Transactions
Intellectual Property (IP) owners seek to balance a variety of financial and business objectives when monetizing their assets including deal structure, price, publicity and marketing, competitive intelligence and expenditure of resources. The Ocean Tomo Transaction Business Unit offers four primary products designed to meet such needs -- Private IP Brokerage, Live Multi-Lot IP Auctions, Patent/Bid-Ask™ (PBA) and The Dean’s List™ Online IP Exchange (TDL). Each solution is tailored to provide the proper forum and appropriate level of service based on the client’s specific requirements.
Private IP Brokerage
Our Private IP Brokerage practice consists of the most experienced intellectual property professionals and delivers the highest level of intellectual property transaction advisory services. Intellectual property is a unique asset which requires significant business, technical, marketing and legal expertise in completing transactions. Often, the sale of large or complicated IP portfolios require a specialized sale process which is tailored to the specific needs of the seller, the requirements of the necessary diligence and the transfer considerations of the specific assets.
Past clients of our private brokerage practice include public and private companies, as well as the most prolific inventors. For many public companies, a controlled private sale process is often the ideal platform for the monetization of their IP assets, while also complying with their own internal needs, procedures and marketing restrictions. Other characteristics of our Private IP Brokerage services include the following:
- Typically reserved for larger and more complex IP portfolio transactions
- Addresses seller need to significantly control marketing message, publicity and dissemination of materials
- Highest level of flexibility in transaction terms both generally and between potential buyers
- Traditional investment banking structure for transaction marketing, process and reporting
- Includes dedicated IP professional and the highest level of reporting
Live Multi-Lot IP Auctions
The Live IP Auctions practice at Ocean Tomo has received notable attention globally. Annually, Ocean Tomo hosts three live multi-lot IP auctions in the United States, Europe and Asia (2009). The Auction continues to serve as a platform utilized by a variety of sellers ranging from individual inventors to venture backed companies to the world’s largest multinational corporations. Through its stringent IP qualification process and day-of-event execution, the Ocean Tomo Live IP Auction has become the premier live public forum for the sale of valuable IP. The market awareness created and sense of urgency the Auction brings has resulted in hundreds of successful transactions for sellers.
The Auction brings numerous benefits to both a seller and buyer. From a seller perspective, the Auction is the first forum for transacting IP in which the burden of purchasing is actually shifted to the buyer. The structure and format of the Auction enable a seller to offer pre-set terms and conditions including a minimum price, “the reserve”. In addition, the Auction brings sellers closure and the benefit of a true “market sale”. Historically, the IP market has been insulated as transactions have been conducted privately, and without public discussion as to buyers or price. The Auction provides a platform by which a seller may broadly market their IP through a competitive bidding environment.
The main benefits of the Ocean Tomo Auction include:
- Set timeline for closure of transactions
- Seller ability to set a minimum “reserve” price
- Established buyer network
- Bidder identity remains completely confidential
- Agreement by all registered bidders and sellers not to use participation in the Auction in future potential legal proceedings
- Consistency of structure limited to a sale or fully paid-up exclusive license
- Leveraged marketing benefiting all sellers
Patent/Bid-Ask™ (PBA)
PBA is the first and only online public forum that allows buyers and sellers to make and receive offers for their IP in a completely transparent fashion. Importantly, PBA supports unsolicited offers or Bids for any patent. Using widely available analytics, including the Ocean Tomo PatentRatings® system, buyers wanting to expand their existing portfolio can anonymously contact owners of patents to initiate a sale or exclusive license. Bids delivered through the Patent/Bid-Ask market are backed by reserved funds and therefore more likely to be well received by a potential seller.
PBA enhances the likelihood of a patent sale as well as the flexibility of jointly securing related assets by integrating intellectual property from 77 different countries. Virtually any patent in the world can now be easily transacted between a willing buyer and a seller.
Sellers set an “Ask” or price and make this publicly known. Buyers place a “Bid” which is posted publicly and communicated through Ocean Tomo to the patent’s owner or representative. Of course, the Bid may or may not meet the Ask. Ocean Tomo voice brokers work to close this Bid-Ask gap to the benefit of all parties. Characteristics of this platform include:
- Bidder identity remains confidential
- Ability to place a public Ask prior to identification of buyers
- Enables purchase of unlimited combination of patent assets from a single owner, or within a particular international patent family
- Easily purchase published patent applications either with or without issued patents
- Consistency of transaction structure limited to sale or fully paid-up exclusive license
- Risk mitigation for buyer by ownership assurance offered by Ocean Tomo Risk Management
- Ability to place bids on IP across all technology sectors
The Dean’s List™ Online IP Exchange (TDL)
TDL is an online IP bulletin board for posting IP available for sale or license. The forum brings buyers and sellers together to facilitate IP-based transactions with complete flexibility and high participant control. The mission of TDL is to expand the array of options for IP sellers and buyers while creating a market forum for sellers holding any type of IP, irrespective of value expectations or industry. TDL provides the market with an unfiltered view of IP available for transactions with the following characteristics:
- Open and public introductory or advertising platform
- Directly linking buyers and sellers without requiring an active intermediary
- Easy posting of complete and comprehensive listings of IP from owners of all types
- Minimal posting costs
- Unlimited flexibility and coverage
Transaction Professionals