FAQ

BUYER/LICENSEE QUESTIONS:

  1. Click on SEARCH from the main menu.
  2. Enter your search criteria in the left hand column choosing AND or OR to widen or narrow your search.
  3. Click GET RESULTS, the results then being displayed in the right-hand column.
  4. Click on the title of any one of the technologies displayed to see the details of the application as filed, the asking price and the licensing opportunities.

patent marketplace

  1. After locating a relevent patent application, click on the title, which will open a pop up showing detailed information about the selected patent.
  2. In this pop up, scroll down until you see the CONTACT AGENT button and click it.
  3. On the CONTACT AGENT page, complete the fields to identify yourself (these details only will be sent to the agent), including your email address.
  4. Make your country selections, by clicking on the applicable region, and then clicking on the circle corresponding to countries and the purchase and/or license selections that you wish to make (some are disabled, indicating that they aren’t available).
  5. When you have completed making your selections, click SEND to submit an email to the agent with your information and selections.
  6. Click anywhere outside of the pop up window to close the window and return to the general search results page.

patent rights market

SELLER/LICENSOR QUESTIONS:

patents market

  1. If you are not already a member, click on BECOME A MEMBER found under LICENSE OR SELL in the main navigation menu (see How do I become a member? below for more).
  2. If you are already a member, login and choose ADD PCT APPLICATION under LICENSE OR SELL in the main navigation menu.
  3. Complete the PCT application number using the two fields and the formatting protocol indicated.
  4. Confirm the truthfulness of the noted representations by checking the I agree that the above statements are true checkbox.
  5. Click ADD PCT APPLICATION.
  6. Confirm that the correct PCT Application has been selected by reviewing the auto populated data presented, and if so, click INPUT PRICING INFORMATION at the bottom of the page.
  7. Check Seller will require standard contract terms with buyer to prohibit grey marketing of the technology outside of the jurisdiction acquired by purchaser if appropriate.
  8. Check ISA’s Written Opinion is that at least one claim is novel, inventive and has industrial applicability if appropriate.
  9. On a country by country basis, indicate the purchase price and licensing availability. Each region has auto-fill fields for either a purchase price or an indication of licensing availability. Editing these fields will populate all of the countries in that region, but values may be amended on a country by country basis as appropriate.
  10. Once all of your selections have been made, click the SAVE button to save the data to the PCTxs database for viewing by potential purchasers or licensees.

buy and sell patents

  1. Membership is free. Click on BECOME A MEMBER found under LICENSE OR SELL in the main navigation menu.
  2. Complete the registration form (all fields are required), and then press the REGISTER button at the bottom of the screen, whereupon a confirmation email will be forwarded to you.
  3. Once your email arrives, click the link provided to retrieve your auto-generated password. You can change it at this time if you wish. Once you submit your password, you are a member and can log in.

license patents

  1. If you are already a member, log in and click on LICENSE OR SELL and select YOUR PROFILE in the main navigation menu.
  2. Complete the modification by changing any of the fields with updated information.
  3. Click UPDATE PROFILE.

WHEN TO USE PCTXS:

patents market

(This is the Baseline Scenario and it will later be used for comparison purposes, allowing us to have a baseline against which to develop, consider and discuss more complex scenarios)

Q. [Q: from PCTxs, Canada]: The owner of an International Patent Application (IPA) is six months away from the 30/31 month deadline (and, in the case of Canada, 42 months, upon payment of a small additional fee) to enter the National Phase (NP), with no ability or interest by the owner in working the technology directly; and despite all efforts to date, no realistic opportunity for licensing or selling the technology has been found. Should the owner use PCTxs to offer for sale or license the technology?

A. [A: from PCTxs, Canada] Subject to local laws and some very basic due diligence: Yes, use PCTxs. Use of PCTxs in this scenario to increase the potential opportunity to sell or license these rights could generate significant commercialization opportunities with very little downside risk.

Some of the pros and cons are set out below:

Pros (in favor of using PCTxs):

1. If the owner uses PCTxs, the potential opportunity to sell or license these rights may be significantly increased, reducing the possibility that these rights will be wasted.
2. PCTxs is free. There is no cost associated with posting technology on PCTxs.
3. The effort to enter data into the system is absolutely minimal, taking less than 10 minutes per IPA, as PCTxs substantially auto-populates the relevant data.
4. Other efforts to commercialize may continue in parallel with PCTxs.
5. Within PCTxs, the IPA itself functions as a sales brochure, not just a source of potential legal rights.
6. Even if no license/sale deal is reached, an increased awareness of the owner may be generated.

Cons (against using PCTxs):

1. The interest in the technology may come from a previously unknown party, requiring added due diligence in relation to any proposed transaction with that party.

license patents

Q. [from PCTxs] The owner of an International Patent Application (IPA) has just received a positive Search Report and Written Opinion at 16 months, which is 14 – 15 months away from the National Phase (NP) deadline, with no ability or interest by the owner in working the claimed technology directly; and despite all efforts to date, no realistic opportunity for licensing or selling the technology has been found. Should the owner request early publication of the IPA and use PCTxs to offer for sale or license the technology (recall that the owner may request the International Bureau pursuant to Article 21 (2)(b) to publish the IPA in advance of the typical 18 month publication date)?

A. [from PCTxs] Subject to local laws and some very basic due diligence, YES, use PCTxs. Use of PCTxs in this scenario to increase the potential opportunity to sell or license these rights could generate significant commercialization opportunities with very little downside risk, unless there is a specific reason for keeping the technology secret for several additional months (eg. the technology is not yet fully developed, has not been fully disclosed elsewhere in publications or the marketplace, and the owner doesn’t want the competition to learn about the technology until the end of the 18 month pre-publication period).

Some of the pros and cons are set out below:

PROs (in favor of using PCTxs)

1. See the list of 6 PROs indicated in the answer to Q1 below (not re-listed here for reasons of brevity).
2. Several extra months of publication will extend the commercialization opportunity through PCTxs.

CONs (against using PCTxs):

1. See the list of 2 CONs indicated in the answer to Q1 below (not re-listed here for reasons of brevity).

2. In some cases, early publication may be disadvantageous, should the owner want to keep the technology secret for several additional months.

Q. [from PCTxs, Canada] The owner of an International Patent Application (IPA) is concerned that the technology will fall into the hands of an unfriendly competitor, or an entity that has no intention of practicing the invention. Should the owner use PCTxs?

A. [from PCTxs, Canada] SUMMARY ANSWER: Subject to local laws, some very basic due diligence and appropriate license terms (such as enforceable minimum sales quotas or performance criteria, relevant reps and warranties, audit rights, and non-assignability provisions). YES, use PCTxs. Use of PCTxs in this scenario to increase the potential opportunity to license these rights could generate significant commercialization opportunities with very little downside risk.

Discussion:

The same criteria would be applicable to any license negotiated by the owner with a prospective licensee, regardless of whether PCTxs is used or not to introduce the owner to the prospective licensee, including:

1. Appropriate due diligence to verify the identity of each licensee (with relevant representations and warranties).

2. The license agreement should have strict, enforceable sales quotas or performance provisions requiring an agreed-to minimum level of performance by the licensee (allowing for the cancellation of the license in the event that the performance provisions are not met), and audit rights.

3. The license agreement should have relevant and strict “non-assignability” provisions.

Q. [from PCTxs, Canada] The owner of an International Patent Application wishes to sell or license national phase patent rights using PCTxs to facilitate the commercialization of these rights. Is it really FREE to commercialize these rights by way of PCTxs, and if so, how will PCTxs make any money?

A. [from PCTxs, Canada] SUMMARY ANSWER: Yes, it’s FREE.

Discussion:

1. We have made a long term commitment to make technology transfer and commercialization, easy and affordable.

2. We have committed to never charge universities and legitimate not-for-profit institutions to become members of PCTxs or to post their technologies on PCTxs. And if they are successful in commercializing their technology through PCTxs, they will never be charged for doing so.

3. We also make PCTxs available for use by individual inventors, and owners of patent rights, including corporations and other institutions. We have committed to never charge individual inventors, and owners of patent rights, including corporations and other institutions to become members of PCTxs or to post their technologies on PCTxs.

4. In the near future, we expect to generate some revenue to support PCTxs by way of offering (selling) sponsorships, advertising and enhanced promotional and other opportunities for the technology commercialization process. If you have any recommendations in this regard, we would be pleased to consider them.