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Patent monetization refers to the generation of revenue or the attempt to generate revenue by a person or company by selling or licensing the patents it owns. Some of these owners try to make money from patents on inventions they develop, manufacture or market.
Shop right, in United States patent law, is an implied license under which a firm may use a patented invention, invented by an employee who was working within the scope of their employment, using the firms' equipment, or inventing at the firms' expense.
Reasonableness is determined by the standard practices of the particular industry most relevant to the invention, as well as any other relevant or similar royalty history of the patentee. Lost profits are determined by a "but for" analysis (e.g. "My client would have made X dollars in profit but for the infringement of the client's patent.")
A 4% royalty on sales value for a 5-year period of the license, together with a lump-sum payment of $32000 (risk-free income) on execution of the license is then the 'asking price' in the example. The TTF of this projection is 2.6, implying that for every dollar of royalty paid, the OP to the licensee enterprise is multiplied by this factor.
Assign rights to a subject invention only to an organization having as a primary function the management of inventions, unless approved by the Federal agency; Share royalties with the inventor; Use the balance of royalties after expenses for scientific research or education; Make efforts to attract, and give preference to, small business licensees.
The term "cross licensing" implies that neither party pays monetary royalties to the other party, although this may be the case. For example, Microsoft and JVC entered into a cross license agreement in January 2008. [3] Each party, therefore, is able to practice the inventions covered by the patents included in the agreement. [4]
The survey was performed in 2003. 9000 patent owners responded. The patent owners were asked how much effort was required to produce their inventions and how much monetary value their patents had been worth. The median effort to create the patentable invention was 1 person-year, with 10% of the patent owners requiring 2 or more person-years.
Offensive patent aggregation – purchasing of patents in order to assert them against companies that would use the inventions protected by such patents (operating companies) and to grant licenses to these operating companies in return for licensing fees or royalties. Open patent – patented invention that can freely be distributed under a ...