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Taming Complex Intellectual Property Compensation Problems

Taming Complex Intellectual Property Compensation Problems. Patent portfolios are increasing in size…. Roy Weinstein. New approach to valuing intellectual property. Substitution of reason for fantasy. Occam’s Razor. Requirements for patentability. Novelty. Nonobvious. Utility.

jerome-marshall
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Taming Complex Intellectual Property Compensation Problems

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  1. Taming Complex Intellectual Property Compensation Problems Patent portfolios are increasing in size… Roy Weinstein

  2. New approach to valuing intellectual property • Substitution of reason for fantasy • Occam’s Razor

  3. Requirements for patentability Novelty Nonobvious Utility

  4. …for storing and transporting a banana carefully. $8.99 on Amazon

  5. …eating receptacle for supporting, rotating, and sculpting a portion of ice cream… $6.99 on Amazon

  6. Patent portfolios

  7. Number of Worldwide Patents No.of Patents

  8. Number of Patents

  9. Need many patents working together

  10. Apple: 200 patents for the iPhone… …not including patents licensed from others

  11. Toyota: 2,000 patents for the Prius… …not including: • patents licensed from others • patents covering components ..purchased wholesale

  12. When it seems all patent bases have been covered…

  13. Patent Thicket

  14. Very complex… …veryexpensive

  15. 1991 2003 2004 2005 2006 2007 2008 2009 2010 2011

  16. 46 years to issue the first 10,000 U.S. Patents 2010: 10,000 patents every 15 days Number of Patents by Year

  17. Number of Patent Grants: 2010 250K 225K No.of Patents 135K 70K 60K 16K 6K Korea Europe India Taiwan China Japan U.S.

  18. Complex compensation problem… …necessary patents owned by more than one entity

  19. Hypothetical Negotiation Patented Technology Patent Owner Licensee Royalty Payment

  20. New approach… Occam’s Razor …the Nash Bargaining Solution.

  21. For “pioneering analysis of equilibria in the theory of non-cooperative games”

  22. The NBS can seem complicated:

  23. Two simple conditions: • No other feasible outcome is better for one side and not worse for the other 2) Neither side is worse off reaching an agreement than if no agreement is reached

  24. NBS requires knowledge of: • Patent owner disagreement profit 2) Licensee disagreement profit 3) Total incremental profits from use of the patent

  25. Profit split from use of the patent 50/50 split is a reasonable and likely starting point

  26. Why 50/50? If no agreement is reached: Patent Owner Licensee

  27. Why 50/50? If an agreement is reached: Patent Owner Licensee

  28. How will the patent compensation world look in 5 years? • 50/50 split of the incremental benefits from patent use • Wider applications of NBS • Greater reliance on reason and good science

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