Points to note to avoid mistakes
Common mistakes and causes
What successful cases of patent transactions have in common is advance preparation and accurate valuation. On the other hand, the following reasons are pointed out in failed cases:
Reason for failure
- Lack of expertise: Insufficient knowledge of the patent content and applicable industries
- Insufficient evaluation…Patents need to be evaluated against multiple criteria, including technical strength, legal strength, likelihood of infringement, applicable industry, and the benefits of purchasing the patent in that industry.
- Poor negotiation skills: unable to understand the needs of the seller and buyer and incorporate them into negotiations
When selecting an intermediary, it is important to keep these failure reasons in mind and to conduct thorough research and comparison, focusing on their track record, expertise, and the quality of the services they provide. After selecting an intermediary, it is also important to communicate clearly and openly with them about all patent-related issues, such as your needs, existing licenses, and restrictions on the type of company of the buyer or seller.
Checklist to avoid mistakes
In order to avoid failure in patent sales transactions, it is important to check the following points in advance.
1. Extensive patent review
A patent broker must thoroughly review the entire patent portfolio that is being sold or purchased to ensure that the portfolio is sold for maximum value.
2. Reliability of the intermediary
By selecting a broker with a proven track record and expertise, you can expect a smooth and accurate transaction.
3. Clarification of contract contents
In a sales contract, it is important to clearly state the conditions for transfer of rights, payment terms, and means of resolving disputes in the event of a dispute.
4. Trustworthy relationships with intermediaries
Successful patent transactions require confidential information to be shared with intermediaries, including information about existing patent licenses and potential infringement. Intermediaries must negotiate with patent owners how to share enough information to meet the other party’s needs while protecting the confidentiality of their client’s information. This requires a relationship of trust between clients and intermediaries.
By taking these checkpoints into consideration and making preparations in advance, it is possible to reduce the risk of failure in patent transactions.
If you are considering selling, purchasing, or licensing a patent, please contact P. J. Parker & Co. Our experienced patent brokers will support you in achieving a win-win patent transaction for both you and your business partner.