DETERMINE THE VALUE OF A PATENT

Patent lawyer
Categories: Asma Raza

A patent is a form of intellectual property that gives the owner the right to exclude others from making, using, or selling an invention for a limited period of time when a publication that enables an invention is published. In most countries, patent rights are governed by private law, and the patentee must sue someone who infringes the patent to enforce their rights. In some industries, patents are a major form of competitive advantage; in others they are irrelevant.

There are several ways to determine the patent value. The main focus is on the benefit: Has the market adopted the invention? What profit margin does it protect? What function, improvement or efficiency does it offer? How much does it cost to design around it? These are actual dollar amounts for individual companies or markets.

Since a patent is an exclusive right, it does not necessarily entitle the patent owner to exploit the invention to which the patent relates. For example, many inventions are improvements over previous inventions that may still be covered by others’ patents. When an inventor is granted a patent for improvements to an existing invention that is still patented, he may only lawfully use the improved invention if the patent owner grants permission to the original invention, which he can refuse.

Then there are the intangible assets: who can it be used for? What are you saving? Does your portfolio cover our products? Are you difficult Are they voluntary and reasonable? Maybe it’s more useful to someone else?

In legal cases, theories include fair rights, sales, lost sales, profit, lost profit, stubbornness, etc. Demonstrate the utility of the invention. (except maybe some aspects of the price). Rather, we are talking about harm to the patentee from the infringement and the risk to the accused. These are the costs of the system.

In a perfect world, reasonable parties would meet, discuss problems and find a just solution. It’s not a perfect world. Negotiations have been suspended. Litigation costs are high, and courts or legal threats are often used to demand negotiations. The system has learned that aggression is beneficial. There is a high floor for an unreasonable party.

If the perceived and actual damage deviates from the utility of the inventions required in the patent, the results confirm any bias. Patent holders take the value of their patents seriously. The accused authors ignore the confirmation letters. You control every area and the company (through lobbyists or maps) declines.

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