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Intellectual Property

Patent Valuation

Someone has put a number on a patent, whether a buyer, a lender, a tax adviser, or the other side in a lawsuit, and you need to know what that number rests on.

Reviewed

01 GUIDE

Patent Valuation: what usually happens

Why the question comes up

Patent valuation is usually requested for a specific purpose, and the purpose shapes the method. A company selling a portfolio, negotiating a license, borrowing against its IP, moving patents between related entities, or measuring damages in litigation will each approach value differently. A valuation done for one purpose is often poorly suited to another. Litigation damages in particular follow their own legal rules, including the reasonable royalty framework courts apply, and are not simply a market appraisal.

Legal facts that move the number

Much of a patent's value depends on questions lawyers answer before any financial model runs. How much term remains, whether maintenance fees have been paid, and whether the seller actually holds title are threshold checks. The scope of the claims matters far more than the title of the patent, since a broad-sounding patent with narrow claims may cover little that is actually sold. Validity risk, earlier licenses that already granted rights, and commitments to license on fair terms through standard-setting work can all lower value. Evidence that products on the market practice the claimed invention tends to raise it.

How we work with valuation professionals

Lawyers typically do not produce the dollar figure. Valuation professionals and economists do, and our role is the legal diligence that feeds their work: claim coverage, ownership, encumbrances, and enforceability. In a first conversation we ask what the valuation is for, who will rely on it, and whether it might later be scrutinized in a dispute or by a tax authority, because that affects how the work is set up and documented. Bring the patent list, existing licenses, and any prior valuations or offers you have received.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about patent valuation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.