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Generally, people are interested in intellectual property valuation when a transaction is imminent. The business may raise capital, sell, license, or enter into a collaborative or joint venture arrangement. We offer you a few tips that will help you take proactive steps now to increase the value of your IP over time.
1. Make sure every employee knows
and understands the value of IP.
The first step toward
maximizing the value of your intellectual property is capturing it, or, in
other words, making sure it does not flounder from the beginning.
2. Choose the most appropriate protection
for key products or services.
Decide what type of intellectual property valuation would
best protect your product or technology. Patents protect functionality, but you
can keep something as a trade secret if you act affirmatively. Consider any competitive
advantage.
If your business is more
service-oriented, ensure that:
● Protected your brand name, logo, and jingle
● Written up your procedures with appropriate
copyright statements.
● Put enforceable restrictions and confidentiality
clauses on the key staff.
If you are working with
software, ensure you have access to the source code and own the rights to the
software.
3. You must identify the
strategic priority that each IP item serves.
Spend your money on the
most important things to your business strategy. Your IP spend should be
focused on items that will help you succeed long-term. Verify that you are not
spending money on IP that is no longer relevant in your portfolio.
4. Plan your IP filing strategy
properly for the next 3-5 years.
It is imperative to have
a clear understanding of your IP filing strategy's 3-5 year cashflow
requirements from the start and make provisions to ensure there is free cash to
match those expenses.
5. Prepare your IP for due
diligence now.
It is time-consuming,
distracting, and often costly to carry out due diligence. By undertaking due
diligence now, you will be better prepared for future transactions, eliminating
value-destroying issues before there is a team of lawyers on your case and
giving yourself time to remedy them.
6. Any time you hire third
parties, ensure a written agreement that specifies IP ownership.
Different types of IP
rights have different ownership rules. Every country and each IP right has its
rights of co-ownership. A patented invention can be used without accounting for
other co-owners, but the co-owners cannot sell or license the invention without
their consent - that's a handbrake! Joint IP ownership usually destroys value.
7. Develop strategies that will
reduce the risk of your IP quickly.
As you lower the
associated risks, your IP value increases. They include legal, development and
market risks. One market can serve as a signal for other needs. Your potential
collaboration partner has little idea whether your patent will be granted or
what the claim scope will be.
8. Be mindful of rights to slice
and dice
While doing intellectual property valuation, patents
can be split in several ways: the right to make, sell and use a patented
article can all be licensed separately. One can also license these rights to
different people for different applications or fields.
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