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Kamis, 03 September 2015

How Much Is My Patent Worth

By Kenya England


Patents are complex. It costs much to appraise one because of many details involved. Input from advisers and lawyers with certain experience and technical knowledge is mandatory. The valuation teams will vary from one case to another but it follows that those involved need to understand the situation before going ahead with the task. A discussion on how much is my patent worth is given below.

You have to determine first if the patent can be enforced. It would be useless to value unwarranted invention. The maintenance fee on the same should be updated. Otherwise, it will be worthless to pursue the case. The context is important too. The circumstances of engagements made for the valuation can have an immense impact on the outcome. A plaintiff can start a lawsuit leading to infringement.

The necessary information has to be gathered. A copy of the application letter on the discovery is mandatory. In addition, independent appraisals, financial statements, marketing studies and business plans must be supplied. If there are litigations which have been put forth related to the discovery they need to be disclosed too. Licensure agreements are also needed. In case there were promotions or adverts put forward in the previous which are closely related to that innovation, copies of them should be supplied.

Having a strong valuation team increases the chances of success in this application process. The team should have an economics patent valuator and an attorney who has experience dealing with such cases. Technological knowledge is key too and it would be better if those involved understood monopolies. Valuation skills are a must. If the people handling the case had handled similar ones before and got good results, then it is a bonus.

Having facts on the matter you are presenting is important for it to end well. Otherwise, you will fumble with words if you are not aware of the details in the invention. If the valuator cannot spare time to read the document, he or she at least conduct interviews with someone who has read it. The best person to engage in the interview process is the attorney. Details on the author, title, serial number and transfer of ownership are the basics.

The outline on how the invention will be protected is very vital. The claims in this document are similar to those in property ownership. The citations are very important. It is the author who should consent the discussions. If the related inventions had involved litigation for them to be approved, then the details of the lawsuits should be reviewed to determine the chances that the patent will be infringed or declared invalid.

Inquiries on the validity of the document are crucial. Court cases lower the value of this particular invention. If the person presenting it for approval is not the author, then it automatically becomes invalid. In addition, if the person had tried to sell it prior before submitting it for application then there is no chance that is will be approved.

Do not imagine that just because the invention is good you will get the chance to put it into practice immediately. If it affects negatively the life of a person, it is likely to be denied. This is something to be researched on before going ahead with the application process.




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