Granting a license for an intellectual property right is undoubtedly a very good way to monetize a patent. We have famous examples of success stories resulting from this strategy. To name but one, the Roland Moréno group with the smartcard technology…
Setting the remuneration level for a license must be justified. The remuneration for a license is made up of a royalty fee, sometimes complemented by an upfront payment, both of which are negotiated on the basis of different criteria, including the quality of the patent, the state of the market and the value of the patent, along the assessment of the associated know-how (if applicable).
To do this, we propose to carry out:
- A brief valuation study of the patent/software and the associated know-how;
- The validation of the quality of the patent by a Patent Attorney;
- The market.
These preliminary steps are necessary to determine the licensing potential for a patent you own. These provisions are also necessary when acquiring exploitation rights if you have a strategy for diversifying your company’s activities.
Taking a wild guess to formulate an offer is not likely to lead to the conclusion of a licensing agreement with an objective valuation.
Whether it is an acquisition or a licensing agreement, the Brandon Rezac group, made up of Brandon IP, Industrial Property Attorney, Rezac Law, Attorneys, and Brandon Valorisation, puts its expertise at your disposal to assist you in these steps.
Licensing as a way to monetize your intellectual property investments
Protecting your inventions, especially through patents, is a cost, sometimes a significant one when it comes to extending the protection in many countries. We believe that this expense should be managed as any investment, that means with a view to profitability.
In addition of the direct exploitation of your inventions by yourself, we offer to evaluate, with you, and then assist you in implementing an indirect exploitation strategy in the selected countries through licensing.
This license can take different forms. First, it can be an exclusive or non-exclusive license. From case to case, it can be a marketing license only, a production and marketing license, or a production license for which the distribution network would be set up and managed by you, the licensor.
It is important to note that the remuneration by way of license differs according to the nature of the license granted.
We work with you to determine the most equitable royalty rate and upfront payment based on your field of activity, and the quality and value of your patent.
