Intellectual Property Valuation: Asset Strength Approach (Evaluation of the Strength of an Asset Against the Commercial Technology Covered by the Asset)

Abstract

Intangible assets include intellectual property (IP), such as patents, trademarks, copyrights, etc. There are numerous reasons for valuing intangible assets, and different approaches have historically been employed. The historical methods of IP valuation share a common drawback ─ the failure to critically evaluate the IP per se. The IP valuation approach set forth herein utilizes both a critical evaluation of the strength of the IP, as well as a market analysis of the key (or “target”) technology covered by the IP. The market analysis yields a value of the key technology. A critical evaluation of the IP is then carried out. For the critical evaluation, the IP (e.g., patent) is carefully reviewed to determine how well (or poorly) the IP covers the key technology, and how strong (or weak) is the underlying IP. The strength of the IP is evaluated by carrying out a detailed and exhaustive due diligence review of the IP and a freedom-to-operate (FTO) clearance review of the key technology. The asset strength approach for IP valuation is unique in that it includes an assessment of the strength/weakness of the underlying IP.