Valuation of Patents and Intellectual Property Assets
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Patent Valuation process covers analysis of scope of patent claims along with risk assessment and financial projections. Source: https://patentbusinesslawyer.com/patent-valuation-valuation-of-intellectual-property-assets/ Patent valuation process includes overview of patent and valuation aspects followed by patent valuation approach. Overview of patent covers reviewing patent filing date, patent priority date, countries where patent has been granted, title and abstract of patent, along with scope of granted patent claims. Patent Valuation Procedure The patent valuation procedure covers the NPV (Net Present Value), Future Value Forecast, and, Financial Modelling to Estimate Cash Flows. The cash flows are estimated with discounting for patent contribution and discounting for patent risk assessment. Patent Risk Assessment The risk assessment of a granted patent is aimed at analyzing the validity of granted patent claims, possibilities of design around patents, and potential risks associated with infringement lawsuits. Patent Valuation Approach The patent valuation approach covers different factors, like, the size of market, market share, annual growth rate, per unit price, profit margin, and feasibility of making the patented product. Patent Valuation Methods The patent valuation is done by different approaches. Two methods are basically used for patent valuation 1) Quantitative Approach - which uses numerical and economic data to measure the value of the intellectual property. 2) Qualitative Approach - where the analysis of the potential uses of the intellectual property is done. It deals with the opportunities and risk associated with the intellectual property of the company. The methods used in qualitative approach are: A. Cost method This approach indicates that the patent’s value is the replacement cost, which is the amount that it would cost to replace the item. Simply put, it would be the amount it would cost to replace the invention. B. Income method The patent’s value will be the present value of the cash flow or cost savings that it will help provide. For example, let’s say a company patents a product. The reason for patenting the product is because the company is expecting to increase its capital based on the sale of that product, or may expect to save money based on the invention. Therefore, that expected amount will be the value of the patent when using the income method. This method can be further divided into ‘profit contribution’ and ‘royalty.’ The profit contribution is the profit credited to a patent. The royalty is the income stream expected if a licensing agreement is entered into. C. Market method Using this method, you’ll need to determine what a potential buyer would pay for a similar product or service. Therefore, you can value your patent by looking at similar patents.
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The document provides guidance on how to prepare a patent search report, including conducting a patent search to discover similar patents and publications, and determining patent eligibility. The search report should include a summary of the invention, keywords, search classifications, strategy, and search results. It also describes analyzing the search results to compare to the invention and determine patentability by writing an opinion on whether patent eligibility exists.
Software Patent Case Study - Trademark Filing and Contract Drafting
Recently, a mid-size Software Development Company approached our firm to perform due diligence of its business model with a view to determine potential legal risks. The goal was to rectify the risks for efficient working of the company with minimum legal liability and strengthen intangible assets of the company for increased business valuation.
Deliverables:
(a) We filed two patents covering #IoT and #AI products developed by the client, thereby handholding the client from services to products.
(b) We filed trademark applications in six relevant classes covering all the business aspects.
(c) We drafted strong contracts to cover client's interest during project development transactions while providing services, hiring contracts to ensure best practices while balancing employer's and employee's interests, and fundraising documents (pitch decks, financial projections, term sheet and shareholders agreement) to bring an angel investor onboard.
#business #technology #patents #legal #strategy #investments
Software Patents in India - How to File a Patent Application
The document discusses various topics related to software patents, including guidelines for drafting software patent applications, conducting prior art searches, examples of granted software patents in India, and legal cases related to software patents in India. It provides an overview of the patentability of software inventions in India and clarifies that while software per se is not patentable, software innovations can be patented if they involve innovative hardware or system aspects. The document is intended to help inventors understand how to protect software innovations through the patent system in India.
Stages of Patent Process
What are the advantages of filing a patent?
A patent offers legal protection for new innovations and business ideas by securing the rights of the inventors. Drafting and filing of patent application is a comprehensive process involving identifying novel and inventive features of the invention, conducting a prior art search covering patent and non-patent literature, determining patentability of invention, drafting strong set of patent claims and writing detailed description of invention enlisting best mode of working, filing of patent application and complying with all applicable procedures, handling patent office objections by way of amendments and arguments, obtaining patent registration certificate, and paying the renewal fee to maintain the status of patent.
Patent attorneys are licensed by the patent office to solve patent related problems for the clients. Job of patent attorney begins from the initial stage of patent search, and continues till patent prosecution stage that includes regular interaction with the patent office to counter the objections raised by the patent examiner by way of patent office actions. Patent attorneys also manage international patent filings through network of foreign patent counsels that results in creation of a global patent portfolio. Patent attorneys also investigate potential patent infringement by third-parties, and work closely with clients in enforcing patent rights by way of cease and desist notices, patent oppositions, patent infringement lawsuits etc.
Patent Searching Guide - Conducting Patent Searches in Asia
Patent Searching Guide for Conducting Patent Searches in Asia - China, Japan, Korea, Singapore, Malaysia, India, Indonesia, Hong Kong - Patent Attorney for Filing PCT Foreign Patents
Internet of Things (IoT) and Connected Cars - Patent Landscape Highlighting T...
Smartphone patent litigations across the world gained traction during early years of influx of path-breaking devices, including the likes of Apple iPhone and Samsung series (S, Note, Galaxy etc.). Most of such lawsuits seem to have settled by now excluding a few that are still ongoing but the battlefront of patents in mobile technology has now shifted to a new sector, i.e. in-car technology facilitating connected cars via digital dashboards that represents one of the hottest categories among Internet of Things (IoT).
Going by technology trends, future of tech innovations strongly depends upon the Internet of Things, commonly referred to as IoT, which facilitates communication between everyday objects via Internet. Such communication is amplified and brought to consumer utility by the powerful smartphones, tablets and wearable devices.
Patent Strategy – IoT and Connected Cars
Companies working in technology sectors such as IoT and Connected Cars, which are capable of disrupting the industry, need to have a well-formulated patent strategy in place to tackle the associated challenges. First and foremost, it is crucial to analyse appropriate Freedom To-Operate (FTO) by reviewing scope of existing patents with a view to obtain product clearance and to avoid patent infringement. Secondly, validity of in-house patents has to be ascertained along with patentability analysis of in-house innovations. Lastly, a strong and enforceable patent strategy can be formulated if global patent landscape studies are conducted as innovations in the field of IoT and Connected Cars are spanned across multiple jurisdictions.
Patent Basics and Intellectual Property Rights
The document discusses intellectual property rights (IPR) and intangible assets. It provides examples of patents, including brief descriptions. It notes that intangible assets do not exist in the physical world but can be characterized, valued, owned, transferred, and monetized. Brand image, secret formulas, and user bases are identified as some of the most valuable intangible assets, often worth more than physical plants and servers. Patents, trademarks, and copyrights are described as key types of intangible assets that can build brands and provide legal protection.
IPR Protection for Hardware Startups - Patents, Trademarks, Copyrights and De...
Importance of patents and other intellectual property rights (Patents, Trademarks, Copyrights and Designs) for technology and hardware startups
Basics of Intellectual Property Rights for Hardware Startups
Considering the dynamically changing landscape of hardware products due to latest developments in technology and introduction of lean manufacturing methods, it has become feasible to launch a hardware startup that solves a real world problem.
However, while starting a business involving hardware as core product, adequate considerations must be given to issues related to Intellectual Property Rights (IPR).
IPR Protection for Hardware Startups - Patents, Trademarks, Copyrights and Designs from Rahul Dev, Advocate, Patent Attorney, Trademark Lawyer, India
Hardware vs. Software
While discussing intellectual property (IP) protection with regards to latest technological developments, most of attention is attributed towards software, especially software patent protection, subject matter eligibility with reference to latest court decisions, and copyright protection for software code. Whereas in case of hardware related products, IP protection is entirely different.
During the course of product development, hardware is different from software as software product development broadly includes the steps of working on the concept, developing the prototype, and evaluating whether the product is sellable or not. In contrast, hardware product development requires an additional step of evaluating whether it is feasible to manufacture the hardware product.
Prototyping and Crowdfunding
Subsequently, to evaluate if it is possible to manufacture the hardware, prototyping of the product is extremely crucial. However, it is a cost intensive process and hence, crowdfunding is a favourable option. Few famous crowdfunding websites include the likes of Kickstarter and Indiegogo. Kickstarter is a quick and easy way to turn ideas into reality, however, when it comes to IPR, crowdfunding sites are like a can of worms.
Exclusivity of Idea
One of the major issues of raising funds via sites like Kickstarter and Indiegogo is to ensure exclusivity of the idea. In case product is not exclusive, anyone is free to execute without obtaining any permissions from the original owner. Therefore, establishing ownership of product is must before initiating the crowdfunding process.
Design Registration
IPR protection for hardware is not limited to patents, and design rights act as an important ownership tool to protect the product. It is very common for competitors to copy the aesthetic looks of a product as consumers relate to products majorly based on the looks. For example, Apple vs. Samsung lawsuit in US was based on infringement of design patents, in addition to utility patents.
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The document provides an overview of patent filing procedures, strategies, and advantages in India. It discusses what a patent is, why patents are important especially for startups, the different types of patents, laws governing patents in India, the procedure and costs for filing a patent application in India, when it makes sense for startups to file patents, the differences between provisional and non-provisional patent applications, which territories to obtain patents in, how startups can ensure they are not infringing other patents, and advice for contacting the author.
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How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
Provisions related to Patent Damages as per US Patent Law
In accordance with the provisions of US patent laws (35 U.S. Code § 284 – Damages), section 284 states that a patentee is entitled to damages adequate to compensate for any infringement and that compensation cannot be less than a reasonable royalty for the use made of the invention by the infringer.
How to determine “reasonable royalty” damages?
In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages.
Standard Essential Patents (SEPs)
Technical standard across various industries are defined by standards organizations (SDOs) that can be patented by private companies to protect their research and development activities. Such patents relating to standardized technology may be used by patent owners to pressurize the market and create monopoly to prevent competition. Accordingly, the SDOs require their participants do disclose patents covering standards prior to adoption. SDOs further require the patent owners to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms.
However, FRAND terms have been core of various patent infringement lawsuits, specifically in the smartphone industry, wherein the industry standard covers core features of any smartphone, such as, for example, wireless connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like.
WiFi Standard Essential Patents (SEPs)
Patents Granted by Indian Patent Office in August 2014 - Overview
Indian Patent Office grants patent after thorough patent examination process and granted patents in India are published by the patent office every Friday by way of Indian Patent Office Journal.
Here is a brief overview of patents granted by the patent office in August 2014
Elon Musk Has Promised Not To Enforce Tesla Patents - Here Are 5 Similar Exam...
The document discusses 5 examples of companies that have freely licensed their patents:
1. In 2014, Tesla announced it would not enforce its patents in an effort to promote the electric car industry.
2. In 2000, Syngenta Seeds AG granted a free license for its Golden Rice patents to encourage development of vitamin A-enriched rice.
3. In 2002, Boehringer Ingelheim granted a 5-year license for its HIV drug patent to Aspen Pharmacare.
4. In 2009, Alnylam and GSK each freely licensed over 1500 and 800 patents, respectively, related to neglected tropical diseases.
5. In 2010, HP licensed 3 battery recycling patents to a common
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pharmaceutical patenting in india, product patent in pharma, india pharmaceutical patent law, pharmaceutical patent cliff, pharmaceutical patent litigation, pharmaceutical patent lawyer, pharmaceutical patent expiry, pharmaceutical patent length, pharmaceutical patent expirations
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Rahul Dev is a recognized industry expert in Intellectual Property, Patent Strategy & Technology Consulting. He assists clients in formulating profitable and sustainable Patent & IP Strategy for international business.
As a Patent Attorney & Business Lawyer, he is invited to speak at various International events, News Channels, National & International Conferences, Workshop for CEOs, Govt. Events.
He is an active blogger & his views have been published by International Publications, Economic Times, Law Journals, Tech Magazines, Digital News Networks.
International Law Firms, Executives from Technology Corporations, Investors, Entrepreneurs & Startups worldwide (US, EU & Asia Pacific) consult him on Patents, Trademarks, Intellectual Property Rights, Product Strategy, Technology Development, Corporate & Securities Law, Technology Ventures, Financing, Fundraising and International Business Advisory.
He works closely with patent attorneys worldwide for patent drafting, prior art searches & patent research (analytics), in field of Software Patents, Wireless Communications Patents, Mechanical Patents, Medical Devices, Healthcare, Life Sciences & Genetic Engineering Patents.
He serves as SME & Startup Mentor @SMBconnect.in & visiting faculty at Global Institute of Intellectual Property (GIIP).
His qualifications are BS, MS, MBA & LLB (JD).
He is member of Bar Council of India, Delhi Bar Council, Indian Patent & Trademark Office, Delhi High Court Bar Association.
In past, Rahul has worked with Amarchand Mangaldas, largest Indian Law Firm.
As a business savvy technology lawyer & strategic patent attorney, he serves as:
✈ Founder & Director, Tech Corp International Consultants (Singapore), APAC Technology, Business & Management Consulting Company
✈ Founder & Partner, Tech Corp Legal LLP, Indian law firm (BioCorpLegal & CyberCorpLegal Services)
✈ Closely associated with two international patent law firms (US, Asia)
Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement
Analysis of online website terms and conditions of use between amazon flipkar...
Website and online terms and conditions at reasonable fixed price from Indian Web lawyer| Internet Cyber Lawyer in India
Details: http://wp.me/p2PCVq-NS
Website terms create a binding contract between the buyer and the seller
Although the terms are drafted to secure seller’s interest, consumer rights shouldn’t be ignored
Businesses should also take strict measures to protect their own intellectual property rights by filing appropriate copyrights, trademarks, patents and design protections both domestically and internationally, which ensures strong brand protection in the digital world.
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The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
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To know more visit: https://www.saini-law.com/
Receivership and liquidation Accounts Prof. Oyedokun.pptx
Receivership and liquidation Accounts Prof. Oyedokun.pptxGodwin Emmanuel Oyedokun MBA MSc PhD FCA FCTI FCNA CFE FFAR
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
在线办理(SU毕业证书)美国雪城大学毕业证成绩单一模一样
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Genocide in International Criminal Law.pptx
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
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Training aid for law enforcement officers related to search warrants, the requirements needed, drafting, and execution of the search warrant.
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