Q. What is the difference between a Patent Valuation Report and a Patent Fairness Opinion?
A. A Patent Valuation Report is a thorough and independent examination of the subject patents based on all of the relevant information the analyst deems appropriate. A Patent Fairness Opinion is a review of the information considered by the principals of the patent transaction—often, together with outside data regarding issues such as market comparables—to determine the appropriateness of the valuation and deal terms given the objectives and constraints of the principals involved in the transaction.
Q. What should I look for in a firm that prepares Patent Fairness Opinions?
A. In short, both the analyst and firm writing the Patent Fairness Opinion should:
Q. What are my obligations to the firm I retain to write a Patent Fairness Opinion?
A. You should be prepared to provide the analyst with all relevant deal documents and materials used in formulating the patent valuation as well as those materials used to negotiate and structure the deal. The principals involved in the transaction must be prepared to devote several hours (as necessary) to analyst interviews. To ensure the analyst’s objectivity, you may be asked to pay most or all of the required retainer upfront.
Q. How long does it take to prepare a Patent Fairness Opinion?
A. The time necessary to prepare a Patent Fairness Opinion is a function of the clients’ ability to provide the necessary documentation and to schedule interviews and follow-up calls. In general, a Patent Fairness Opinion should be completed within four to six weeks of the receipt of the retainer.