In Article I, Section 8 of the Constitution of the United States it says, " Congress shall have power [...] to promote the progress of science and useful arts by securing for limited times to inventors the exclusive right to their respective discoveries."

Sadly, the value of a patent is generally determined by the courts. Most litigation involves infringement, but there are also other lawsuits regarding ownership and inventorship and SEC anti-competitive allegations. Let IPStreet.com help you better protect against patent infringment, better utilize patent search tools and patent your invention under the guidance of an experienced patent lawyer.

What is a normal royalty fee? How are fees generally determined? How can we grasp which patent portfolios are the best bang for the buck? With IP Street, you can demystify the complex which enables you to identify both inbound- and outbound- licensing strategies.

If the complexities of legalities seems simple, you may want to consider becoming a patent agent or patent attorney. If you are a do-it-yourselfer (DIY), you may want to get David Pressman's book "Patent it Yourself" or David Hitchcock's book "Patent Searching Made Easy". If you are like the rest of us, this process does not seem simple. Sure it may cost some money to engage someone to guide you through this process, so you need to carefully consider your innovation in context of (1) is it patentable? and (2) is it a viable business opportunity? It may, however, be in your best interest to learn as much as you can about the system and then hire a competent patent attorney to get the job done. Just think what it would cost to great idea, poorly patented, which may ultimately cost you "like a bigillion dollars in lost royalties or something like that."

Here are five common factors that often determine the worth of an invention. (1) Importance of a Patent: For breakthrough patents, a.k.a. foundational patents, the patents are so innovative that they give the owner a complete monopoly over an entire industry and are extremely valuable, often worth billions of dollars. Although most patents never reach these heady heights they are nevertheless valuable in that they can force a competitor to start innovating to keep pace with new and improved technologies and products in the market. Incremental patents, which make only small advances over existing products, are usually the least valuable though this may not be always so. A question that is often asked in relation to endeavoring to put a price on a patent is 'How much would my competitors pay to use my protected product or process?' (2) The Market: Market size, the number of products that are likely to be made and the cost of each product also have a significant bearing on the value of a patent. What sort of sales can the patent be expected to support, and for how long? A good example of an article which has significant market presence is the ubiquitous Intel chip that is reported to have a value estimated in the billions of dollars. (3) The Patent Term: Patents have a maximum life of 20 years and, therefore, a 20-year potential monopoly. Patents that are just beginning their life and which have longer to run on the their potential monopoly position understandably will have more value. It is rare that a patent nearing the end of its term will cause a great threat to its competitors. It is almost certain that they will have devised technologies or products of their own by then that will not interfere with the patent owners monopoly position. In addition, one has to take into consideration the potential business life of a patent, i.e., the duration, which a patent is likely to be economically useful, if other subsequent patents are providing better alternatives to it. (4) Amount of Prior Art: The number of cited documents or patented products populating an area of innovation also has an effect on the value of a patent. Generally, if the particular product is one of many products of a similar type then the consumers' options de-value the patent of interest, yielding a relatively smaller premium than, for example, a stand alone patent with a captured customer base and no adjacent competition. (5) Patent Significance: Every patent has its own significance in a particular area and will usually form part of an overall IP strategy either to maximize its earning potential or to allow other patents to maximize theirs. Examples of such patents are those that are used to block other key players from gaining a foothold in a market. Yet other examples are those patents that are additional to an original patent and rely on the protected matter in the original patent to successfully operate. It is not uncommon for drug companies or telecom companies to take out further patents protecting a strong first generation of patents, thus securing a big chunk of a market and the ability to negotiate licenses and royalties from the protected, but much desired technology.