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VALUING INTELLECTUAL PROPERTY (IP)

VALUING INTELLECTUAL PROPERTY (IP)

The valuation of intangible assets or intellectual property (IP) is a complex process. It involves a myriad of potential approaches or methods, depending upon the type of IP and available market data. In addition, the key factors affecting the valuation process follow.

  1. Type of IP - Patents, trademarks, copyrights, trade secrets, and domain names all have different valuation methods.
  1. Market Demand – Commercial potential and demand for the IP in the market.
  1. Legal Protection – Strength, duration, and enforceability of the IP rights.
  1. Revenue Potential – Ability of the IP to generate income through licensing, sales, or product development.
  1. Competitive Advantage – Exclusivity and differentiation it provides over competitors.
  1. Development Costs – Includes initial R&D, architecture and coding, legal, annual filings, and ongoing maintenance.
  1. Risk Factors – Potential or existing infringers, expiration timelines (public domain), and market obsolescence.
  1. Industry Data - Availability and access to comparable sales and other market data.
  1. Geographical Scope – Reflects international acceptance and protections.
  1. Licensing – Viability of usage rights and realistic licensing applications.
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