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Author: Maayan Perel (Filmar)
Publisher:
ISBN:
Category :
Languages : en
Pages : 89
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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: 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
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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: 111822213X
Category : Law
Languages : en
Pages : 400
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Book Description
A practical resource for valuing patents that is accessible tothe complete spectrum of decision makers in the patent process In today's economy, patents tend to be the most important of theintellectual property (IP) assets. It is often the ability tocreate, manage, defend, and extract value from patents that candistinguish competitive success and significant wealth creationfrom competitive failure and economic waste. PatentValuation enhances the utility and value of patents byproviding IP managers, IP creators, attorneys, and governmentofficials with a useable resource that allows them to use actual orimplied valuations when making patent-related decisions. Involves a combination of techniques for describing patentvaluation Includes descriptions of various topics, illustrative cases,step-by-step valuation techniques, user-friendly procedures andchecklists, and examples Serves as a useable resource that allows IP managers to useactual or implied valuations when making patent-relateddecisions One of the most fundamental premises of the book is that thesevaluation skills can be made accessible to each of the variousdecision makers in the patent process. Patent Valuationinvolves narrative descriptions of the various topics, illustrativecases, step-by-step valuation techniques, user-friendly proceduresand checklists, and an abundance of examples to demonstrate themore complex concepts.
Author: Alexander Wurzer
Publisher: Kluwer Law International B.V.
ISBN: 9041140646
Category : Law
Languages : en
Pages : 586
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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: Brian Burke
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Time is money and money is time, but what is the value of your time? What is the value of a lawful monopoly for twenty years? Over the last several decades, scholars have proposed multifarious theoretical frameworks for patent valuation, but no accepted empirical law has emerged. Further, each proposed patent valuation method has at least one major drawback related to an input value problem. The input value problem is uncertainty or inaccuracy of a given input value used in a patent valuation method. Uncertainty or inaccuracy is either inherent in the method or arises from subjective bias or lack of information of the inputs. Different methods of valuation are used in different contexts, but no method has recognized or proposed solutions to the input value problem. This Comment identifies how the input value problem distorts each of the currently accepted valuation methods. Using experimental data and proposed heuristics, the study then conducts an empirical analysis to develop an empirical formula that addresses the input value problem. The proposed method solves the input value problem by incorporating a market-based weighted median of patent assignments, time-dependent patent costs, qualitative validity and claim analysis, and objective patent value indicators. This Comment adds to the patent valuation literature, and informs scholars and practitioners of a novel method to facilitate better negotiations, investments, and litigation.
Author: Arundhati Banerjee
Publisher: Routledge Chapman & Hall
ISBN: 9781032407036
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
Intellectual property rights and assets have become a major contributor to market capitalization for different companies. This book discusses the processes of valuation of patents and the legal and regulatory concerns around patent securitization. Patents are used as an instrument of securitization to attract funds towards supporting further research and monetisation which opens-up new areas of research. They are utilised through means such as licensing, sale and purchase, financing and others. This book provides an in-depth look into the importance of patents and more importantly their securitization. It analyses the patent securitization applications as well as existing methods towards gauging the suitability of patents. The authors explore simple yet suitable methods for the valuation of patents that can be applied to the existing models to arrive at a pragmatic value. The book also includes studies and tests these systems for their reliability and application in different research areas and companies. This book will be of interest to practitioners involved in financing and monetisation of patents, academics, researchers and students working in patent valuation, financial management, economics international economics.
Author: Maria Cristina Odasso
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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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: Anne Layne-farrar
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 34
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Book Description
Author: R. K. Jain (Patent agent)
Publisher:
ISBN: 9789351437758
Category : Patent laws and legislation
Languages : en
Pages : 140
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Book Description
Author: John R. Allison
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Although business methods previously had been patented, the Court of Appeals for the Federal Circuit first gave them formal recognition as patentable subject matter in 1998. Internet business method patents have been roundly criticized by most observers as being singularly inferior to most other patents. Many have even argued that business methods should not be patentable subject matter. As a result, Congress and the Patent and Trademark Office (PTO) singled them out for special treatment. All of these criticisms were voiced without empirical support. We gathered data on most Internet business method patents issued through the end of 1999 and compared them with a large contemporaneous data set of patents in general. We also compared them with patents in fourteen individual technology areas within the general patent data set. Our comparison focused on several metrics that we believe serve as good proxies for patent quality and value. We found that Internet business method patents appear to have been no worse than the average patent, and possibly even better than most. They also appear to have been no worse, and possibly even better than patents in most individual technology areas. These findings lead us to question the conventional wisdom that these patents were uniquely deficient. We briefly explore some possible explanations for the chasm between the accepted view and what we believe to have been the reality, including the possibility that negative opinions about these patents may have been characterized by an information cascade. More important, we believe that efforts to single out these patents for special treatment not only lacked sound justification in the particular case but also reveal more fundamental problems associated with ex ante definitions to carve out any particular technology area for different treatment.
