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Business Models for Intellectual Property

December 10, 2017
MyTechnologyLawyer
Web Edition

The Intellectual Property techniques you select to protect your technology assets depends upon your business objectives. Most plans follow one of four basic models.

An "Open Licensing" business model typically derives revenue from research and development contracts. Basically, the "business" is the development of the intellectual property, which is often freely available to a constituency. Examples can include "open source" software development, federal government contracting and some R&D initiatives at Universities. Intellectual Property protection schemes most appropriate for this category of business models include copyright and contract law.

A "Proprietary Use" model emphasizes exclusive use of the intellectual property asset by the vendor to produce the service or result that is purchased by the buyer. Under these arrangements the technology is used exclusively by the vendor. The service or deliverable is delivered to the buyer, but the technology leveraged to provide the service is not delivered to the buyer. Typical examples include "advanced formulas" for products; algorithms or econometric models for analysis; "secret ingredients" and proprietary software tools. The "business" is the product or service, with the technology as a service differentiator justifying engagement of the vendor instead of the competition. These models typically leverage trade secret and trademark law.

A "Restricted Licensing" business model typically allows use of the Intellectual Property by the customer who pays a license fee and, usually, contracts for services rendered in connection with customer use of the asset. Examples include typical software licensing arrangements and ASP models. This model typically relies on a combination of copyright and trade secret provisions leveraged by contract.

"Product Sales" business models emphasize unit sales rather than time and materials. This is the strategy which typically emphasizes patent protection as a key component of the intellectual property plan.

Using these reference points in developing your intellectual property business objective can help you craft the most appropriate intellectual property plan.

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