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Title:
METHOD AND APPARATUS TO FACILITATE COMMERCIAL TRANSFER OF INFORMATION USING A NETWORK SYSTEM
Document Type and Number:
WIPO Patent Application WO/2001/048642
Kind Code:
A2
Abstract:
A computer system permits online transfer of information between an information provider and an information consumer by providing a system for posting available information and negotiating system for consumer and provider to negotiate the transfer of posted information from the provider and generate a transfer contract governing the transfer of such information. The information offered may be deleted from the system display, modify or a new resource added based on the specific protocol preventing the deletion of a resource if it is engaged at that time. The system preferably also includes an arbitration system to resolve a dispute between the provider and consumer.

Inventors:
SO PETER KAR LUN (CA)
Application Number:
PCT/CA2000/001397
Publication Date:
July 05, 2001
Filing Date:
November 22, 2000
Export Citation:
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Assignee:
SO PETER KAR LUN (CA)
International Classes:
G06Q99/00; (IPC1-7): G06F17/60
Other References:
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Attorney, Agent or Firm:
Rowley, Cecil A. (Ontario K0K 2C0, CA)
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Claims:
CLAIMS I claim :
1. A method of using a computer system to facilitate commercial transfer of information between an information provider and an information consumer comprising collecting at least one information provider with a defined information resource and posting said at least one provider's resource classified based on its defined information on said system, said system granting access to potential consumers of said resource, said system receiving a request from one of said consumers to purchase selected information from a selected information provider, processing said request including conveying said request to said selected provider and receiving a response from said selected provider, said system communicating said response as an offer to provide to said one consumer, said system providing said one consumer the option of a) an acceptation of said offer to provide, b) a rejection of said offer to provide or c) said consumer to submit a counter offer, if said selected consumer communicates a rejection of said offer (b) negotiations between said selected provider and said one consumer cease and said offer to purchase is terminated, if said consumer communicates a counter offer (c)) said negotiation is continued and said system conveys said counter offer (c) to said selected provider, thereafter said selected provider communicates through said system to said one consumer said selected providers i) acceptation of said counter offer, ii) rejection of said counter offer or iii) a further counter offer and said negotiation is repeated as required until there is a rejection by said selected provider or said one consumers of said counter offer (s) or said further counter offer (s) whereupon negotiations between said selected provider and said one consumer cease and said offer to purchase is terminated or there is an acceptation of said offer or said counter offer (s) or said further counter offer (s) is received at which time a contract to purchase said selected information is created based on said offer, said counter offer or said further counter offer for which an acceptation has been received, said system receives funds from said one consumer based on said created contract and said system places said funds in escrow and notifies said selected provider, thereafter said selected provider transfers said selected information to said one of said consumers and notifies said one consumer through said system that transfer of information is completed, and on acceptance by said one consumer said system releases said funds from escrow to said selected supplier.
2. A method as defined in claim 1 wherein said method further includes a dispute and arbitration system wherein said method, if after notification that transfer of said information is completed said one consumer disputes said transfer of information is completed, said funds are not released from escrow and information concerning said dispute is transferred to said selected provider and a second negotiation is commenced and carried forward in the same manner as said negotiation until there is an acceptation or rejection by either said selected provider or said one consumer, if there is an acceptation said funds are released to said selected provider in accordance with the terms of said second negotiation, if a rejection is issued by said selected provider or said one of said consumers, a compulsory arbitration is applied through said system to resolve the dispute and said funds are released by said system from escrow to said selected supplier and/or said one of said consumers based on a decision of said compulsory arbitration.
3. A method as defined in claim 1 wherein said collecting at least one information provider with a defined information resource and posting said at least one provider's resource classified based on its defined information on said system includes facilitating updating and/or deletion of a resource already on said system, and comprises said system providing for selection of edit a selected resource for editing, add a new resource or delete a selected resource to be deleted from said system, if editing said selected resource is selected said system permits said provider to edit said selected resource to be edited provide an updated resource and said updated resource is posted on the system, if deletion of said selected resource for deletion is selected, the system confirms deletion and checks whether said selected resource to be deleted is in use, if so said system notifies said provider and deletion is denied, if said selected resource to be deleted is not in use, said system deletes said selected resource to be deleted and confirms deletion with said provider, if said provider selects add a new resource said provider provides a complete resource description of said new resource being added and said new resource being added is classified and then posted by said system.
4. A method as defined in claim 2 wherein said collecting at least one information provider with a defined information resource and posting said at least one provider's resource classified based on its defined information on said system includes facilitating updating and/or deletion of a resource already on said system, and comprises said system providing for selection of edit a selected resource for editing, add a new resource or delete a selected resource to be deleted from said system, if editing said selected resource is selected said system permits said provider to edit said selected resource to be edited provide an updated resource and said updated resource is posted on the system, if deletion of said selected resource for deletion is selected, the system confirms deletion and checks whether said selected resource to be deleted is in use, if so said system notifies said provider and deletion is denied, if said selected resource to be deleted is not in use, said system deletes said selected resource to be deleted and confirms deletion with said provider, if said provider selects add a new resource said provider provides a complete resource description of said new resource being added and said new resource being added is classified and then posted by said system.
5. A method as defined in claim 1,2,3 or 4 wherein said system further provides for said system to process said request by auto accepting said request if its terms meet a preselected threshold and notifying said provider if said threshold is not met, said provider reviews said request and may accept or reject said request and notify said consumer accordingly through said system or may submit a offer through said system for consideration by said consumer.
Description:
METHOD AND APPARATUS TO FACILITATE COMMERCIAL TRANSFER OF INFORMATION USING A NETWORK SYSTEM Field of Invention The present invention relates to a method and apparatus for an electronic contract negotiation and transfer of information.

Background of the Invention There are a number of different buyer and seller electronic protocols described in literature or elsewhere wherein a purchaser may go to. for example, an on line site and purchase a tangible article or the like.

US patents 5,797,127 issued August 18,1998 and 5,897,620 issued April 27,1999 both to Walker et al. describe methods and programs for the sale of an airline ticket, for example, by purchasing an option to obtain a specified airfare.

In US patent 5,794,207 issued August 11,1998 also to Walker, a system is described for effective bilateral buyer-driven commerce wherein a particular purchaser places an offer to purchase a well defined article into the system and this offer is communicated to vendors who may either accept or reject the offer. As soon as the offer has been accepted, a sale contract is automatically in effect. A system that appears to be modeled after this patent can be found on the intemet at http ://www. priceline. com which permits the purchaser to name its price and the vendors given the opportunity meet his price for a preselected well defined article such as a new automobile, an airline ticket, mortgage, hotel rooms, etc.

Sale of intangibles is significantly more difficult in that definition of the intangibles such as technical information or information of any kind can only be briefly defined in the resource catalogue and then it is up to the consumer and information provider to reach a mutually satisfactory agreement for transfer of the selected or desired information. No system is available to handle this kind of transaction online.

Brief Description of the Present Invention It is an object of the present invention to provide a method and apparatus for facilitating commercia ! transfer of information such as technical information using a network system.

It is a further object of the present invention to provide a negotiating system for negotiating and defining a contract to transfer information and preferably to include a arbitration system to better ensure fairness in the contract interpretation should any dispute arise.

It is yet another object of the present invention to provide a system for posting or advertising information for sale and display system.

Broadly the present invention relates to a method of using a computer system to facilitate commercial transfer of information between an information provider and an information consumer comprising collecting at least one information provider with a defined information resource and posting said at least one provider's resource classified based on its defined information on said system said system granting access to potential consumers of said resource, said system receiving a request from one of said consumers to purchase selected information from a selected information provider, processing said request including conveying said request to said selected provider and receiving a response from said selected provider, said system communicating said response as an offer to provide to said one consumer, said system providing said one consumer the option of a) an acceptation of said offer to provide, b) a rejection of said offer to provide or c) said consumer to submit a counter offer, if said selected consumer communicates a rejection of said offer (b) negotiations between said selected provider and said one consumer cease and said offer to purchase is terminated, if said consumer communicates a counter offer (c)) said negotiation is continued and said system conveys said counter offer (c) to said selected provider, thereafter said selected provider communicates through said system to said one consumer said selected providers i) acceptation of said counter offer, ii) rejection of said counter offer or iii) a further counter offer and said negotiation is repeated as required until there is a rejection by said selected provider or said one consumers of said counter offer (s) or said further counter offer (s) whereupon negotiations between said selected provider and said one consumer cease and said offer to purchase is terminated or there is an acceptation of said offer or said counter offer (s) or said further counter offer (s) is received at which time a contract to purchase said selected information is created based on said offer, said counter offer or said further counter offer for which an acceptation has been received, said system receives funds from said one consumer based on said created

contract and said system places said funds in escrow and notifies said selected provider, thereafter said selected provider transfers said selected information to said one of said consumers and notifies said one consumer through said system that transfer of information is completed, and on acceptance by said one consumer said system releases said funds from escrow to said selected supplier.

Preferably, said system further includes a dispute and arbitration system wherein said method, if after notification that transfer of said information is completed said one consumer disputes said transfer of information is completed, said funds are not released from escrow and information concerning said dispute is transferred to said selected provider and a second negotiation is commenced and carried forward in the same manner as said negotiation until there is an acceptation or rejection by either said selected provider or said one consumer, if there is an acceptation said funds are released to said selected provider in accordance with the terms of said second negotiation, if a rejection is issued by said selected provider or said one of said consumers, a compulsory arbitration is applied through said system to resolve the dispute and said funds are released by said system from escrow to said selected supplier and/or said one of said consumers based on a decision of said compulsory arbitration.

Preferably, said collecting at least one information provider with a defined information resource and posting said at least one provider's resource classified based on its defined information on said system includes facilitating updating and/or deletion of a resource already on said system, and comprises said system providing for selection of edit a selected resource for editing, add a new resource or delete a selected resource to be deleted from said system, if editing said selected resource is selected said system permits said provider to edit said selected resource to be edited provide an updated resource and said updated resource is posted on the system if deletion of said selected resource for deletion is selected, the system confirms deletion and checks whether said selected resource to be deleted is in use, if so said system notifies said provider and deletion is denied, if said selected resource to be deleted is not in use, said system deletes said selected resource to be deleted and confirms deletion with said provider, if said provider selects add a new resource said provider provides a complete resource description of said new resource being added and said new resource being added is classified and then posted by said system

Preferably, said system further provides for said system to process said request by auto accepting said request if its terms meet a preselected threshold and notifying said provider if said threshold is not met, said provider reviews said request and may accept or reject said request and notify said consumer accordingly through said system or may submit a offer through said system for consideration by said consumer.

Brief Description of the Drawings Further features, objects and advantages will be evident from the following detailed description of the preferred embodiments of the present invention taken in conjunction with the accompanying drawings in which; Figure 1 is a schematic illustration of a flow diagram of the process and computer apparatus for carrying out the present invention.

Figure 2 is a flow diagram illustrating the process for updating of the display or posting system by a resource provider and the options available.

Figure 3 is a flow diagram illustrating a preferred system by which the system processes a request from a consumer.

Figure 4 is a flow diagram of the preferred negotiation and arbitration system applied by the system if the consumer disputes transfer of the information.

Description of the Preferred Embodiments To operate the present invention, it is necessary that at least one resource provider member, preferably a number of different resource providers provide intangible resources such as technical information or the like and the system makes these resources available to consumers by displaying them in a posting section of the main system The preferred arrangement for adding or updating a resource or deleting resource from the main system shown in Figure 2. In the arrangement shown in Figure 2, the provider 100 contacts the system 10 as indicated by the arrow 102 and as indicated at 104 elects an option of adding (posting) a new resource as indicated at 106, editing an existing resource as indicated at 108, deleting an existing resource from the system (i. e. removing it from being posted) as indicated at 110 or may select other options as indicated at 112, for example, to clone a resource.

Should the provider select to add a new resource as indicated by arrow 106, the provider completes a resource description form provided by the system as indicated at 114

then chooses the type or characterization of the resource as indicated at 116. If the resource is a stand alone resource or single resource as indicated at 118 (i. e. no sub- resources attached thereto) the resource is uploaded as indicated at 120 to create a new resource as indicated at 122 and this resource is posted on the display or posting system of the main system 10 as indicated by the arrow 124.

If the resource 116 is a parent to one or more sub-resources as indicated at 126, the sub-or child-resource 126 is defined and added to create the new sub-resource 122. If a second sub-resource or child resource is to be added as part of the same parent as indicated at 129 and by a yes (arrow 128), then the procedure is repeated to create another sub- resources which is fed to the create resource 122 and added to the display as indicated by arrow 124.

If the selection is to edit a resource as indicated at 108, the resource to be edited is selected as indicated at 130 and then is edited as indicated at 132 and then the system updated at 134 and sent to be posted on the display system 10 as indicated by the arrow 136.

Obviously, providers may, at some time, wish to delete a resource from the display system 10. This is accomplish selecting delete a resource as indicated at 110, selecting the specific resource to be deleted as indicated at 138 and submitting the selection to the mam system 10, as indicated by arrow 139 and the system 10 confirms the request to delete as indicated at 140. The system 10 then determines if the selected resource to be deleted is currently engaged as indicated at 142. If yes, the system 10 notifies the provider and deletion is denied and this information is conveyed to the provider as indicated at 144 and the resource is retained on the resource display of the system 10 as indicated by the arrow 147. If the selected resource to be deleted is not in use, the system deletes the resource as indicated at 146 and updates the display system accordingly as indicated by the arrow 148 and confirms the resource deletion with the provider as indicated at 150.

After the information to be provided by the provider has been described, defined and posted on the mam system 10 as above described, it is then available to consumers.

However, since the information or material posted is intangible material, a system for the consumer to select the resource and then for negotiating between the provider and consumer for the transfer of the intellectual or intangible resource will include defining

more specifically what is to be transferred, define a conditions for transfer of the information or resource etc. establishing a contract between the consumer and provider and providing for completion of the contract. The system 10 provides the interface between the parties to negotiate the contract, which is completed before the information is transferred.

As shown in Figure 1, the main system provides for the provider to post a description of the resource he has for sale as described above (Figure 2) and as indicated at 100 which is posted on the main system 10. The consumer searches the main posted system 10 and locates the resource he is seeking as indicated at 212 and arrow 213 and then submits request or an offer to purchase the selected resource as indicated at 200 and submits same to the main system 10. The main system 10 then processes the request as indicated at 202 and as will be described in grater detail in conjunction with Figure 3.

As shown in Figure 3 the system 10 processes the consumers request by first reviewing the request as indicated at 300 and if it is above a minimum threshold set by the provider the request is auto accepted as indicated at 310 and line 312 and the system notifies the provider as indicated at 340 and system then via line 341 notifies the consumer of the acceptance of the request as indicated at 210.

On the other hand if the request is below the threshold set by the provider the system does not auto accept as indicated by the no in line 314 and the system notifies the provider as indicated at 320. The provider then reviews the request as indicated at 322 and as indicated by line 323 and decision 325 the provider may decide to accept or not accept as indicated by the yes or no in line 329 or formulate a counter offer to the consumer as indicated by line 327 and at 324. If the decision is to accept or not to accept as indicated by line 329 the provider notifies the consumer as indicated at 210. If the decision conveyed in line 329 is to accept (yes) a contract as indicated at 232 (see Figure 1) is created, if the decision conveyed in line 329 is to reject (no) the negotiation terminates as indicated at 228 in Figure 1.

If the provider decides to formulate an offer to the consumer as indicated at 324 the provider goes through the steps of selecting the resource 326, adjusting the price 328 and defining the delivery terms 330 and then reviews and may decide to add a further resource as indicated by line 334 which requires repeating 326,328 and 330 until the offer is completed. When the offer is completed i. e. no further items added the provider submits

the offer to the system as indicated at 338 and the system notifies the consumer as indicated at 210.

After the system notifies the consumer as indicated at 210 of the outcome of the processing at 202. The consumer may then notifies the system as indicated at 216 that the consumer accepts as indicated by line 217or rejects as indicated at 215 the offer to provide.

In the event any offer is accepted a contract is created as indicated at 232, on the other hand if the offer is rejected as indicated at 215 the rejection may be a simple rejection as indicated at 218 or a consumer counter offer provided as indicated at 219 both of which are provided to the system 10 as indicated by the arrow 221 and 223 and the system notifies the provider as indicated at 220. If no consumer counter offer is provided the negotiation ends as indicated at 228.

If the consumer rejects the proposal or offer and may propose a consumer counteroffer as indicated at 219 and notifies the system 10 which in turns notifies the provider as indicated at 220. The provider may accept the consumer counter offer as indicated at 222, reject the consumer counter offer as indicated at 224 or provide a further counter offer as indicated at 226.

Should a further counteroffer be made, the further counter offer is conveyed to the system 10 as indicated by the arrow 230 the system 10 notifies the consumer in the same manner as with the original offer to supply as indicated at 210 and the process is repeated as required.

If any offer or further offer is accepted consumer as indicated by the yes line 217, a contract is created as indicated at 232. Similarly, if the provider accepts a consumer counter offer at 222 as indicated by the yes in line 223, a contract is created as indicated at 232.

Once the contract is created, the consumer pays funds to the system 10 and these funds are moved into escrow by the system indicated at 234. With the funds in place the provider may safely deliver the resources (as negotiated) to the consumer as indicated at 236. When the transfer is completed in the mind of the provider, the provider so notifies the system 10 by declaring the contract is fulfilled as indicated at 238 and the system 10 then notifies the consumer accordingly as indicated at 240.

If the consumer the accepts or disputes the value of the resource which results in settlement or mediation as indicated at 242 and the negotiation (and contract) ends as indicated at 228.

The settlement and/or mediation carried out through the system as shown in more detail in Figure 4. The consumer as indicated at 442 decides if the consumer does or does not dispute completion of the contract. If the contract is not disputed as indicated at 441 the funds are released from escrow as indicated at 452 and paid to the provider.

On the other hand if the consumer disputes contract as indicated by line 444 the system 10 as indicated at 446 notifies the provider. The provider then may respond as indicated at 448. If the provider makes no response (within a preset time), the negotiation ends as indicated at 428 and no funds are released from escrow to the provider. If the provider accepts the terms disputed by the consumer a new contract is formed as indicated at 450, the funds are released as indicated at 452 in the appropriate amount based on the new contract formed as a result of the dispute.

If the provider responds and disputes the terms of the dispute as notified at 446, as indicated at 454, the system notifies the consumer as indicated at 456. The consumer may then respond or not respond. If no response is received as indicated by arrow 459, the funds are released as indicated at 452. If a response is received and the consumer accepts as indicated at 460, the funds are also released as indicated at 452. However, if the consumer responds as indicated at 458 but further disputes the terms as indicated at 461 the negotiations fail as indicated at 462 and the system notifies the provider as indicated by arrow 464 leading to 446 where the system advises the provider.

Failure to reach an agreement as indicated at 462 results in the dispute being sent to compulsory arbitration by the system as indicated at 466. The arbitrator (part of the function of the main system 10) reviews the contract and the delivered materials as indicated at 468 and imposes a settlement at 470 and indicates whether payment is required, indicated at 472. If yes, the appropriate funds are released as indicated at 452. If no, the negotiation is ended as indicated at 228.

It will be apparent that the present invention provides a complete system and a relatively fair system for transfer of intangible materials such as knowledge between a

consumer and provider that operates to facilitate the transfer and to ensure that neither party is taken advantage of.

It will be apparent that in that in most cases interaction between the provider (s), consumer (s) and the system will be via Web forms, Email, Email forms, PDA (like Palm Pilot, or Cellular Devices, and the like), WebTop remotes, etc. i. e. all suitable classes of Electronic Forms may be incorporated into the system The"Arbitration sub-system" initially uses auto-system-resolution logic to attempt to resolve the dispute. Human interventions are used for un-resolved disputes or high value transactions. Service cost is a major factor in high volume transaction system and thus human intervention is preferably held to a minimum Having described the invention, modifications will be evident to those skilled in the art without departing from the scope of the invention as defined in the appended claims