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Patent Licensing and Selling

Patent Licensing and Selling Author Mark S. Holmes
ISBN-10 1402420641
Release 2014-06-07
Pages 1106
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Now in the Second Edition, Patent Licensing and Selling: Strategy • Negotiation • Forms has been completely updated and significantly expanded to include additional strategies for successfully monetizing a patent portfolio. Featuring hundreds of sample licensing clauses and provisions, Patent Licensing and Selling, Second Edition shows you how to draft fair and litigation-free patent license and patent purchase agreements that serve your clients' interests, satisfy other parties, and shield clients from legal exposure.The author helps you:•Avoid terms that trigger delays and disputes•Grant exclusive patent licenses and successfully buy or sell a patent portfolio•Retain the right to choose which markets to enter first•Swiftly bring licensed or purchased products to market•Protect against infringement of licensed or purchased patents•Set license duration and termination guidelines•Maintain the confidentiality of agreementsIt also provides direction on such other mandatory topics in a patent purchase agreement as:•Representations and warranties of both the buyer and the seller, including authority to sell, title to the patents, the validity and enforceability of the patents, any pre-existing licenses or other obligations affecting the patents, and notice of any other legal proceeding that might affect rights to the patents•Purchase price and payment requirements•Taxes•Closing requirementsIn addition Patent Licensing and Selling, Second Edition includes a complete discussion of the recently decided U.S. Supreme Court case, Bowman v. Monsanto, which held that patent exhaustion does not permit a farmer to reproduce patent­ed seeds through planting and harvesting without the patent holder's permission. Updated at least once a year, Patent Licensing and Selling: Strategy • Negotiation • Forms is a vital handbook for patent practitioners and other intellectual property attorneys, corporate counsel, corporate executives, patent officials, and inventors.

Rembrandts in the Attic

Rembrandts in the Attic Author Kevin G. Rivette
ISBN-10 0875848990
Release 2000-01
Pages 221
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FromForbesandFortuneto theWall Street JournalandHarvard Business Review,the pundits are calling it the next corporate strategy challenge: How to use patents and other intellectual property not just as legal tools but as weapons of business competition. WithRembrandts in the Attic, authors Kevin Rivette and David Kline provide the first practical and strategic guide that shows CEOs and other managers how to unlock the enormous financial and competitive power hidden in their patent portfolios. Writing engagingly and citing numerous case studies, the authors warn that firms can no longer ignore the growing power of patents in business competition. The competitive battles once fought for control of markets and raw materials are today increasingly being waged over the exclusive rights to new ideas and innovations. Where once executives may have feared that their competitors might out-market or out-produce them, they must now be concerned that rivals-especially in the booming e-commerce sectors of the Internet-may secure exclusive patent rights to the essential technologies or even to the fundamental business concepts that they need to be in business in the first place. Rembrandts in the Atticlifts the veil of secrecy surrounding the use of patents in business competition today, showing how some of the world's most successful firms-market leaders such as Intel and Microsoft, Lucent and Gillette, IBM, and used patents to capture and defend markets, outflank rivals, boost bottom-line revenues and shareholder return, and enhance the commercial success of their enterprises. Rembrandts in the Atticis a superb strategy guide that demonstrates the cross-functional value companies can gain by using patents and the gold mine of competitive intelligence that they contain. The book will enable readers to map out technology trends and convergences, uncover the strategies and capabilities of friends and foes alike, and strengthen the competitive efforts of every functional unit in the enterprise, from R&D and marketing to finance, human resources, and mergers and acquisitions. CEOs will learn how to use the authors' patent-enhanced "Grow-Fix-Sell triage" to help them better allocate corporate resources and build a higher growth portfolio of businesses. R&D managers can employ the authors' "IP-3" strategy to help build category-leading products, amplify the branding and marketing efforts devoted to them, and secure the key "choke points" that sustain their product or service advantage. And business development executives will discover how to use patents as competitive intelligence tools to uncover the most attractive M&A opportunities, strengthen valuation and due diligence efforts, and configure asset sales and transfers to greatest advantage. If patents are the "smart bombs" of tomorrow's business wars, thenRembrandts in the Atticis the definitive guide to deploying them for profit and competitive advantage.

Licensing Art Design

Licensing Art   Design Author Caryn R. Leland
ISBN-10 1880559277
Release 1995
Pages 125
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Would you like to learn how to profit by licensing your images on apparel, graphics and stationery, household accessories, computer games, CD-ROMs, and countless other products? You hold the key right in your hands. This book teaches you how to succeed in the world of commercial licensing and shows you how you can transform your ideas and images into profitable ventures. Inside you will find a detailed explanation of copyright, trademark, and patent laws so you can protect your work; complete explanations of various licensing agreements; strategies for negotiating licensing agreements to help you maximize royalties; a negotiation checklist to help you evaluate the deals you are offered; and model Agreements covering short and long form licenses, agent representatives, multimedia deals, and confidentiality and nondisclosure issues.

How to Write a Patent Application

How to Write a Patent Application Author Jeffrey G. Sheldon
ISBN-10 1402425600
Release 2015-12-07
Pages 1246
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Stocked with drafting checklists and sample drafting language, documents and drawings, the second edition of How to Write a Patent Application walks you step-by-step through the entire process of preparing patent applications. This hands-on resource helps you: Get from an inventor all the information needed to prepare an effective application Claim an invention with sufficient breadth Claim an invention so that the elements that render the invention nonobvious are clearly set forth in the claims Claim an invention whose validity will be sustained by the courts Avoid damaging drafting mistakes such as faulty transitions, inconsistent terminology, incorrect verb forms, and deficient functional language Completely up-to-date, How to Write a Patent Application analyzes developments under the America Invents Act, the latest USPTO initiatives, and key decisions of the federal courts, and provides the author s practical suggestions and commentary."

Negotiating Software Contracts

Negotiating Software Contracts Author Robert Bond
ISBN-10 1780433336
Release 2013
Pages 791
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With comprehensively updated content and up-to-the minute commentary, Negotiating Software Contracts (previous edition: Software Contracts) is the best way to keep abreast of current practice in software contract law - a must for all legal professionals and business advisers working in this area of rapid development and constant change. This book gives practitioners and business advisers a useful insight into the potential traps and pitfalls of software contract negotiation. Precedents and guidance are very commercially focused to provide the reader an opportunity to enhance their negotiation skills via useful and practical tips. Contents: PART I INTRODUCTION 1 Understanding software licence agreements 2 Some general types of software licence agreements PART II LAWS AND REGULATIONS 3 Overview to laws relevant to software contracts 4 European Union Law PART III PREPARING FOR NEGOTIATIONS 5 Understanding negotiating principles 6 Preparing for negotiations PART IV PREPARING FOR DRAFTING 7 Preparing the contracts 8 Checklist of the contents of a typical software licence agreement 9 Necessary licence provisions PART V NEGOTIATING TACTICS AND TECHNIQUES 10 Creative problem solving 11 The use of non-verbals in negotiation Appendix: Precedents Previous edition ISBN: 9781847666710

Essentials of Licensing Intellectual Property

Essentials of Licensing Intellectual Property Author Alexander I. Poltorak
ISBN-10 9780471671787
Release 2004-08-16
Pages 240
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Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in licensing intellectual property. Order your copy today!

Winning the Patent Damages Case

Winning the Patent Damages Case Author Richard F. Cauley
ISBN-10 9780199767564
Release 2011-08-25
Pages 172
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Winning the Patent Damages Case, by Richard F. Cauley, is a guide for patent litigators and in-house counsel who are either considering an action for patent infringement or who are facing the spectre of a lengthy, expensive litigation. It offers readers an analytical framework for determining the likely damages award in a patent case, which is critical to the decision of whether to settle the case and for how much. It provides valuable information on how to structure the patent case from the outset and assists accused infringers in how to prepare a "shadow" damages case that may result in a much more reasonable damages award in the event of a loss. The book also provides practical suggestions on how to select and work with a damages expert. The second edition discusses the Federal Circuit's decision in Lucent v. Gateway on the entire market rule and damages allocation, as well as subsequent decisions which have employed its reasoning. This decision marks a sea change in awarding damages where the patented technology is a small component or feature in an infringing product. The discussion centers on the implications of this decision on future damages awards for such patents, how this decision is likely to be used by the courts in the future, and how litigants need to change the way they manage their damages cases to account for this change in the law. Other new developments include whether plaintiffs can use licenses obtained in litigation to prove an "established royalty" under the Georgia-Pacific factor No.1; and courts awarding ongoing royalties instead of imposing injunctions.

The Political Economy of Pharmaceutical Patents

The Political Economy of Pharmaceutical Patents Author Sherry S. Marcellin
ISBN-10 9781317020806
Release 2016-02-24
Pages 226
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This book provides a fresh, multidisciplinary, and exciting look at the making and remaking of pharmaceutical patents at the GATT/WTO, by utilising a Coxian political economy of continuity and change in the global political economy (GPE). Marcellin focuses on the role of the transnational drug industry in the making of the patent provisions in the original TRIPS Agreement and consequently, the role of the African Group at the WTO in the remaking of those patent provisions.

Inventions And Patents

Inventions And Patents Author Steve S Barbarich
ISBN-10 9781440519581
Release 2000-07-01
Pages 320
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Today, one of the easiest ways to make money is to create and sell original ideas. Every year, more than 100,000 patents are granted in the U.S., creating a billion-dollar industry for those using intellectual property. With this book, would-be inventors can develop their ideas with low risk and a minimum of investment - without quitting their day jobs! Attorney and patent holder Steve Barbarich takes readers on an exciting journey through the patenting process. From concept to marketable product, there are step-by-step instructions that anyone can follow. This book features important information on: Choosing which ideas to pursue Taking your ideas into the marketplace Prototyping and test marketing Filing the proper forms Protecting your ideas And much more!

What is a Patent

What is a Patent Author
ISBN-10 1604428058
Release 2010-01-01
Pages 24
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What is a Patent has been writing in one form or another for most of life. You can find so many inspiration from What is a Patent also informative, and entertaining. Click DOWNLOAD or Read Online button to get full What is a Patent book for free.

Legal Guide for the Visual Artist

Legal Guide for the Visual Artist Author Tad Crawford
ISBN-10 9781581157710
Release 2010-09-14
Pages 304
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This classic guide for artists is completely revised and updated to provide an in-depth view of the legal issues facing the visual artist today and provides practical legal guidance for any visual artist involved with creative work. Among the many new topics covered in this comprehensive guide are: detailed coverage of the myriad developments in copyright (including online copyright registration procedures and use of art on the Internet); changes in laws protecting artists in artist-gallery relationships are explained in depth; scope of First Amendment protections for graffiti art and the sale of art in public spaces; detailed as well as new cases dealing with art and privacy; and a model contract for Web site design and much more. The book also covers copyrights, moral rights, contracts, licensing, sales, special risks and protections for art and artists, book publishing, video and multimedia works, leases, taxation, estate planning, museums, collecting, grants, and how to find the best professional advisers and attorneys. In addition, the book suggests basic strategies for negotiation, gives information to help with further action, contains many sample legal forms and contracts, and shows how to locate artists' groups and Volunteer Lawyers for the Arts organizations. Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.

Sell Your Ideas with Or Without a Patent

Sell Your Ideas with Or Without a Patent Author Stephen M. Key
ISBN-10 1507885733
Release 2015-03-03
Pages 186
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Think you need a patent? Think again. Many of the products Stephen Key has licensed required no intellectual property protection whatsoever, yet have made millions in royalties. But Key also knows what it takes to protect a big idea. Years ago, after reading about how medication bottles rarely contain enough space for the information that needs to be printed on them, he was inspired to develop an innovative label technology. The Spinformation rotating label has been licensed on products the world over, is protected by 20 U.S. and international patents, and has received more than 13 industry awards. To put it simply: Key knows how to use intellectual property to profit. This book will teach you how to:• Get a licensing contract with or without intellectual property• Write a provisional patent application that stops others from stealing your idea• Find and hire a killer patent attorney (they are not all created equal!)• Save thousands of dollars on legal expenses• File patents that have true value• Negotiate a win-win agreementIt also details Stephen's experience defending his patents in Federal Court—a David versus Goliath saga he has never before written about at length—as well as provides tips about how to avoid a licensing contract from going bad.

Hollywood Dealmaking

Hollywood Dealmaking Author Dina Appleton
ISBN-10 9781621536598
Release 2018-07-17
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"I wish I could have had this book when I was starting out in the business. An invaluable reference work." —Alan Poul, producer, Westworld The legal resources of studios and networks are legendary, often intimidating independent producers, writers, actors, directors, agents, and others as they try to navigate through the maze of legal details. This invaluable reference presents the interests of talent as well as the point of view of creative executives, producers, entertainment attorneys, agents and managers, and major guilds—making clear the role that each plays in the dealmaking process. Readers will find expert insights to talent and production deals for television, feature film, video, and the Internet, as well as an in-depth overview of net profits and other forms of contingent compensation. Hollywood Dealmaking, Third Edition, also addresses digital and new platforms, changes resulting from new union agreements, and the evolution in feature film back-end (profit participation) deals. In addition, this comprehensive guide includes: Explanations of employment deals Details of rights acquisition Basics of copyright law Sample contracts and forms Glossary of industry lingo and terminology And much more! Peppered with facts on the deals of superstar players and with summaries in each section to clarify complex legal issues, Hollywood Dealmaking, Third Edition, is an essential resource for industry novices and veterans alike who want to sharpen their negotiation skills and finalize the deals they have been seeking.

Business Development for the Biotechnology and Pharmaceutical Industry

Business Development for the Biotechnology and Pharmaceutical Industry Author Martin Austin
ISBN-10 9781317170594
Release 2016-04-08
Pages 202
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Business Development in the biotechnology and pharmaceutical industries accounts for over $5 billion in licensing deal value per year and much more than that in the value of mergers and acquisitions. Transactions range from licences to patented academic research, to product developments as licences, joint ventures and acquisition of intellectual property rights, and on to collaborations in development and marketing, locally or across the globe. Asset sales, mergers and corporate takeovers are also a part of the business development remit. The scope of the job can be immense, spanning the life-cycle of products from the earliest levels of research to the disposal of residual marketing rights, involving legal regulatory manufacturing, clinical development, sales and marketing and financial aspects. The knowledge and skills required of practitioners must be similarly broad, yet the availability of information for developing a career in business development is sparse. Martin Austin's highly practical guide spans the complete process and is based on his 30 years of experience in the industry and the well-established training programme that he has developed and delivers to pharmaceutical executives from across the world.

Strategic Management Concepts and Cases Competitiveness and Globalization

Strategic Management  Concepts and Cases  Competitiveness and Globalization Author Michael A. Hitt
ISBN-10 9781305502147
Release 2016-01-04
Pages 896
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Introduce your students to strategic management with the market-leading text that sets the standard for the course area. Written by respected scholars who have taught strategic management at all educational levels, Hitt, Ireland, and Hoskisson's latest edition provides an intellectually rich, yet thoroughly practical, analysis of strategic management. The classic industrial organization model is combined with a resource-based view of the firm to provide students with a complete understanding of how today's businesses establish competitive advantages and create value for stakeholders. Cutting-edge research is presented with a strong global focus, featuring more than 500 emerging and established companies. All-new opening cases introduce chapter concepts and mini cases offer new contexts of study. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Intellectual Property Strategy

Intellectual Property Strategy Author John Palfrey
ISBN-10 9780262297998
Release 2011-10-07
Pages 192
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Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy -- especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property -- patent, copyright, trademark, and trade secret -- and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

Technology Licensing and Development Agreements

Technology Licensing and Development Agreements Author Cynthia Cannady
ISBN-10 9780195385137
Release 2013-04-04
Pages 540
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Issues for 2014- cataloged as a serial in LC