This article needs additional citations for verification .(March 2009) |
An intellectual property broker mediates between the buyer and seller of intellectual property (IP) and may manage the many steps in the process of creating a deal with regard to the purchase, sale, license, or marketing of intellectual property assets. This may include: patents, trademarks, or inventions (prototypes).
Inventors are faced with several alternatives to making their invention a commercial success. They can build their own start up company from scratch using their own resources. In the United States, they can seek government grants; SBIR (Small Business Innovative Research) and (TTR) Technology Transfer Research to fund the early stage development of their technology. They can contract with third parties such as: venture capital or angel investors to finance a startup or they can sell or license their products to an existing and established company. Often inventors are interested in expanding their own intellectual property assets through licensing and acquisitions.
Because there is not a well defined market around the buying and selling of patents or other IP assets, if an inventor or patent owner wants to monetize their asset, an intellectual property broker can help by serving to connect the inventor or patent owner with one or more interested buyers. The broker should have a network of connections in various market segments which can be used to help market the patent being sold. Potential buyers may include industry peers, competitors, entrepreneurs looking to commercialize the technology, but also defensive patent aggregators, and patent licensing companies.
A competent broker should be able to explain to the inventor or patent owner the spectrum of values that may be assessed to a patent depending on the situation or motivation of the buyer in the market. In addition, in bringing buyers and sellers together, an intellectual property broker may provide any or all of the following services: [1]
The estimated number of patent brokers varies greatly. For example, a 1999 World Intellectual Property Organization WIPO paper estimated 500 "patent brokers" in the United States in. [2] However, an October 2015 listing of patent brokerage companies includes only about 57 businesses worldwide. [3] As none of these firms have a large number of employees, the 1999 estimates are either wrong as the number of businesses operating as patent brokers does not match the 1999 patent brokers estimates, or there has been a significant decline in the market for patent brokerage. Further research is required to estimate the number of patent brokers.
The estimated size of the brokered patent market was $290 million in 2020, down from $300 million in 2019. [4] It was estimated that of all the brokered patent packages brought to market only 21% of them sell. Average asking price per patent asset was $197K in 2016. 137 people were estimated to be employed in the brokered patent market. [5]
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights.
The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.
Technology transfer (TT), also called transfer of technology (TOT), is the process of transferring (disseminating) technology from the person or organization that owns or holds it to another person or organization, in an attempt to transform inventions and scientific outcomes into new products and services that benefit society. Technology transfer is closely related to knowledge transfer.
A real estate agent, referred to often as a real estate broker, is a person who represents sellers or buyers of real estate or real property. While a broker may work independently, an agent usually works under a licensed broker to represent clients. Brokers and agents are licensed by the state to negotiate sales agreements and manage the documentation required for closing real estate transactions. Buyers and sellers are generally advised to consult a licensed real estate professional for a written definition of an individual state's laws of agency.
Industrial property is one of two subsets of intellectual property, it takes a range of forms, including patents for inventions, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of an intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.
In lending agreements, collateral is a borrower's pledge of specific property to a lender, to secure repayment of a loan. The collateral serves as a lender's protection against a borrower's default and so can be used to offset the loan if the borrower fails to pay the principal and interest satisfactorily under the terms of the lending agreement.
Business brokers, also called business transfer agents, or intermediaries, assist buyers and sellers of privately held businesses in the buying and selling process. They typically estimate the value of the business; advertise it for sale with or without disclosing its identity; handle the initial potential buyer interviews, discussions, and negotiations with prospective buyers; facilitate the progress of the due diligence investigation and generally assist with the business sale.
Patents are legal instruments intended to encourage innovation by providing a limited monopoly to the inventor in return for the disclosure of the invention. The underlying assumption is that innovation is encouraged because an inventor can secure exclusive rights and, therefore, a higher probability of financial rewards for their product in the marketplace or the opportunity to profit from licensing the rights to others. The publication of the invention is mandatory to get a patent. Keeping the same invention as a trade secret rather than disclosing it in a patent publication, for some inventions, could prove valuable well beyond the limited time of any patent term but at the risk of unpermitted disclosure or congenial invention by a third party.
Intellectual property assets such as patents are the core of many organizations and transactions related to technology. Licenses and assignments of intellectual property rights are common operations in the technology markets, as well as the use of these types of assets as loan security. These uses give rise to the growing importance of financial valuation of intellectual property, since knowing the economic value of patents is a critical factor in order to define their trading conditions.
Fish & Richardson P.C. is a global patent, intellectual property litigation, and commercial litigation law firm with more than 400 attorneys and technology specialists across the US and Europe. Fish is active in both patent litigation and patent prosecution services among Fortune 100 companies. Fish has been named the #1 patent litigation firm in the U.S. for 12 consecutive years.
Scams in intellectual property include scams in which inventors and other rights holders are lured to pay money for an apparently official registration of their intellectual property, or for professional development and promotion of their ideas, but do not receive the expected services.
Intellectual property valuation is a process to determine the monetary value of intellectual property assets. IP valuation is required to be able to sell, license, or enter into commercial arrangements based on IP. It is also beneficial in the enforcement of IP rights, for internal management of IP assets, and for various financial processes.
The following outline is provided as an overview of and topical guide to intellectual property:
Intangible asset finance, also known as "IP finance", is the branch of finance that uses intangible assets such as intellectual property and reputation to gain access to credit. Like other areas of finance, intangible asset finance is concerned with the interdependence of value, risk, and time.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
A patent privateer or intellectual property privateer is a party, typically a patent assertion entity, authorized by another party, often a technology corporation, to use intellectual property to attack other operating companies. Privateering provides a way for companies to assert intellectual property against their competitors with a significantly reduced risk of retaliation and as a means for altering their competitive landscape. The strategy began with a handful of large operating companies. In April 2013, a group of technology companies asked the U.S. Department of Justice and the Federal Trade Commission to investigate the privateering strategy as an impediment to competition.
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets is governed by the principle.
Avanci is an operator of patent licensing platforms established in 2016 in the information and communications technology (ICT) space and more specifically in the Internet of things (IoT) and broadcast spaces. By licensing patents from multiple owners under a single agreement, Avanci provides licenses to standardized technologies for manufacturers in the IoT and broadcast industries. The company is based in Dallas, Texas, operating through offices in Dublin, Beijing, Tokyo, and Seoul.
{{cite web}}
: CS1 maint: multiple names: authors list (link){{cite web}}
: CS1 maint: multiple names: authors list (link)