We are a leading patent brokerage firm with close to 3000 patents successfully brokered since our inception. Because of our reputation within the industry as the “go to” brokers, both operating companies and intermediaries contact us regularly when looking to either acquire patent portfolios or divest their existing assets. This gives us a unique insight into both market trends and specific technology areas of interest. We include below our guidance for improving the value of a patent portfolio with the goal of monetization. If your patent portfolio meets the following guidelines, please complete our intake document and we will provide a complimentary review of the portfolio for potential brokerage.
Patent Portfolio Criterion: (Please read all guidelines prior to submitting the intake form)
The portfolio must contain at least two issued (or allowed) US patents. There is currently no market for single patent portfolios. Furthermore, a “Patent pending” rarely sells as your rights are still unknown (i.e. claims are still under negotiations with the USPTO).
The patent(s) should be practiced by the industry. Patents are a right to exclude others from using an invention. As a result, they sell primarily for their assertion value and the presence of potential infringement by others in your industry is a key factor. If you do not believe anyone is practicing your patent(s) after doing a thorough search, then no one probably is. If you do not know how to search for this information, we can do it for you for a fee, as this requires several hours of work form our highly skilled technical experts.
The shorter the main patent claim(s), the better. They form the basis of your monopoly and the fewer limitations they contain, the broader your protection. Longer claims usually contain additional limitations that make it easier for others to design around and thus avoid infringing the claim.
The larger the patent family, the better. Single patents are almost impossible to sell as the rate of invalidation of challenged patents in courts is relatively high (about 70%). A patent family is comprised of patents that are either Continuations, Continuations in Part (CIP) or Divisionals of a parent patent, meaning they all point back to the original patent you filed and simply contain additional claims.
It is preferable to have at least one pending Continuation (or CIP or Divisional) of an US issued patent still active. By keeping the initial application alive, buyers may continue to obtain new claims tied to the original invention (and priority date).
Filing Date matters and the earlier the filing date of the patent, the better. All other things being equal, a patent filed in 2000 is more likely to be construed broadly and less prone to be invalidated by prior art than a more recent filing. At the same time, any patent that is about to expire (i.e. less than 2 years of term) is going to lose much of its value on the secondary market.
Foreign counterparts are preferred and add country specific coverage for the technology. Buyers prefer to see asset coverage in several major markets. This is particularly important when the buyer is an operating company. The most important countries in this regard are currently Germany and China.
Maintenance Fees must be current and the patent in force. All maintenance fees much be paid for up to and during the sales process. Patents that have been abandoned for any reason or are about to expire rarely sell.
If your patent portfolio meets the aforementioned guidelines, please submit using the Intake Questionnaire and return to firstname.lastname@example.org. All information provided will be treated confidentially and will not be shared outside of our organization.