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The Money Making Power of Licensing

August 2015 Issue

Welcome to the August issue of Licensing4Profits. 

 

If your patent goes up against a lot of big competitors, or is an "essential" part for other products or technologies, a patent pool is a licensing strategy to consider.  In this month's featured article, Patent Pools: How to Build a Bigger Licensing Pie, you'll learn why patent pools are created and the big advantages of using one to license your patent. 

  

Licensing is a strategy that all inventors, entrepreneurs, businesses and emerging start-ups should use in today's challenging economy. In this month's featured webinar, The 7 Money- Making Benefits of Licensing, you'll hear about seven different ways you can use licensing to create new money-making opportunities for your IP.  

 

Licensing agreements are partnerships that require each party to deliver on their obligations. In this month's Key Terms and Conditions: Licensor & Licensee Obligations, you'll learn about some of these key obligations, and what you must include in the agreement to avoid any misunderstandings and a possible legal dispute after the agreement is signed.  

 

Find out what one of the world's biggest car brands, frozen food, and a superhero TV show have in common in This Month in IP History.

We conclude with this month's question "I'm in negotiations with a company to license my product, and the licensing agreement they provided doesn't include any upfront money. Will I blow the deal if I ask for an advance on the royalties?"  

 

Enjoy!

 

New Licensing News from LCG

Patent Pools: How to Build a Bigger Licensing Pie

Sometimes pooling your patent with other patents is a better way to make money...especially if it creates a billion dollar industry.

Patent pools are basically a joint venture strategy formed by companies and inventors with similar "overlapping" patents. It makes it easier and more efficient to license them, and minimizes the time and legal issues. Rather than suing each other for infringement, members cross-license rights to use each others patents to make and sell their products.

 

Patent pools have been around for a long time. One of the earliest dates back to the 1850s, when four companies formed a patent pool for sewing machines. In the early 1900s the two big aircraft companies, Wright and Curtis, formed a patent pool to produce airplanes during World War I when the US desperately needed these planes. In 1916 a patent pool was formed for the manufacturing of beds.

 

Industry standardizing technology is another reason companies pool patents, especially in industries where there is a lot of overlapping technology. Some examples include radios, movie projectors, WI-Fi, Bluetooth, and smart phones. The standardized technology is broadly licensed and widely used, and enables products from a variety of manufacturers to communicate. One of the biggest of these patent pools is the MPEG video standard, formed in 1997, which generates an estimated $1 billion+ in annual royalty revenues.

 

Some patent pools, however, are controversial. The issue is whether or not they encourage or restrict the use of IP, or are overly aggressive in their licensing terms (i.e. not "fair and reasonable"). But for many industries (such as consumer electronics), patent pools have proved to be a great licensing strategy.

 

If your patent goes up against a lot of big competitors, or is an "essential" part for different products or technologies, a patent pool is a licensing strategy to consider. The key to a successful patent pool is finding other patent owners with technologies that can be pooled together. You get the benefits of commercializing your patent, lowering your litigation risk and combining your patent with others to create a bigger licensing revenue pie.

Feel free to pass this newsletter along to friends and associates. You can visit our websites (www.licensing4profits.com and www.licensingcg.com) to view our blog, special reports, published articles, webinars and audio presentations.

If you are interested in learning about our consulting services
, please contact us at (646) 395-9572 or email info@licensingcg.com.  

 

Best regards,

 



Rand Brenner

President & CEO 

Licensing Consulting Group
Licensing4Profits


About Rand Brenner  

Rand has licensed some of the biggest Hollywood blockbusters, including "Batman" and the "Mighty Morphin Power Rangers", both of which generated billions of dollars in worldwide merchandise sales. His career includes executive positions at Saban Entertainment and Warner Bros Consumer Products where he developed numerous licensing and promotional deals with Fortune 1000 companies.

   

LCG advises clients on the strategic use of IP assets to build business value,  increase revenues, lower costs and capitalize on new market opportunities. Our consulting services are designed for small and mid-size businesses, enabling them to benefit from top end IP licensing services typically afforded by large companies.

 

About Licensing4Profits 

Licensing4Profits is the only online resource providing coaching, teaching and training on how to manage and make money with intellectual property.  We offer audio workshops, seminars, videos, e-courses, blog articles and webinars.  Our goal is to advise, guide and help you master the licensing skills to transform your intellectual property into money-making products, services and technologies.

 

Please email info@licensingcg.com or call us at (646) 395-9572 to discuss how we can assist you. 

 

Latest Blog Posts

In This Issue
Free Webinar: 7 Big Money-Making Benefits of Licensing
 


This webinar reveals seven ways you can use licensing to create new money-making opportunities for your IP in today's marketplace.  


 Click Here to Sign Up
Key Terms & Conditions:
Licensor & Licensee Obligations 



Making sure both the IP owner and the licensee are clear about their obligations can avoid disputes down the road.

 

If you're the IP owner, one of your main obligations is to provide your licensing partners with all of the IP assets (such as patents and know-how) so they can successfully commercialize your IP.  

 

Your licensing partners will be obligated to manufacture and successfully bring to the marketplace the licensed product within the agreed upon time period and territory.

 

Other types of obligations can include the licensees duty to report infringement, invest in the IP development, not directly compete, and use their best efforts to meet marketing or sales dates.

 

It's important to make sure that the actions to meet these obligations are clearly spelled out in the licensing agreement. Otherwise, it could be difficult to resolve them later on. potentially leading to a dispute with your licensing partner.

 

When preparing or reviewing a licensing agreement, it's always best to seek qualified legal advice before you sign anything.

This Month in IP History

1909 The FORD trademark was registered by the Ford Motor Corporation.

1930 Clarence Birdseye patented a method for packaging frozen foods.

1952 The television show, "Adventures of Superman" was copyright registered.

Source: About.com  

Ask Rand Brenner 

 

Q:  I'm in negotiations with a company to license my product, and the licensing agreement they provided doesn't include any upfront money. Will I blow the deal if I ask for an advance on the royalties?

 

A: The negotiations aren't over until the deal is signed. If an advance wasn't discussed, then now is the time to negotiate it before signing the deal.

 

As the IP owner, it's hard for you to be objective on your own behalf. My suggestion is to hire an attorney or licensing agent to help you. They're generally better in these situations.

 

If your licensing partner doesn't agree to pay an advance, then you'll have to decide whether or not you want to do the deal.  

 

The most important point to keep in mind is to make sure your licensing agreement is a fair deal for both you and your licensing partner.

 
Got a question about licensing? Send an email to 
askrandbrenner@
 licensing4profits.com. You'll get an answer to your question which will be included in a future issue of this newsletter.