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Daniel J. O'Connor
I work with Inventors and R&D teams to secure their first or next significant cash-generating transaction, such as capital, licensing, distribution, or a trade sale.
Here are the top 10 tips for valuing intellectual property (includes trademarks & patents)
1. Value by definition is, ‘The value of any commercial asset is its ability to generate
income.”
Having a patent or trademark or other intellectual property can sometimes not be enough
on its own when determining the value of your intellectual property, therefore deeming
your business unsellable. You need to ensure you have assessed the current economic
market, competitors, and pricing to ensure your business can be valued accordingly.
2. Do you own it outright and unequivocally free from challenges and charges?
This is often the biggest inhibitor to valuing intangible assets. Poor or lack of effective
documentation with employees, former directors, shareholders, contractors, etc., leads to
uncertainty as to who actually owns the asset or whether it is encumbered in any way.
3. Is the intellectual property identifiable, and distinguishable, and able to be
separated and sold off from the business as a whole, or is it just another important
but piece of the business collective?
People talk about the value of the Coca Cola brand or the unique patented bottle, but it
isn’t A brand it is multiple brands, trademarks, and the secret recipe and the marketing
and brand identification that goes with the bottle, etc. if you sell off or cease using any
one of those items does it change the business economic value?
4. “Start with the end in mind.”
Don’t do a quick & cheap set up of ownership structure or any aspect of IP design,
documentation, or development as it may cost a fortune to fix later. Engage the experts
now and get the right advice. Don’t be penny wise and pound foolish!
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5. Kep a Due Diligence File
The best protection you can get is the right documentation prepared by the right people.
6. Systemise and proceduralise everything you do so there is no reliance on any
individual that could be lost.
7. Keep and maintain good financial records.
How else do we value an asset if we do not have financial records of the past which
enables us to prepare defendable forecasts in the future.
8. Non-Disclosure agreements
If there’s something confidential and integral to your sustainable competitive advantage,
keep it secret and don’t let anyone that does not need to know it have access to this
information.
9. Separate the Product from the person
Don’t build your business or brand around yourself, if you are the most important thing in
your business, controlling all aspects, contacts/relationships, what happens to the value
of your business if something happens to you?
Build in succession and avoid what is called “Personal Goodwill”.
10. When you think you may want a valuation done, don’t leave it till the last minute.
It takes some time to do without fail—there is tidy up work to do that will improve the
value if you leave it too late. This tidy up work may not be able to be done and you could
reduce the value or even worse, lose the sale.
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1 年Always adding great value here Daniel J. O'Connor. Thank you for posting these resourceful articles.
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2 年Great learnings from this article, Daniel J. O'Connor. Wonderful share.