Article · Intellectual Property

Monetizing a Patent Through Licensing: From Valuation to Term Sheet

Type
Article
Jurisdiction
National
Date
2026-01-24
Topic
Intellectual Property

This resource maps the full path of monetizing a patent through licensing, from deciding whether the patent is a credible licensing candidate at all, to valuing it under the cost, market, and income approaches, to structuring and documenting the deal. It explains the Georgia-Pacific reasonable-royalty framework, the apportionment rules that discipline the royalty base, and the choice among exclusive, sole, and non-exclusive grants, along with the field, territory, and time hybrids in between. It details the royalty architecture of upfronts, running royalties, minimums, and milestones, and the protective machinery of audits, warranties, and indemnity. It then works through the doctrinal traps that override private bargains—the Brulotte and Kimble bar on post-expiration royalties, the Lear right to challenge validity, patent exhaustion, misuse, and the marking penalty—before closing with an annotated term sheet and the special rules for university and standard-essential licensing. It is educational, not legal advice.

Monetizing a Patent Through Licensing: From Valuation to Term Sheet

Intellectual Property > Patent Licensing | Published 24 January 2026 - Updated 1 March 2026 | UpLaw - uplaw.us

A patent is a right to stop other people. Licensing is the machinery that turns that negative right into a positive one—cash—without the patent owner ever building a factory. This resource follows the deal from first triage through the signed agreement and the doctrines that can silently void it.

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