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   Author  Topic: What's it worth?  (Read 674 times)
Faron
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What's it worth?
« on: Apr 22nd, 2006, 3:49pm »
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I have a question concerning patent evaluation. I know this question has been asked before, however this question is a bit outside of that scope. I will attempt to lay out the question.  
 
 First,  During the patent search, conducted by a repretable law firm that is listed as a registered agent by the USPTO, the search returned no prior art infringements to my idea. Quoting a representative of this firm, "Your good to go, you have a clean slate."  
 
 Second, the idea is a very simple, yet non-obvious idea.  
Several corporations have reviewed it and agree that it is a sound concept. Several of these companies' patent attorneys have also stated that there is a 95% chance the patent will issue. These same companies have decided not to enter into any agreement until at least the notification of allowances are returned by the USPTO, so they may better guage the enforceability of the patent. Due to the simplicity of the idea. Which is understandable.  
 
 Third, the idea effects a worldwide market directly. It will most likely change this market and increase it's value. It will also influence various other markets and increase their values as well, however indirectly.  
 
 So the question is, if you have an idea that does not infringe on any other patents, does effect a worldwide market and will possibly increase that markets value, and will indirectly effect various other markets and increase their value, how can you evaluate it's worth?  
 
Thanks  
 
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eric stasik
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Re: What's it worth?
« Reply #1 on: Apr 22nd, 2006, 4:42pm »
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Faron,
 
It is important to remember that, in general, a patent gives its owner the right to exclude others from making, using, and selling the patented invention in the countries where the patent is obtained. It is a right to exclude others: that's it.  
 
The value of a patent is thus directly related to the market for the invention. If no one is interested in making, using, or selling the invention, the patent has no value. For example, a patent on a drug that is neither effective, nor safe, has no value even if the invention is very innovative and the prior art a "clean slate."
 
On the other hand, the value of a patent on the cure for cancer would be very great indeed even if the invention was an improvement on the aforementioned patent which was prior art.  
 
As a practical matter, the value of a patent is a percentage of the value of the total business plan.  
 
A successful business plan is usually based on several competitive competencies and competitive advantages. The patent provides "security" for the technical competitive advantages of your business plan. Value it accordingly.  
 
Regards/Eric Stasik
« Last Edit: Apr 22nd, 2006, 4:50pm by eric stasik » IP Logged

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Re: What's it worth?
« Reply #2 on: Sep 16th, 2006, 6:42pm »
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Faron:
 
Getting a patent issued is one thing, and making it profitable is another depending upon what the market value of the claimed invention would be.
 
There are many factors that could affect the market value.  
 
Maybe you would want to be more diligent to get your idea patented and/or exposed to more companies for their potential interests, sucess of which would be a direct indicative of market value "licensing".  Then have companies offer you their terms, which would be indirect indicatives of market value.
 
 
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