INTELLECTUAL PROPERTY & PATENT VALUATION

---

Five Categories of Intellectual Property & Intangible Assets

•Marketing-related: Trademarks, trade/brand names, service marks, logos and non-compete agreements

•Customer-related: Customer contracts and relationships, customer lists, databases, open purchase orders, distributors and sales routes

•Contract-based: Franchise and licensing agreements, permits and contracts and supplier contracts

•Technology-based: Process and product patents, patent applications, proprietary processes and technology, engineering drawings, technical documentation, computer software and copyrights, formulas and recipes

•Artistic-related: Musical composition, literary composition and film copyrights

Among the various types of intangible assets/Intellectual Property to which we have assigned value are:     

•Patent Valuation, copyrights and licenses    

•Customer lists and relationships    

•Non-compete agreements    

•Favorable financing    

•Software    

•Trained and assembled workforces    

•Contracts    

•Leasehold interests    

•Unpatented proprietary technology    

•In-process R&D    

•Databases  Trademark Valuation, trade names

Intangible assets such as brands, intellectual property and licenses now comprise a greater percentage of the economic value of successful businesses than ever before. Some economists argue that intangibles represent the main performance drivers in the current transition from a traditional financial economic structure to a new knowledge-based economy.

The value of identifiable intangible assets are important to:   - Shareholders and their advisors, for use in assessing the true worth of their companies Management, as a useful tool for measuring performance, for taxation purposes and in the event of an acquisition or disposal under ASC 805 (formerly SFAS 141).  - Financiers, for use in assessing the borrowing capacity of a company when arranging funding facilities. Sophisticated lending institutions now recognize the value of certain intangible assets as security for loans.

Research and development can be one of a company's most significant and important investments. It sparks innovation, drives technological advancement, energizes product development and promotes efficiency improvements. Because of this, companies seek legal protection of the resulting ideas and processes in the form of patents. A patent grants the assignee exclusive right to the invention for a specified period of time. Like other intangible assets, it is sometimes necessary to obtain patent valuations. Our business valuation team examines the value of intangible assets every day and understands the key factors that impact the value of a patent.

Patent valuations are needed for a variety of matters including to support transfer of ownership (licensing or assignment) of the business or patent, collateralized financing, financial reporting and taxation matters. A valuation of patents may also be needed to support litigation matters, such as quantifying patent infringement damage.

To select the appropriate methodology, we first seek to understand the use of patent valuations. This context is important because the approaches to value can result in very different value conclusions.