In response to my earlier blog, I received several comments suggesting to “get patents as cheaply as possible” and to not “worry about the quality.” The comments were based on the assumption that holding a patent, although has little protection for a small company, still offers great value to fend off potential suits, and increase a company’s appeal to potential acquirers. Although I agree with the assumptions, however, I have to warn my readers about the dangers of their conclusion.
Often amateur valuation specialists overlook the strength of a patent and simply assume all patents, regardless of quality, contribute equally to business value generation. However, that is not the case.
The key test I employ when considering the value of a patent is its contribution to the true business value of a company. Will your company be worth more when you file for a patent? That’s when quality plays a key role.
A patent that has been litigated and has been sustained in court is more valuable than a patent that has not. That is because many patents are found to be invalid by the courts. An invalid patent, not only is useless, but harmful. It is harmful because when filing for patent protection, you disclosed to the world your technology; an invalid patent will allow your competitors to legally copy your technology, and compete for market share.
A poorly written patent, even when held valid by the courts, may still offer you no value enhancement. When key design elements are omitted, or worded poorly, it may render your patent useless. Whether in an acquisition or a potential lawsuit, experienced patent attorneys are hired to provide the due diligence on your patent portfolio. If of poor quality, potential acquirers will back away when your patent is the centerpiece of your business. The quality of the patent will also influence the decision to proceed with potential lawsuits by your competitors, as your negotiating chip will be eroded by a poorly written patent.
The quality of the patent influences the probability of negative outcomes. A weak patent will have higher probability of being subjected to litigation by competitors, and lower probability of finding an acquirer. Both of these negatively influence your business value. For those with valuation background, these probability of events will increase the discount rate applied to a business’s earnings potential, thus depressing its value.
This all assumes that the USPTO will grant you a patent on a poorly written application. Many applications have to be resubmitted several times, costing the entrepreneur time and money.
It may be worth investing in your patent application. After all, if patent attorneys did not add value, there would not be so many of them. However, it is important to have a careful strategy to optimize the value your investment. For more information see When Is It A Good Idea to Patent Your Invention?
Sunday, July 11, 2010
Tuesday, July 6, 2010
When is it a good idea to patent your invention?
Most entrepreneurs rush to the USPTO office to patent their inventions with little regard to the value of their patent. With the proliferation of patent applications and the fast speed of inventions, it is worth to ponder whether it is worth to spend thousands of dollars to obtain a patent.
A patent gives the holder the exclusive right to the invention for 20 years. However, enforceability is a key issue to consider. Simply holding a patent does not stop your competitor from using your patent. Applications are often so vague that parties may disagree whether one is infringing or not. To enforce your rights, you may need to take legal action. It is estimated that a typical patent infringement lawsuit costs approximately $1M. Unless you have the funds to back your patent rights, merely holding a patent may not be useful.
Although it is possible to retain legal counsel on contingency, the market value of your patent should at least exceed the anticipated legal costs. If it would cost you$1M to defend a patent with market value of $250,000, it is a net loss situation.
Five questions to ask:
1. How easy it is to design around the patent?
If a competitor can easily design around the patent, then the existence of your patent does not add to the value of your business.
2. What is the product lifecycle?
Whether you are a life science or a technology company influences how valuable your patent is. When lifecycles are short, such as in technology companies, your enjoyment of patent protection is limited to the lifecycle of the technology usefulness.
3. Do I have the funds to protect my patent?
If not, consider getting insurance.
4. What is the market size of the product using my patent?
Even when your patent is infringed, how much value you can recover from the infringer is limited to the units sold of the infringed product. That, of course is limited by how large the potential market is.
5. Are you targeting venture funding?
Venture funds often require patenting your invention. That is because to obtain venture funding there is an implicit assumption that your idea will be worth at least $100M. With that kind of optimism, it would be unwise not to patent your invention.
This is all good for the United States. But how about global protection? Check out “Is My Patent Valid in the World?”
A patent gives the holder the exclusive right to the invention for 20 years. However, enforceability is a key issue to consider. Simply holding a patent does not stop your competitor from using your patent. Applications are often so vague that parties may disagree whether one is infringing or not. To enforce your rights, you may need to take legal action. It is estimated that a typical patent infringement lawsuit costs approximately $1M. Unless you have the funds to back your patent rights, merely holding a patent may not be useful.
Although it is possible to retain legal counsel on contingency, the market value of your patent should at least exceed the anticipated legal costs. If it would cost you$1M to defend a patent with market value of $250,000, it is a net loss situation.
Five questions to ask:
1. How easy it is to design around the patent?
If a competitor can easily design around the patent, then the existence of your patent does not add to the value of your business.
2. What is the product lifecycle?
Whether you are a life science or a technology company influences how valuable your patent is. When lifecycles are short, such as in technology companies, your enjoyment of patent protection is limited to the lifecycle of the technology usefulness.
3. Do I have the funds to protect my patent?
If not, consider getting insurance.
4. What is the market size of the product using my patent?
Even when your patent is infringed, how much value you can recover from the infringer is limited to the units sold of the infringed product. That, of course is limited by how large the potential market is.
5. Are you targeting venture funding?
Venture funds often require patenting your invention. That is because to obtain venture funding there is an implicit assumption that your idea will be worth at least $100M. With that kind of optimism, it would be unwise not to patent your invention.
This is all good for the United States. But how about global protection? Check out “Is My Patent Valid in the World?”
Is my patent valid in the world?
When you obtain a patent, your invention is protected only in the United States, unless you apply for protection in foreign countries. To obtain worldwide protection, you need to apply in each country, separately. The cost can run in hundreds of thousands to obtain such protection.
However, there is another danger to patenting to consider. When you file for patent protection, you will have to publicize and disclose to the world details about your invention. If you only patent in the U.S., nothing will stop a foreign competitor to copy your invention in China and Europe, as long as they do not import the “infringing product” into the U.S. In a sense, by patenting your invention, you may allow your competitor to legally “steal” your invention.
Therefore, it is crucial to give careful consideration to your patent strategy. Here are a few questions to ask:
1. Who is my competitor?
Whether you are competing globally or targeting a niche U.S. market, may determine whether worldwide protection is necessary.
2. What is the size of the worldwide market?
3. Where are some strategic markets you see expanding your product in the next few years?
Consider patenting in select few countries that matter to your business strategy. That way, you can control patenting costs.
4. How is enforceability in other countries?
You hit a sore topic for discussion. Not all countries have same attitude towards patents. Even when enforced, you may recover a token amount. Who will pay for your legal fees?
The value of the patent is another important element to consider. Read "When Is It A Good Idea To Patent Your Invention?" for more information.
Before you run out spending valuable cash on patent attorneys, assess your patent value and the level of business protection from such patent.
However, there is another danger to patenting to consider. When you file for patent protection, you will have to publicize and disclose to the world details about your invention. If you only patent in the U.S., nothing will stop a foreign competitor to copy your invention in China and Europe, as long as they do not import the “infringing product” into the U.S. In a sense, by patenting your invention, you may allow your competitor to legally “steal” your invention.
Therefore, it is crucial to give careful consideration to your patent strategy. Here are a few questions to ask:
1. Who is my competitor?
Whether you are competing globally or targeting a niche U.S. market, may determine whether worldwide protection is necessary.
2. What is the size of the worldwide market?
3. Where are some strategic markets you see expanding your product in the next few years?
Consider patenting in select few countries that matter to your business strategy. That way, you can control patenting costs.
4. How is enforceability in other countries?
You hit a sore topic for discussion. Not all countries have same attitude towards patents. Even when enforced, you may recover a token amount. Who will pay for your legal fees?
The value of the patent is another important element to consider. Read "When Is It A Good Idea To Patent Your Invention?" for more information.
Before you run out spending valuable cash on patent attorneys, assess your patent value and the level of business protection from such patent.
Saturday, July 3, 2010
How to Test for Credit Card Numbers?
Ever wonder if there is a method to the madness of credit card numbers? In fact, the series of digits are arranged in a way that makes validation quite simple.
Most major credit cards in the U.S. follow what is known as the Luhn algorithm. Starting from the right, multiply every odd digit by 1, and every even digit by 2. If any of the products is greater than 9, subtract 9 to arrive at a single digit number. Then sum all the digits. The result should yield a multiple of 10.
Let’s test this:
Next time you are handed a credit card number simply follow the Luhn’s formula. If you get a multiple of 10, the card is valid.
Most major credit cards in the U.S. follow what is known as the Luhn algorithm. Starting from the right, multiply every odd digit by 1, and every even digit by 2. If any of the products is greater than 9, subtract 9 to arrive at a single digit number. Then sum all the digits. The result should yield a multiple of 10.
Let’s test this:
Next time you are handed a credit card number simply follow the Luhn’s formula. If you get a multiple of 10, the card is valid.
Thursday, July 1, 2010
5 Tips to Help Prevent Bank Fraud
With the proliferation of online banking, fraudsters have devised clever ways to harvest userID and password information. My prior blog “Watch out SMBs for NEW banking fraud!“ explains how this is done. It is virtually impossible to defend against such malware. However, a few and simple measures can prevent your company from being a fraud victim.
The simplest approach is to train employees not to open suspicious emails. But, how often have we all been tempted to click on that unbelievable offer, or have simply trusted the source. Some of us still remember the “Anna Kournikova” contaminated email that many fell prey to. With the advance of computing tricks, it is likely that sophisticated fraudsters can send you emails using your friend’s addresses.
Here are 5 tips to help you safeguard against such criminals:
1. Designate a computer to access your bank account. Disallow email access and internet surfing on that computer.
2. Check banking activity DAILY, rather than month-end, and reconcile against legitimate disbursements.
3. Ask your bank to set up “dual controls” so that transactions require the approval of 2 people.
4. Use a less common web browser, such as Opera. The less popular a web browser, the less attention it attracts from fraudsters.
5. Establish a daily limit on how much money can be transferred out of your account. This can help protect against sudden large withdrawals.
It is key to remember that NOT all banks offer fraud protection. If you shop with a small regional bank, ask about fraud protection policies. You may consider purchasing insurance coverage for fraud losses.
Remember, it is better to be safe than sorry!
The simplest approach is to train employees not to open suspicious emails. But, how often have we all been tempted to click on that unbelievable offer, or have simply trusted the source. Some of us still remember the “Anna Kournikova” contaminated email that many fell prey to. With the advance of computing tricks, it is likely that sophisticated fraudsters can send you emails using your friend’s addresses.
Here are 5 tips to help you safeguard against such criminals:
1. Designate a computer to access your bank account. Disallow email access and internet surfing on that computer.
2. Check banking activity DAILY, rather than month-end, and reconcile against legitimate disbursements.
3. Ask your bank to set up “dual controls” so that transactions require the approval of 2 people.
4. Use a less common web browser, such as Opera. The less popular a web browser, the less attention it attracts from fraudsters.
5. Establish a daily limit on how much money can be transferred out of your account. This can help protect against sudden large withdrawals.
It is key to remember that NOT all banks offer fraud protection. If you shop with a small regional bank, ask about fraud protection policies. You may consider purchasing insurance coverage for fraud losses.
Remember, it is better to be safe than sorry!
Watch out SMBs for NEW banking fraud!
I recently was contacted by a friend warning me of a new fraud scheme perpetrated on his bank account. Over the past 9 months several unauthorized charges had gone unnoticed for a total of $1200 missing from his account.
Of course, this is NOT an unusual story. However, as a forensic accountant I dug a little deeper into his loss to discover the classic Spear-Fishing E-mail Scam.
Unfortunately, small to medium size businesses are the usual target for these scams as they tend to rely on smaller regional banks that lack the resources to institute proper safeguards and firewalls.
With the advent of online information sharing, such frauds have become easier to perpetrate. To pull off this scam, the fraudster needs the email address of an individual within an organization who handles financial transactions online. Often, businesses publish organization charts, and /or contact information of their staff on their website. Once the fraudster identifies the target, he will send out contaminated e-mail attachments or links to infected websites. When the attachment is opened or website visited the fraudster will install the malware “banking Trojan” that will harvest the bank access userID and password. This is, however, only half of the equation.
The second half is how the funds are transferred out without causing any red flags. For this, fraudsters use many unsuspecting individuals recruited to serve as “money mules”. Most of these individuals are recruited via advertisements or legitimate jobsites, such as Monster.com. Craiglist.com. They are hired to work from home to “process payments” and to direct the funds to the fraudster account via wire transfers or Western Union. They believe they work for legitimate businesses. One fraud scheme can utilize 100s of such “money mules” to cover up their tracks and make the fraud harder to identify.
Therefore, 100s of unauthorized payments from a victim’s account can go missing, starting in small increments and increasing gradually, causing small businesses to-date to lose over $100M, according to the Association of Certified Fraud Examiners.
To safeguard agains such frauds read my next blog "5 Tips to Help Prevent Bank Fraud"
Of course, this is NOT an unusual story. However, as a forensic accountant I dug a little deeper into his loss to discover the classic Spear-Fishing E-mail Scam.
Unfortunately, small to medium size businesses are the usual target for these scams as they tend to rely on smaller regional banks that lack the resources to institute proper safeguards and firewalls.
With the advent of online information sharing, such frauds have become easier to perpetrate. To pull off this scam, the fraudster needs the email address of an individual within an organization who handles financial transactions online. Often, businesses publish organization charts, and /or contact information of their staff on their website. Once the fraudster identifies the target, he will send out contaminated e-mail attachments or links to infected websites. When the attachment is opened or website visited the fraudster will install the malware “banking Trojan” that will harvest the bank access userID and password. This is, however, only half of the equation.
The second half is how the funds are transferred out without causing any red flags. For this, fraudsters use many unsuspecting individuals recruited to serve as “money mules”. Most of these individuals are recruited via advertisements or legitimate jobsites, such as Monster.com. Craiglist.com. They are hired to work from home to “process payments” and to direct the funds to the fraudster account via wire transfers or Western Union. They believe they work for legitimate businesses. One fraud scheme can utilize 100s of such “money mules” to cover up their tracks and make the fraud harder to identify.
Therefore, 100s of unauthorized payments from a victim’s account can go missing, starting in small increments and increasing gradually, causing small businesses to-date to lose over $100M, according to the Association of Certified Fraud Examiners.
To safeguard agains such frauds read my next blog "5 Tips to Help Prevent Bank Fraud"
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