Patents @ KBLLP
How do I license my patents to others?
Companies that license patents pay for the use of your patented inventions. If you believe that a company is using your patented invention, there are two ways to license your patents: out-of-court negotiation and patent infringement litigation. We have helped patent owners license hundreds of patents through both of these approaches.
How does out-of-court negotiation work?
Acompany that uses your invention is called a prospective “licensee.” We begin out-of-court negotiations by sending a notice letter to the prospective licensee. The letter identifies the patents and which products or services are using the patents and offers a patent license.
When prospective licensees respond, they typically ask for evidence of infringement in the form of claim charts. This, in turn, can lead to a discussion of financial terms for a patent license. If the prospective licensee does not respond to the letter, clients frequently ask us to file a patent infringement suit, where the patent owner asks a court to declare that the prospective licensee owes the patent owner money damages for infringement.
How does patent infringement litigation work?
In most circumstances, we recommend starting licensing patents with a letter instead of a lawsuit. However, as most inventors and patent owners know, large companies do not respect the intellectual property of others and feel that they have no need in the licensing of patents. This is when filing a patent infringement suit is helpful – at this point, the prospective licensee can no longer ignore you since they are summoned into court.
In addition, a large number of lawsuits end with settlement, with the prospective licensee agreeing to pay for the use of an inventor’s patents. While we cannot guarantee or predict the outcome of your licensing efforts, we have helped inventors and patent owners with licensing of patents and receiving licensing revenue for hundreds of their patents
Must I be a party to the lawsuit?
No. Some inventors choose to be the plaintiff and enforce patents in their patent infringement lawsuit. Others choose to incorporate a business entity for the purpose of patent assertion. Yet others choose to work with an unrelated licensing company that can handle litigation and funding needs. We can point out the pros and cons of each approach as we discuss your patents.
I am interested in licensing of my patents.
What do I do next?
Submit your patents for a free evaluation: