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Patent / Licensing Pricing Formula
si-perth's Avatar
Shane Bell

As an inventor I have struggled recently with how to come up with a fair and emotionless way to give potential buyers pricing for licensing my patents or buying them outright. I have looked online and found a few bits of information but not found anything yet that gives me a definitive formula for how to do it. I may be wrong and there may be one out there but I would like to know if there is something better, or whether this one sounds ok to the innovative community.

Basically where I start is by researching the cost to manufacture by the thousand and make an emotionless call on what the goods will realistically sell for.

So establish an ‘approximate cost of goods’ and an RRP. Subtract the ACOG from the RRP. Then you have a Gross Profit.

These figures are the key.

RRPACOG = $GP

The formula is very lenient in assuming that the buyer will only sell 5 units of your product a day across their network / stores in a given year (so pretty fair by my thinking). Equalling 2000 units per year. We are taking 50% of the GP for the first 2000 sold in the first year on a licensing deal to cover the costs of prototyping and patenting as well as giving them the right to take our IP and sell it for profit. We then take only 8% royalty (8% seems to be an industry standard as far as my research goes) after that first 2000 are sold for the life of the product.

The number is 5000 units before royalties kick in if you are selling the patent.

Please note below that formulas are hard to post but I have an excel spreadsheet with the formulas already done and can send to anyone who would like to test the theory. Forget BODMAS for a minute and just read the below as a step by step.

So you have (X-Y/100) x 50 and then times by Z (which is either 2000 or 5000 depending on what you are doing.

On a product that has a retail value of $100 and $30 manufacturing cost that means that if you were licensing the patent to a company you could look them in the eye and ask for $70,000 for the right to use your IP with 8% of GP after the first 2000 have sold and $175,000 to buy the patent outright with 8% of sales after the first 5000 have sold.

Now this seems a fair and reasonable way to me to decide what the numbers are when I walk into a meeting to discuss licensing or purchase deals. I can show a potential client that I am not just pulling numbers from the air and that the number is not an emotional decision based on my effort in creating the product. It is rational and realistic number that I can explain and show them where it came from.

As I said there may be a better way out there and what I have typed makes sense to me but might not be properly explained here. If there are any interested people I will pop the Excel file somewhere online and people can test the theory. Once you put numbers in it makes more sense.

This is not a money making thing and I will pop it up for everyone to use if it makes sense. I just want to be able to look a buyer in the face with solid and reasonable numbers that work for us both.

I truly appreciate any constructive feedback that will help me make this better and improve this important part of my business.

posted January 01, 2012 06:47 (
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corsaire's Avatargold
Greg Rotz
53,000
Insider Points

I suppose there is some wiggle room on royalty rates based on industry. But one thing that seems clear from my readings is royalties are based on the distributor pricing. So, the starting base is half your number.

The licensee has even higher costs (design, packaging, sourcing, tooling, etc.) The difference being yours is spent and their’s is hypothetical and a key factor in making their risk vs. reward assessment on whether to gamble on my product. Royalty structures I’ve seen elsewhere work the opposite of yours where the manufacturer takes a larger cut in initial sales to cover their up front costs.

posted January 02, 2012 06:15 (
)
si-perth's Avatar
Shane Bell

Thank you Mr. Brown. Those are some very interesting points. I will take them into consideration when re-working the formula to try and get it right. I appreciate your advice on this!!

posted January 02, 2012 05:12 (
)
rogerbrown's Avataren_staff_badge
Roger Brown
Insider Points

My question would be after you total your cost and your profit margin into the price and considering the fact that if you are selling to a distributer that in turn is selling to the chain stores and they all add their cut to the product will it still be at a price the consumer will buy it? If not then it will need to be adjusted. Most people along the food chain add 50% to what ever their costs were to the next buyer and so on until you reach the consumer.
The industry average for royalties is 3% to 5%. If you can get 8% I would grab it. You mentioned 2000 units per year. Most manufacturers especially in China are looking for runs of around 5,000 units to make it worth their trouble. If it is a high end product you can get them lower becuase they will already be making more per unit on smaller runs.
Selling patents is rare since most companies would rather license it than pay a lump sum to buy a patent on a product that may have a short shelf life. Licensing it from you reduces their investment to get started.

posted January 01, 2012 12:48 (
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