Has anyone experience of selling patents? Any advice?

Has anyone experience of selling patents? Any advice?

Businesses sold with patented technology and a sales track record for products covered by those patents often sell for much higher prices than the patents alone.

At first, this might seem counter-intuitive until you understand an important truth about patents: they are nothing more than a negative right. The negative right granted by a patent is to prevent others from selling a thing covered by the patent.

To make money from a patent there is a lot more to it than merely the patent. You need to ensure that you have a clear road to make the thing covered by a patent without infringing other people’s IP as well. Regulatory compliance is also a common headache for new products.

The patent says nothing about whether there will be a market for the product covered by it, whether there are practical or legal barriers to its use and exploitation, how easy it will be for competitors to design around the patent and whether an actual product will have market traction.

If you want to make money from your patent by selling it, you will find it much more appealing for purchasers if you offer to sell a going concern that has a track record of sales of the product(s) covered by the patent and/or licenses under the patent.

Mark Warburton About the author

The Intellectual Property Guru. His determination to protect innovation stems from a family legacy in which his grandfather, a genius inventor, had his innovations stolen and patented by someone he trusted, which led to his grandfather dying a pauper on a park bench. Mark is an international award winning lawyer and patent attorney and 3-time published author. His prowess in the court room sees him winning cases that others thought were unwinnable. Mark’s passion for protecting intellectual property shines through in his pro-bono legal mentoring, proactive legal workshops and 1-2-1 work with clients.