Author: Maayan Perel (Filmar)
Publisher:
ISBN:
Category :
Languages : en
Pages : 89
Get Book Here
Book Description
This Article presents a novel, ex ante method of patent valuation for licensing purposes. It suggests that the value of patents should correlate with their technological contribution for our patent system to adequately reward innovation. The proposed method deviates from existing methods in at least four novel aspects. First, it adopts a social-normative perspective instead of a positive-economic one. Thus, it asks what should be the license value, from the standpoint of the patent system, and not what would be that value in a world with no regulatory intervention. Second, it is performed ex ante, upon the grant of patent protection, far before any licensing negotiations are initiated. Third, it recommends setting flexible limitations over the ultimate license value, rather than setting a single fixed price. Fourth, it suggests subjecting the process of patent valuation to external regulation, instead of leaving it to the exclusive control of free market powers.Accordingly, this Article advances a two step, novel method of patent valuation: first, determining the quality of a given patent according to the proposed quality indicators, and then, assigning flexible price limitations that correlate with the patent's quality. Such a social-normative method of patent valuation, this Article contends, would promote at least four significant objectives. First, by translating patent quality into patent value, it could encourage high quality innovation and improve patent quality. Second, by setting ex ante limitations over the licensing price the patentee may ultimately demand, it would downgrade patent trolling. Third, by determining the price of a patent upon issuance, it could neutralize the manipulative effect of external factors, such as the identity of negotiating parties and their respective bargaining powers, as well as the circumstances surrounding the licensing negotiations, which bears no relation to patent quality, over the patent's value. The proposed ex ante method could hence limit the ability of patentees having strong bargaining power to obtain un-proportional licensing fees that fail to reflect the true value of their inventions. Consequently, it could hamper their ability to hold-up follow-on innovation and impede future research. Fourth, in the long term, the proposed method would also reduce litigation costs and decrease litigation rates for the benefit of the public as a whole.
Author: Federico Munari
Publisher: Edward Elgar Publishing
ISBN: 0857936514
Category : Law
Languages : en
Pages : 393
Get Book Here
Book Description
This book fills an important gap in the literature and will be very useful both to students of intellectual property and practitioners confronted by the problem of valuing their patent portfolios. An excellent overview of an evolving and challenging area, it provides the necessary background to thinking about the problem of valuation and describes all the major methods in use, including the real options approach. Bronywn H. Hall, University of California, Berkeley, US In depth knowledge and scientific approach are used to improve patent valuation techniques. . . a dream book for both researchers and practitioners interested in identifying the value of creative minds. Bruno van Pottelsberghe, Solvay Brussels School of Economics and Management, ULB, Belgium The Economic Valuation of Patents provides an original and essential analysis of patent valuation, presenting the main methodologies to value patents in different contexts. Starting with an analysis of the relevance of patent valuation from a strategic, economic and legal perspective, the book undertakes a thorough review of the existing financial and qualitative valuation methodologies. The contributing authors, IP experts from academia and business, discuss the application of valuation issues in various contexts such as patent portfolio management, licensing agreements, IP litigation, IP-backed finance and accounting. For each topic, an introductory theoretical background is provided and specific application contexts are then investigated. This multidisciplinary book bridges theory and practice in a unique and novel way that will be appreciated by graduate students, scholars and practitioners alike.
Author: William J. Murphy
Publisher: John Wiley & Sons
ISBN: 1118027345
Category : Law
Languages : en
Pages : 400
Get Book Here
Book Description
A practical resource for valuing patents that is accessible to the complete spectrum of decision makers in the patent process In today's economy, patents tend to be the most important of the intellectual property (IP) assets. It is often the ability to create, manage, defend, and extract value from patents that can distinguish competitive success and significant wealth creation from competitive failure and economic waste. Patent Valuation enhances the utility and value of patents by providing IP managers, IP creators, attorneys, and government officials with a useable resource that allows them to use actual or implied valuations when making patent-related decisions. Involves a combination of techniques for describing patent valuation Includes descriptions of various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and examples Serves as a useable resource that allows IP managers to use actual or implied valuations when making patent-related decisions One of the most fundamental premises of the book is that these valuation skills can be made accessible to each of the various decision makers in the patent process. Patent Valuation involves narrative descriptions of the various topics, illustrative cases, step-by-step valuation techniques, user-friendly procedures and checklists, and an abundance of examples to demonstrate the more complex concepts.
Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379
Get Book Here
Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author: Alexander Wurzer
Publisher: Kluwer Law International B.V.
ISBN: 9041140646
Category : Law
Languages : en
Pages : 586
Get Book Here
Book Description
Drawing on the full range of available resources, this book clearly and systematically presents a detailed overview of current knowledge about patent valuation. In the course of the presentation the authors cover such elements of the subject as the following: business implications of the dematerialization of economic life; importance of intellectual property in a knowledge economy; forms of value creation by intangible assets in general and by patents in particular; value proposition of different ways of patent exploitation; patent value affecting environmental factors and factors inherent to the patent portfolio; structure of current instruments of patent valuation. The authors provide a detailed step-by-step account of how to set up a valuation model, with specifications of all the instruments required and attention to any empirical findings that have appeared. In addition, detailed case studies demonstrate the practical execution of major varieties of patent valuation, an appendix describes the mathematics used to compute present value and net value, and a glossary defines technical terms. In addition to its contribution to legal scholarship on patent law, the book is unmatched as a procedural manual for setting up a valuation model before a concrete valuation task. There is no clearer discussion of patent valuation as a crucial element of corporate strategy in the knowledge economy, and as such the book will prove of great practical assistance to business managers and their counsel in any jurisdiction.
Author: Maria Cristina Odasso
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This paper analyzes the impact of patent bibliographic indicators and patent characteristics on the economic value of patents put on sale in an auction, considering different typologies of sellers and buyers. A unique dataset covering all patent auctions held until the end of 2008 by Ocean Tomo is used. We employ two measures of patent value drawn from the auction process: the offer price (ex-ante value set by the seller) and the closing price (the market-value determined by the buyers) of patent lots. We find a positive correlation between forward citations and the economic value of patents, while backward citations have a positive and significant impact on the lot offer price, but turn to be negatively related to the lot closing price. The number of claims does not affect significantly the lot offer price, while it has a clear positive impact on the lot closing price. Also, the degree of technological congruence of the patents included in a lot, which is positively and significantly related to the lot offer price, turns to be still positive but not significant if we consider the lot closing price. This evidence is interpreted in the light of the different typologies of buyers and sellers participating at the auction event.
Author: Igor Nikolic
Publisher: Bloomsbury Publishing
ISBN: 1509947566
Category : Law
Languages : en
Pages : 319
Get Book Here
Book Description
What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.
Author: Roman L. Weil
Publisher: John Wiley & Sons
ISBN: 1118237404
Category : Law
Languages : en
Pages : 1022
Get Book Here
Book Description
Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.
Author: Robert F. Reilly
Publisher: John Wiley & Sons
ISBN: 1937352250
Category : Business & Economics
Languages : en
Pages : 784
Get Book Here
Book Description
The highly experienced authors of the Guide to Intangible Asset Valuation define and explain the disciplined process of identifying assets that have clear economic benefit, and provide an invaluable framework within which to value these assets. With clarity and precision the authors lay out the critical process that leads you through the description, identification and valuation of intangible assets. This book helps you: Describe the basic types of intangible assets Find and identify intangible assets Provide guidelines for valuing those assets The Guide to Intangible Asset Valuation delivers matchless knowledge to intellectual property experts in law, accounting, and economics. This indispensable reference focuses strictly on intangible assets which are of particular interest to valuation professionals, bankruptcy experts and litigation lawyers. Through illustrative examples and clear modeling, this book makes abstract concepts come to life to help you deliver strong and accurate valuations.
Author: Anne Layne-farrar
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 34
Get Book Here
Book Description
