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Topic: Average time to negotiate an IP license? (Read 894 times) |
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M. Arthur Auslander
Full Member
I love YaBB 1G - SP1!
Posts: 541
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Re: Average time to negotiate an IP license?
« Reply #5 on: Apr 24th, 2004, 6:16am » |
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The tough part is to find someone that is worthwhile to negotiate with.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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Kelly Cowan
Guest
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Re: Average time to negotiate an IP license?
« Reply #6 on: Apr 29th, 2004, 9:30am » |
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Thanks for all the responses.
The people on techno-l were quite helpful, it just took a while to get properly subscribed to the list. The easiest thing is just to send an email to:
techno-l-subscribe@lists.uventures.com
There are definitely a large number of factors influencing the length of time this process takes for either government agencies, universities, or private industry. I also agree that getting someone who is serious and ready to negotiate is important, since I have heard of some people who try to just keep coming back and doing a little negotiating every 6 months.
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eric stasik
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director, patent08
Posts: 391
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Re: Average time to negotiate an IP license?
« Reply #7 on: Apr 29th, 2004, 11:03pm » |
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Dear Ms Cowan,
on Apr 29th, 2004, 9:30am, Kelly Cowan wrote:| I also agree that getting someone who is serious and ready to negotiate is important, since I have heard of some people who try to just keep coming back and doing a little negotiating every 6 months. |
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This is actually rather common due to the need for notice in the US. If a patentee does no manufacturing and has no product to mark, US law requires that she provide actual notice to an infringer before damages begin to accrue. "Actual Notice" is either a carefully worded letter identifying the patent, the accused product and making a charge of infringement - or filing a lawsuit.
Patent owners who are beginning a licensing program thus have an incentive to give notice as early as possible - often long before they are really ready to pursue a license discussion. Once the damage clock is ticking, some of the urgency is removed.
It would be a mistake, however, to interpret the delay as a lack of seriousness on the part of the patent holder. It may rather be an indication that the patent holder knows exactly what she is doing.
There are also necessary delays on the part of the potential licensor to evaluate the patent claims, search for prior art, investigating design around options, etc. Few people will sign on the dotted line without thoroughly investigating their options and these things take time.
Kind Regards,
Eric Stasik
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eric stasik
director
http://www.patent08.com
patent08
patent engineering,
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and licensing services
postbox 24203
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