitations on the Authenticity of Submitted Materials
IAEC performs basic appraisal of intellectual property based on the form, content, and mutual correspondence of the submitted materials.
IAEC does not guarantee whether the submitted materials are forged or altered, the legal validity of rights, registrability, invalidity risk, infringement, enforceability of rights, or legal authenticity.
Basis for Adjustment Coefficients
The registrability, invalidity risk, infringement, interpretation of claim scope, enablement, or legal effect of a patent is subject to separate review by a patent specialist, legal review, or professional appraisal.
IAEC performs basic appraisal of intellectual property based on the form, content, and mutual correspondence of the submitted materials, and whether the submitted materials are forged or altered, the legal validity of rights, registrability, invalidity risk, or infringement is subject to separate professional review or professional appraisal.
Basic Principles of Artificial Intelligence Search
Before calculating an appraisal amount in a basic intellectual property appraisal, IAEC must basically search, through artificial intelligence search, for comparative materials that are identical, similar, or related to the intellectual property subject to appraisal.
Artificial intelligence first identifies the rights scope, technical configuration, field of application, rights status, claim structure, technical effect, and limitations of the intellectual property subject to appraisal based on patent publications, application documents, certificates of registration, application numbers, claims, descriptions of the invention, drawings, office actions, registration status, or other rights materials.
Next, artificial intelligence searches for similar patents, similar technologies, similar products, similar services, technology transfer cases, license cases, royalty cases, development contract cases, supply contract cases, investment cases, similar companies, or
Nature of the Final Appraisal Price
corporate value data of similar technologies, industry reports, market data, corporate disclosure materials, academic materials, and other public materials.
For the searched materials, artificial intelligence must record the title, source, confirmation date, target right or technology, price or numerical value, technical similarity to the subject of appraisal, similarity of rights scope, market relevance, and limitations of the materials.
Based on the artificial intelligence search results, IAEC distinguishes between cases where comparison standards exist and cases where comparison standards do not exist.
Recording of Artificial Intelligence Search Logs
- Definition of IAEC Intellectual Property Comparison Standards
IAEC must retain the process of artificial intelligence search performed for calculating intellectual property comparison base value in the appraisal report or in internal records.
Statement to Be Indicated in the Appraisal Report
Search date; search terms; searched materials; title of searched material; source of searched material; confirmed price or numerical value; confirmed market size; technical similarity to the subject of appraisal; similarity of rights scope to the subject of appraisal; whether the comparative material was adopted; reason for exclusion of comparative material; reason for adoption as comparison base value; reason for correction or adjustment. The search log is a record for confirming that the appraisal price was not calculated arbitrarily, but was calculated through artificial intelligence search and review of comparative materials.
Criteria for Adopting Comparative Materials
IAEC may adopt, as comparative materials, artificial intelligence search materials that satisfy the following criteria.
The material must be similar to the intellectual property subject to appraisal in technical configuration, problem to be solved, operational effect, or field of application; the source of the material must be verifiable; numerical values such as transaction amount, license amount, royalty rate, market size, or development cost must be verifiable; it must not be excessively remote in time from the appraisal reference date; it must be related to the usability or marketability of the right subject to appraisal; and it must be possible to compare the rights scope, technical level, or commercialization potential. IAEC determines whether to adopt comparative materials by comprehensively considering the above criteria.
Criteria for Excluding Comparative Materials
Among artificial intelligence search materials, IAEC may exclude the following materials from the calculation of comparison base value or use them only as auxiliary materials.
Definition of IAEC Intellectual Property Comparison Base Value
Materials with unclear sources; materials for which price, royalty rate, market size, or numerical value is not verifiable; materials that are similar in name only but different in technical configuration or operational effect; materials whose field of application or market is substantially different from the subject of appraisal; materials whose rights scope or claim structure is difficult to compare; advertising materials or unverified promotional materials; and materials whose scope of application is excessively broad and carries a risk of overvaluation. Where materials are excluded, the reason for exclusion must be recorded.
Where Intellectual Property Comparison Standards Exist
A case where intellectual property comparison standards exist means a case where, through artificial intelligence search and review of submitted materials, transaction cases, technology transfer cases, license cases, royalty cases, development contract cases, investment cases, market prices of similar products or services, market data, or public materials relating to patents, utility models, designs, trademarks, copyrights, software, databases, artificial intelligence models, platform technologies, or other intellectual property identical or similar to the intellectual property subject to appraisal are confirmed.
IAEC intellectual property comparison base value means the starting base value for calculating an appraisal amount, determined by IAEC in order to calculate the appraisal amount of patents, utility models, designs, trademarks, copyrights, software, databases, artificial intelligence models, platform technologies, or other intellectual property, based on rights, technologies, products, services, transaction cases, license cases, royalty cases, technology transfer cases, development costs, alternative development costs, investment cases, market data, or public data that are identical or similar to the intellectual property subject to appraisal.
The IAEC intellectual property comparison base value is not the final intellectual property appraisal price itself, but the reference point for calculating the intellectual property appraisal price.
In this case, IAEC uses the comparative materials confirmed by artificial intelligence as the source of the intellectual property comparison base value and determines the starting base value for calculating the appraisal amount.
Even where comparative materials are confirmed, there may be differences between the subject of appraisal and the comparative materials in rights scope, technical level, claim structure, field of application, exclusivity, market size, profitability, transaction timing, or rights stability, and therefore IAEC performs necessary adjustment calculations.
The final intellectual property appraisal price is calculated by reflecting technical merit, rights value, usability, marketability, profitability, exclusivity, rights stability, limitations, and risk adjustment factors on the IAEC intellectual property comparison base value.
Intellectual Property Appraisal Price = Intellectual Property Comparison Base Value × Technical Merit Coefficient × Rights Value Coefficient × Usability Coefficient × Marketability Coefficient × Profitability Coefficient × Exclusivity Coefficient × Risk Adjustment Coefficient
Where Intellectual Property Comparison Standards Do Not Exist
A case where intellectual property comparison standards do not exist means a case where, although IAEC has conducted artificial intelligence search and reviewed submitted materials, directly comparable transaction cases, technology transfer cases, license cases, royalty cases, development contract cases, investment cases, similar product prices, market data, or public materials concerning the intellectual property subject to appraisal are not sufficiently confirmed.