Intellectual Property

New Legal Rules May Benefit Patent Market

The “marketplace” for intellectual property, and patents in particular, is represented in commercial licensing and sale transactions as well as by an award of reasonable royalties in the courts. Since the passing of the American Invents Act (AIA), there has been significant change in both segments as patent owners and counterparties seek to digest changing conditions. The rigors of the legal process make it even more difficult for the judicial market to adjust as the process for assessing value follows a process which is not easily amenable to change.

2015 IP Market Forecast: Innovation Management

In our introductory video on Ocean Tomo’s 2015 IP Market Forecast, I discussed ten insights that played crucial roles in our 2015 plans. Today’s video focuses on how we plan to address two of those observations: Business Focused Patent Prosecution and Outsourced Research & Development (R&D) Collaboration.

Patent Transactions – A Changing Marketplace

For more than a decade, transactions of patent assets have been characterized by declining pricing trends on a per asset basis, and this downward pressure on price continues today.  Data collected by ThinkFire on patent transactions that took place between 2002 and 2008 reveals a higher median but a lower average cost per patent family in 2008 as compared to the overall period covered in the study.  This was due to two primary reasons: (i) a number of patents in 2008 were transacted at prices substantially lower than the 2002-2007 average and (ii) 2008 saw a higher frequency of de

IP-Backed Financing on the Rise

Intellectual property (“IP”) may not be thought of as the most obvious asset used as collateral in security-backed financing, but it has existed since the late 19th century. Famously, Thomas Edison used his patent on the electric light bulb to secure financing to start General Electric. Traditional asset-backed lending is meant to provide businesses with immediate funds and potentially ongoing capital based on a percentage of the value of the company's tangible assets, such as buildings and inventory.

IP Marketplace 2020 and Beyond

Last week provided me with a special opportunity to address the global IP team of a Fortune 500 multinational telecommunications company at their bi-annual strategic planning meeting. I was scheduled for the post lunch address in the middle of the four day event that had more than two hundred company participants, Chaired by the company CIPO. My invitation was to share Ocean Tomo's long-range view of the IP marketplace extending to 2020 and beyond.

Ocean Tomo to Re-enter Live Intellectual Property (IP) Auction Market

Next Generation Ocean Tomo Live IP Auctions Enhanced by Telepresence Participation to Serve Global Patent Acquisition Community

At the Licensing Executives Society (LES) Annual Meeting this morning in San Francisco, Ocean Tomo CEO Jim Malackowski and Ocean Tomo Managing Director James Trueman announced Ocean Tomo’s next generation intellectual property auction platform.

Ocean Tomo 3D Printing Patent Study

Yesterday Ocean Tomo CEO James E. Malackowski participated on a panel at the 3D Printing Politics conference in Washington, DC. An event where Peter Harter, a lobbyist with deep experience in intellectual property spanning Netscape, EMusic and Intellectual Ventures, assembled a remarkable group of senior business and government thought leaders in the 3D printing industry including:

Patent Reform

On September 16, 2011, President Barack Obama signed the Leahy-Smith America Invents Act (AIA). This act resembles the Patent Reform Act of 2009, which died in the Senate, and marked the first major change to the U.S. patent system since 1952. Notably, the AIA implemented the “first inventor-to-file” system. Effective as of March 16, 2013, the U.S. patent system was switched from a “first-to-invent” to a “first inventor-to-file” patent system. This system harmonizes the U.S.

Intellectual Property Valuation in the Context of a Global Economy

The global landscape of intellectual property (IP) is highly complex and difficult to navigate. The ability of IP holders to obtain, retain, exploit, and enforce their IP rights can vary substantially from one country to another. The quality of a country’s IP environment is measured both by the existence of relevant IP policy and regulation and the successful application of that policy or regulation. With some exceptions, the majority of high-GDP countries have strong national IP regimes in place.

Intellectual Property Valuation: Early-Stage Technology

Individuals and companies are interested in the value of intellectual property (“IP”) for a variety of purposes, such as sale/license transactions, raising capital, company valuation, litigation, internal IP management, and financial reporting, to name a few. The value of IP depends upon several factors including how it will be utilized, the time required to generate returns, the magnitude of those returns, and the risks involved.