Patent Valuation Consulting Services

Reliable and Compelling Appraisals of Patent Portfolio and IP Asset Value

Do You Have Questions? Call Us: (858) 367-3642

Financial Valuation Tiers

A valuation is a key strategic component of business growth and development.  GHB Intellect specializes in financial valuation, particularly with respect to intellectual property (“IP”).  An IP valuation assigns a tangible economic value to intangible assets, including patents, copyrights, trademarks, and trade secrets.  In today’s technology-driven society, IP may encompass a large and substantial portion of a company’s assets.  As such, IP valuations have numerous purposes and are commonly associated with:

  • Strategic decision making – having an understanding of IP asset value enables teams to make informed research, business, and legal decisions. For example, being able to compare IP portfolios objectively allows decision-makers to prioritize investments to maximize returns, driving further R&D and allocating resources to the projects with the highest potential returns.  Similarly, an IP valuation further mitigates risk by identifying weak IP portfolios or infringement exposure liabilities, allowing business to navigate potential legal pitfalls.
  • Fundraising and negotiations – without a valuation to negotiate around, one risks undervaluing their asset and leaving money on the table, or overvaluing their asset and seeing a deal fall through the table. Having an IP valuation provides justification to investors for why the asset is worth investing in.  Furthermore, investing in a quality valuation signifies that proper due diligence was performed, enhancing credibility and reliability.
  • Licensing and partnerships – similar to investors, valuations assist in coordinating between licensors and licensees and between partners. Namely, they help parties determine equitable contribution splits and aligning expectations, building a fair foundation for collaboration and lowering the risk of subsequent disputes.
  • Mergers and acquisitions – valuations are vital for M&As, particular when IP and technology is involved, to establish fair deal terms, justify purchase price allocation, and to ensure proper monetization and structuring.
  • Tax and regulatory compliance – IP can be included on a company’s balance sheet or used for tax reporting, but its inclusion must meet strict reporting requirements. Within the United States, the Securities and Exchange Commission (“SEC”) requires all publicly traded companies to follow Generally Accepted Accounting Principles (“GAAP”) for their financial reporting to ensure consistency, reliability, and transparency.  The Internal Revenue Service also enforces the Internal Revenue Code (“IRC”).  In other parts of the world, International Financial Reporting Standards (“IFRS”).  GHB Intellect works closely with your accountants or financial advisors so that all regulatory requirements are met.
  • Litigation damages – disagreements are common in business, and technology and innovation places IP at the forefront of such disputes. An IP valuation can help determine potential litigation costs and damages and inform parties on how to balance the stakes of settlement versus trial.

Obtaining a comprehensive IP valuation can involve a complex review and analysis of technical, legal, and market metrics.  Often times, it is insufficient for a single analyst to properly account for the multi-faceted complexities involved in an intangible asset directed to a scientific or technological product.

GHB Intellect’s Financial Valuation Service stands apart from those of our competitors by leveraging our vast network of subject matter experts, incorporating their technical and IP expertise to identify highly accurate use cases, implementations, and risks associated with the technology, intellectual property, or asset in question to produce a credible valuation report.  Each valuation performed includes:

  • a technical review performed by one or more of our highly specialized experts in the relevant technical field(s),
  • an IP review performed by one of our seasoned IP specialists, and
  • a financial analysis that takes into full account the technical and IP merits of the assets.

A valuation is only as good as the assumptions put into it.  Our philosophy is to utilize an interdisciplinary approach involving multiple team members to arrive at a fact- and data-driven value range that is both realistic and defensible.  An inaccurate valuation could result in poor strategic decisions, weakened bargaining power, missed opportunities, failure to obtain financing (either through capital or debt), financial losses, lost market share and competitive advantage, damage to personal or brand reputation, and various legal risks.  Because of the stakes at play, it is important to us to provide a transparent and reliable suite of valuation services.

GHB Intellect offers two tiers of valuation services to provide our clients with maximum flexibility: Basic Valuation and Standard Valuation. Both tiers consider the Income Approach valuation model as a means to estimate fair market value of the assets. The Basic tier is a budget-friendly option for many use cases – planning and strategic development, communications, marketing, and negotiations. For use cases involving financial and accounting institutions (e.g., fundraising, financial reporting, audits, etc.), the Standard tier is required. The Standard tier applies greater depths of analyses across all portions of the technical evaluation and the financial valuation for a more precise and robust analysis.

In addition, GHB Intellect provides custom valuations for cases outside the scope of our Basic and Standard tiers through project add-ons. Please reach out to us for a custom quote for your custom valuation project.

Basic Valuation

Standard Valuation

Custom Valuation

Cost-efficient IP appraisal backed by market research for an accurate assessment of nominal and present value.

Comprehensive income approach analysis with precise invention-specific review to support financial decisions and reporting.

Fully client-customizable valuation for specialized circumstances.

Services include:

• Technical Review and Summary
• Total Addressable Market Investigation
• Industry-Backed Royalty Rates
• Income Approach Analysis
• Nominal Value Calculation
• Net Present Value Calculation
•1 patent family with up to 3 patents

Services include:

Basic Valuation services, plus:

• Invention-Specific Market Investigation
• Royalty Rate Comparables
• Enterprise Risk Analysis
• Litigation Risks Review
• Potential Infringers/Licensees
•1 patent family with up to 5 patents

Services include:

Customizable to user needs, including any available add-ons:

• Additional Patent Families
• Additional Patents and Patent Applications in same families
• Market Approach Analysis
• Commodity Replacement Cost
• Non-Infringing Alternative Cost
• Litigation and Appeals Cost

Summary: The Basic Valuation is our foundational valuation service designed to provide a general idea of the potential value associated with the subject patent(s). The valuation method for this tier is based on the Income Approach which accounts for: (a) the relevant lifespan of the patent asset(s), (b) a calculation of the Total Addressable Market (“TAM”), and (c) an industry royalty rate, to arrive at a nominal value and a net present value for the patent(s). Client specific information will be collected via our online questionnaire.

Summary: The Standard Valuation is a more thorough analysis relative to the Basic Valuation. Specifically, this tier will commence with an introductory meeting to discuss (for example): (a) the relevant patent(s), (b) the intent of pursuing a patent valuation, (c) the potential or current products associated with client and/or third parties, and (d) any relevant documents and/or data (e.g., business plans, industry reports, market segment data, competitor assessments, etc.) the patent owner owns and/or is aware of which may be relevant to the valuation. Through this client interaction, a more in-depth analysis of the appropriate Total Addressable Market (“TAM”), royalty rate indicators, and potential risk adjustments can be analyzed and evaluated.

Summary: The Custom Valuation is for specialized analyses. For example:

• If the client/patent owner is interested in understanding the range of potential values associated with licensing their patented technology, a thorough analysis of such licensing activities (be it through an arms-length transaction or a litigation model) and associated costs and timing will be evaluated and incorporated into the valuation model.

• If the client/patent owner is interested in understanding whether potential design-arounds (non-infringing alternatives) to the patented invention exists, the report can be tailored to focus on the technical merits of the patented technology while also considering the costs associated with any potential design around costs.

• If the client/patent owner is interested in understanding the value associated with a contemplated patent pool and licensing share of revenue for each patent contributor, the report can be tailored to focus on the relative strength of each contributing patent and the value of the pooled patent assets.

• If the client/patent owner is interested in partnering with a third party to incorporate their patented technology in future products, the report can be tailored to focus on the licensing value of the technology (and potential know-how) as well as identifying potential partners.

Use Cases: This valuation is recommended for patent owners seeking an accurate estimate of the value of their patent(s). The Basic Valuation is recommended for general planning and strategic development, communications, marketing, and negotiations.

Use Cases: This valuation is recommended for patent owners seeking a report which contains a more in-depth and informed valuation of their patent(s). The Standard Valuation is required if the intended use of the valuation is in conjunction with financial and accounting institutions, e.g., for fundraising, financial reporting, and audits.

Use Cases: This tier is recommended for clients/patent owners seeking customizable examination of various circumstances to fit their specific needs.

Deliverables: A report which includes estimates and high-level methodologies relied upon to determine TAM, royalty rate indicators, nominal value of the patent(s), and NPV of the patent(s). Source materials relied upon will be provided.

Deliverables: A thorough report which includes descriptive write-ups of the subject patent(s), relevant industry and/or market segments, relevant TAM, comparable royalty rate indicators, discount rates and risk adjustments, and a conclusion of value for the subject patent(s). All relevant materials, data, and the valuation model will be provided as part of the final deliverables.

Deliverables: Customizable in form and content. Default form includes a report in the style of the Standard Valuation, but with additional analyses integrated into the document.

Financial Valuation Tier Comparison

Basic Valuation

Standard Valuation

EXPERT TECHNICAL REVIEW & SUMMARY
PATENT SPECIFICATION & CLAIMS REVIEW
PATENT FILE HISTORY REVIEW
TOTAL AVAILABLE MARKET ANALYSIS
 — INDUSTRY MARKET ANALYSIS
 — INVENTION-SPECIFIC MARKET ANALYSIS
 — MARKET COMPARABLES
ROYALTY RATE COMPARABLES
 — INDUSTRY-BACKED ROYALTY RATES
 — INVENTION-SPECIFIC ROYALTY RATES
— COMPARABLE UNCONTROLLED TRANSACTIONS
INCOME APPROACH ANALYSIS
 — EXPECTED RETURN RATE ANALYSIS
 — ENTERPRISE RISK ANALYSIS
 — GEOGRAPHICAL IMPACT
NOMINAL VALUE CALCULATION
NET PRESENT VALUE CALCULATION
PRECISION & CONFIDENCE OF ESTIMATE Medium High
REPORT PURPOSE Communications, Marketing, Basic Negotiations Fundraising, M&A, Financial Reporting
FEE

Starting at $4,950

Starting at $9,950

Valuation Add-Ons

  • Additional Patent Families
  • Additional Patents and Patent Applications in same families
  • Market Approach Analysis
  • Commodity Replacement Cost
  • Non-Infringing Alternative Cost
  • Litigation and Appeals Cost

IP & Patent Valuation Services

Expert IP valuation determines the appropriate value of intellectual property assets and should be a critical part of any IP-related business transaction and/or IP  monetization activity. It is important to understand that reducing risk and increasing profitability must be the primary focus during a patent valuation. IP Valuations are also necessary during various types of IP transactions (including the sale, licensing, acquisition) or assertions . Hence, the prices paid during an IP transaction must be estimated through a detailed valuation process before it can be objectively understood by the potential parties involved. The necessary skill sets used in an IP valuation are cornerstones of our intellectual property consulting services and include: financial, market, and technical expertise.

Patent valuation services from GHB Intellect have been perfected through direct case experiences over decades working with a range of clients. Specific goals can include IP analysis, IP strategy, IP valuation, and/or IP monetization, depending on our clients’ individual needs.

In recent years, the IP asset transaction market has grown rapidly. Patents are a substantial portion of allIP transactions. IP asset purchases can strengthen a position during a negotiation, can be used as a risk-mitigation tool, and can be used as investment opportunities. On the other hand, IP asset sales can be a quick way to raise capital and are frequently used to sweeten business deals.

Recent Client Example

This client engaged us to estimate the financial value of its patent portfolio so that the client could fund the development of their invention.  As part of every financial valuation, we routinely perform a technical evaluation on the merits of the invention.  Performing this due diligence, in this case, revealed a series of modifications that could be made to the client’s design, to improve practicality, cost, profitability, as well as industry, legal, and regulatory compliance.  The client revised their designs as well as their business plan according to our recommendations and, as a result, was able to leverage the improvements to negotiate superior funding terms.  When asked whether our financial valuation process had an impact on their business development, the client’s response was:

“Absolutely. Your valuation 100% helped.
We never could have done this without you.”

Patent Valuation Support from Start to Finish

If you are considering selling your IP assets, then we can walk you through the steps necessary to close a deal. This includes helping to evaluate the portfolio, strategizing on a monetization approach, marketing the patents and other IP assets, and negotiating the best deal. If you are buying IP assets, then we can help mitigate risks by performing proper due diligence from all angles (Technology, Market, Law, Finance), including assessing the patents and other assets and identifying their fair market value.

Our patent valuation services include evaluating the patent technology, identifying markets and competitors, and assessing legal aspects. From here, we define the valuation model that will result in the most appropriate guidance. Our due diligence methods coupled with our overall science and technology expertise allow us to develop comprehensive valuation reports that are unbiased, credible and reliable.

The Importance of Intellectual Property

Intellectual Property (IP) is a crucial portion of a company’s assets. A strong IP portfolio is instrumental for; fundraising, leverage in business transactions, an exit strategy, M&A valuation. Additionally, having a strong collection of IP provides confidence and relative freedom to operate (FTO). The IP transaction market has grown rapidly, due primarily to the boom in new patents. GHB Intellect Patent Valuation Services have expanded rapidly  over recent years as demand for our comprehensive expertise (Technology, Market, Law, Finance) has continued to grow.

Patent Valuation Applications

Patent valuation services have become a major discipline to determine what that patent or a patent portfolio is worth. The principles of sound patent valuation services are important to ensuring positive asset transaction outcomes. We have outlined the types of IP valuation applications in the following subsections.

patent valuation services

(Cross) Licensing

As industries mature, older players benefit tremendously from licensing. A valued portfolio provides leverage in cross licensing portfolios. For example: Intel licenses AMD patents for $1 billion.

Initial Public Offering (IPO)

A strong IP portfolio greatly contributes to a successful IPO. Many business valuation professionals rely heavily on input based on the health of the IP and the valuation of the IP portfolio.

Investments

Investors always look to IP health of early stage companies. A valued IP portfolio strongly enhances the likelihood of successful fundraising.

Liquidation

Patent valuation services should allow valued portfolios to become much more easily liquidated. In some cases, the value of patents is greater than that of the company itself (e.g. Nortel).

Mergers & Acquisitions

Portfolio strength and Freedom-to-Operate (FTO) have a huge impact on acquisition totals. There are varying discount rates between 10-30%. This could change the valuation of a company significantly.

Portfolio Sales

IP itself has developed into a market. Whopping transactions in recent decades have occurred through direct and indirect bidding. Nortel, Motorola Mobility, and Eastman Kodak are good examples.

Strategic Partnerships

Strategic players are always on the lookout for strong patents. Large corporations look closely at the strength of a patent portfolio before investing. The role of FTO opinion is crucial in any partnership.

Philosophy: Patents as Assets

Patents have grown from more fancy and honorary to all-out financial assets.  Even though patent sales have been around for more than a century, recent decades have created their own market. This is partly due to the increasing economic abstraction of value. Abstraction of business started a long time ago for several reasons. The more abstract a line of business is, you can expect it to be more; sophisticated in its methods, hidden from laymen, profitable, and scalable. But, that also comes with more risk.

Commoditization Hierarchy

Everyone is trying to commoditize others. An excellent example of this can be seen in the vertical integration of all tech giants. When the chip market moved over in favor of hardware systems, IBM was the leader. Then, the hardware systems market was commoditized and software giant Microsoft became the market leader in the computer world. Next, Google benefited when the software market was commoditized, elevating intelligence, ads and services to the top of the food chain. Finally, we now see further commoditization of the ads and services products and market evolution towards ideas and patents.

Commoditization of the IP market is increasing because old markets are constantly commoditized to be replaced by new markets. Abstraction is inevitable.

Patent Sale Examples

Henry Woodward was a Canadian medical student developing devices for medical field. He was the inventor of the electric light patent filed in 1874. Thomas Edison bought the patent along with many others. This transaction took place some 150 years ago, when Edison, in pursuit of rights to the electric light, bought Woodward’s patent in this field.

75 years later, on August 11, 1942, Hollywood darling Hedy Lamarr (actress by day, inventor by night) co-invented frequency-hopping, the basis of many of today’s communication systems. She eventually sold this patent to Bell Labs.

As you can see, the commoditization of IP is nothing new. In fact, it has been one of the most important drivers of commercialization of innovation and has significantly impacted the technologies made available to consumers.

Patent valuation services play an important role in this ecosystem. A multi-disciplined set of expertise is required to properly value intellectual property, especially for high-tech/high-science patents. Please contact us if you have any further questions about our patent valuation services. Or, read more about our IP valuation methods for a closer look at how we perform them.

GHB Intellect Patent Valuation Service Packages

We offer specific service plans depending on your current requirements.
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Meet the Team

GHB Intellect’s team consists of highly credentialed and seasoned experts and professionals from various disciplines (technology, science,  intellectual property, finance, business) who are brought into each project as needed to enable the most reliable analyses and work products. With over 600 experts and professionals, GHB Intellect seeks to never use generalists for any project. We staff each project with experts  that best match its requirements and objectives. We also have experienced IP professionals to manage the team and to interface with our clients effectively. To meet our team, please check out our Management Team as well as our Experts.

Recent IP Valuation Case Studies

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Technical Evaluation & Patent Valuation

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Case Study: Patent Valuation of a Brewing Company

Strong patent portfolios are highly sought after. They establish a sense of confidence in creating high company valuation and providing leverage in certain transactions. In this case study, we provide an in-depth explanation of our services and market analyses to determine a fair market valuation of a brewing company.

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