For the inventor to make money, he must either license his patent, sell the patent, or manufacture the patented invention and sell it on his own. But the earlier you realize and accept that you should pull the plug, the easier it will be. For more information about how much can I sell my patent for, contact a patent attorney or patent agent to assist you with evaluating the value of your patented invention or product. Under U.S. law, you cannot patent an idea. 1. All written documents relating to your patent should identify it by its number and the date the patent was issued, along with the name of the inventor and the official title of the invention. Now, if you have a patented product or invention that is already for sale, you might be able to sell your patent at a higher price if your product sells well in stores. Selling a trademark. But what steps should you take once you've made the decision to sell that patent? When Does the Right to Enforce Patent Protection Begin. Are these patents better than the competitors? Thank you for subscribing to our newsletter! The patent or patents at issue become a topic of discussion, and the prospective purchaser may decide that buying your portfolio outright is the easiest way to move forward with the transaction. "All this information has helped me tremendously! Include the ability to have an accounting firm perform audits periodically to ensure you're receiving the royalties due to you under the licensing agreement. This is required by federal law and your assignment could be invalid if this information isn't included. Unlike an assignment, a license doesn't have to be recorded with the USPTO since it doesn't transfer any ownership interest. If you've got entrepreneurial zest and some advertising and marketing abilities, you may contact corporations directly. Find out the value of your patent, either by researching sales of similar products or by utilizing a patent attorney that specializes in your specific type of invention. If it is exclusive, you are granting the licensee sole rights to take a particular action regarding your patented invention, usually only for a specific period of time or in a particular geographic area. By using our site, you agree to our, United States Patent and Trademark Office, U.S. government agency responsible for registering and protecting patents and trademarks, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/5\/56\/Market-a-Product-Step-14.jpg\/v4-460px-Market-a-Product-Step-14.jpg","bigUrl":"\/images\/thumb\/5\/56\/Market-a-Product-Step-14.jpg\/aid1181558-v4-728px-Market-a-Product-Step-14.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"
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\n<\/p><\/div>"}. With good research and a viable product, you just may be able to turn that patent into a moneymaker. Friends and neighbors can. Make sure you include provisions for advance payments, royalty percentages, and infringement issues. License Your Idea. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. Many inventors selling their patents outright, and take their earnings and use them to finance new inventions. Although full assignments that switch 100 percent of a possession in a patent are widespread, you can also transfer just a portion of the possession. One way that inventors seek to profit from their patent is by selling them. How to Sell Your Patent - YouTube Include a paragraph or two in your letter that explains how your background or education helped. If you decide it's in your best interest to sell a patent, it's important to know the legal and financial aspects of the deal. . While working with personal contacts is ideal, many patent holders do not have the network to be personally introduced to executives. Like selling a patent, licensing usage rights is no guarantee of financial riches. How to Sell Your Patent Using a Trojan Horse Approach Published On - June 1, 2023 John Cronin In the cutthroat world of invention and innovation, having your own patent can be a useful weapon to have in your arsenal. Pros for Selling Your Patent Even though many patents are granted each year, not all of them end up panning out into a smart financial investment. For example, if a patent is owned by two people, one of those owners can assign 100 percent of his ownership interest to someone else. How to Sell a Patent: Everything You Need to Know 2. Find a buying who is interested in buying your patent is the most difficult and time-consuming part of selling your patent. A key part of deciding what to do with the money after the sale of your business is understanding your risks and options. Often, however, the inventor discovers that just because they desire a certain product or feature, doesnt mean everyone else in the world does, too. It may also be worth considering an independent audit of your financials to help give buyers confidence. Finance your invention by soliciting partners to provide capital required to launch the product. Offering a partnership arrangement allows you to engage with procurement and product development teams, very similarly to the JV approach. However, simply owning a patent won't generate a dime for the inventor. It grants you ownership to an invention and excludes others from using it.4 min read. If you need help with selling a patent, you can post your legal need on UpCounsel's marketplace. Find out more about how to see if someone has patented your idea. Providing for yearly minimum payments, or requiring royalty percentages to escalate each year, is a contractual way to give the licensee incentive to market and distribute your product aggressively. Selling a patent is usually not feasible unless and until you have actually built a prototype. Attend trade or invention shows where you will encounter companies or individuals interested in your product. Understand the numbers. At the same time, you should thoroughly research whether someone else has already executed your idea through the, United States Patent and Trademark Office. This information is readily available online at the United States Patent and Trademark Office (USPTO) website. Some languish so long that their patent expires. They keep an idea under lock and key because they see it as something precious. The time has finally come: you're ready to sell your business. How to Patent an Idea: 5 Easy Steps to Complete. RPX delivers guaranteed value today for your patent assets with lower transaction costs for both buyers and sellers of patent assets. 5. Your invention has to bring something new and unique to the table, or it cant get a patent. How to Sell a Patent: Everything You Need to Know - UpCounsel In planning for the sale, get your team of business and personal advisors in place ahead of time. Share it with your network! During that time, there's a lot that can go wrong, so keep focus and be careful not to pre-spend anticipated proceeds or mentally retire before the finish line. Eliminating the production and startup costs if you were to manufacture the item yourself. Brokers will market your invention to producers, sometimes taking a share of royalties for their services as soon as the patent is utilized. the procedure to sell or license (commercialize) a patent in US. One of the most important lessons Ive learned throughout my career is how not to be a selfish inventor. Consider hiring an intellectual property to assist you with drafting your agreement. The Pros and Cons of Selling Your Patent 3. Having spent several years and hundreds of thousands of dollars working on an invention I eventually had to shut down, I know how painful this process can be. Recording the project within the patent file permits a brand-new proprietor to make a motion for any patent continuing, corresponding to submitting apatent infringementlawsuit. You can grant an exclusive license to one company or several companies. Alternatively, sign on with a broker to market your patent, but be prepared to pay them a percentage of your royalties for their work. Youll need to decide whether or not the license will be unique or non-exclusive. Corporations determine the value of the underlying invention outlined within the patent. Licensing the right to make, use, or sell your product is usually the most profitable route for inventors. Whether you're ready to retire or just move on to a new venture, here's a primer on how to sell your business. If you have an invention and you are sure that you can profit from it, it makes good sense to patent it because, without a patent, someone else can steal your idea, patent it, and keep you from using the invention or profiting from it. The story of the Trojan Horse originates from the end of the Trojan War, when the Greeks, in an attempt to deceive the city of Troy and win the war, presented them with a large wooden horse as a gift. Time is money, especially for patent sellers. The information that Patent Rebel provides on this website does not and is not intended to serve as legal advice. This is the first of two videos on the basic method for marketing your invention. But there's no sense in spending time on options that don't align with your objectives or financial needs. Ensure that your strategy is geared . References. During my law school years, I studied intellectual property law and took courses in patent law, trademark law, and copyright law. Here are a few career-boosting concepts new inventors can learn from my mistakes, so they dont have to learn the hard way. Your patent is just a starting place. I believe new inventors should understand how to sell a patent from start to finish, from the very onset of their creative undertaking. Months of tinkering and experimenting have turned your idea into a viable product. How important is it that the brand continue? Because of the potential of the patent, the M&A team might suggest purchasing just the patent rather than the entire company. 5 Essential Steps to Selling Your Patent - InQuartik Whenever you grant a patent license, you successfully agree that you will not sue the licensee for patent infringement so long as they function throughout the agreed-upon limitations of the license.