Important Conditions for Patent Sales
1) Patents are infringed – It can be shown that the patent portfolio is being infringed by a product or products and that the patents represent a key function or part of the infringing product.
2) The damages could be significant – Damages or revenues of infringed products are large or the product is important to the infringing party or their competition. An important product with few or no revenues may be a free service e.g. email or social media group service.
3) No question of ownership – Clean chain of title. All the assignment documents are present and there is no question as to their veracity.
4) Hard to invalidate – Your portfolio is larger and is not easy to invalidate because of its prosecution history, strength and legality of the claims, plus the number and nature of the patents and applications.
5) You are reasonable on price expectations – You don’t want too much money. This may seem obvious but owners who want more than their patents are worth at a particular time are likely to waste everyone’s time or end up losing the chance to sell.
6) Assets are current – None of the assets is expired. All USPTO maintenance fees are paid up and current.
The patent sales process can be complicated, but with the above conditions fulfilled, you can certainly sell your patent portfolio. If any of these conditions are not met it can make it difficult or even impossible to sell your patents.