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Lect 6- The Value of an Invention.ppt
1. Determining the Value of Invention:
License Agreement
โข Value โ How much the licensor is entitled to as
compensation from the licensee in exchange for licensing
rights
โข Compensation (Royalty) โ Income for the licensor at the
expense of the licensee
โข How to arrive at a fair royalty: Many Models
โข Simple model to calculate impact on royalty rates and
compensation by fixed dollar payments have differing
effects on pricing behavior. (that doesnโt make sense,
stacyโฆ)
2. Royalties
โข Running Royalty is most popular. The sharing of
success, achieved through the distribution of profits โ
This is considered a good indication:
โ Profits: A share of 25% of profits
โข Profit is not an ideal metric to base royalty payments
on because of the different accounting ways that can
be represented.
โ Net Sales: A share of 5% of net sales
3. Royalty: % of Net Sales
(many models)
โข % may be constant
โข It might also decline beyond certain
base levels as sales rise (incentive to
licensee to promote sales)
โข Increase at higher volumes
4. Royalty Rate Payment
โข Often accomplished by up-front payment โ
License Fee
โข A minimum annual royalty payment
Up front money serves a few purposes:
โข Immediate returns to licensor
โข Incentive for licensee to bring technology to
market
6. Other Compensation
1. Royalty fee for sub-licensees
2. Stocks
3. Equity (works for many small start-ups)
(2) and (3) allow licensor to participate in
profits and increased control of business
7. Ball Park Ranges
IP RANGE
Patent
Licenses
0.2 โ 35%
Trade
Secrets
0.2 โ 15%
Tabulated from biological, chemical, electrical,
mechanical
8. Fixed Sum Equivalents of Running
Royalty
โข If the market interest rate is 10%, this is the
opportunity cost or rate that is forgone if the
licensor elects a running royalty
โข Lump sum payments can be invested in the
market
9. Simple Model for
Negotiating Royalty
โข An array of considerations or variables
judged to impact the royalty
โข Reasonable estimates on dollar valuations of
the variables impacting the royalty
โข Weights impacting relative worth on the
variables impacting royalty
10. Variable Affecting
Royalties
โข Degree of Exclusivity (exclusive, non-
exclusive)
โข Anticipated Net Sales
โข Type of License (Patent or know how)
โข Term of License
โข Terms of Licensee (guarantees, immunities,
etc).
11. Summary โ
Technology Transfer
โข Innovation and Technology transfer is
exciting, but it is a complex process
โข Innovation and Technology transfer are a
judicious mix of management and science,
creativity with technology.