Business Contracts Seeking licensing advice

R92024

New Member
Jurisdiction
California
First off, I know the chances of selling or licensing an idea for big bucks are not great. But I'm going to give it my best shot.

I've created an innovative product, and obtained IP protection on it.

I believe it's perfect for a particular international company to use as the centerpiece for a unique global marketing campaign.

I have made a prototype of the product, and put together a quality video presentation outlining the ad campaign.

If the company is interested, it could be worth a lot of money to them (their annual ad budget is $100 million). If they're not interested, I have a few other possibles to approach; hey, nothing ventured, nothing gained, right?

The goal is to enter into a licensing agreement.

I would want professional representation to give advice on negotiating the price and contract. (How would a price be determined anyway?)

Should I be seeking a Licensing Attorney, or a contracts attorney, or…?

Many thanks.
 
Last edited:
First off, I know the chances of selling or licensing an idea for big bucks are not great. But I'm going to give it my best shot.

I've created an innovative product, and obtained IP protection on it.

What kind of "IP protection"? Unless that protection is a patent I think you'll find your product is not protected.

Should I be seeking a Licensing Attorney, or a contracts attorney, or…?

If you don't have a patent, then I suggest you first stop should be a patent attorney. Otherwise, find an attorney experienced in selling/licensing products.
 
I've created an innovative product, and obtained IP protection on it.

I'm curious about your use of "obtained IP protection." Does this mean you have patented your invention? If not, what does it mean?

Should I be seeking a Licensing Attorney, or a contracts attorney, or…?

Any attorney who handles patent matters could potentially assist you (as long as you're willing to deposit a healthy retainer to cover fees).
 
What kind of "IP protection"? Unless that protection is a patent I think you'll find your product is not protected.



If you don't have a patent, then I suggest you first stop should be a patent attorney. Otherwise, find an attorney experienced in selling/licensing products.
 
Thanks for your reply.
I have a combination of copyright, trademark and design patent protection... but that's not the issue here.
It's finding an attorney experienced with licensing.
 
Thanks for your reply.
I have a combination of copyright, trademark and design patent protection... but that's not the issue here.
It's finding an attorney experienced with licensing.
As pointed out above - an IP attorney would generally be the right person to speak to, since that's what you're concerned about (protection of your intellectual property).
 
I have a combination of copyright, trademark and design patent protection.

Is this the same product mentioned in your post from July 2019? In that post, you told us that you had "a design patent on the appearance of a product," that your "design patent expires in a couple of years," and that you were "exploring whether to apply for copyright protection as well."

I wrote you a lengthy response that briefly touched on the distinction between design patents and copyrights. I also note that you mentioned that you'd been selling the product online for a decade, so it's certain possible that you acquired some trademark rights (although, again, trademarks rights cover something completely different from patents and copyrights).

In any event, you were also urged at that time to seek counsel, but it seems maybe you didn't heed that advice, so here you are again, asking about that very same thing. Strange.
 
Thanks. I did hire an IP attorney.
My question this time isn't about IP.
I'm asking for advice on the best person to handle negotiations for an international licensing deal. My IP attorney has zero experience with this; they focus purely on IP.
 
Thanks. I did hire an IP attorney.
My question this time isn't about IP.
I'm asking for advice on the best person to handle negotiations for an international licensing deal. My IP attorney has zero experience with this; they focus purely on IP.

Perhaps you might ask your TRUSTED IP attorney for recommendations for the attorney you need to negotiate a sweet deal on your behalf.
 
There's no such thing as "a Licensing Attorney, or a contracts attorney."

If your attorney is worth a diddle, he/she should be able to recommend or help you find someone to assist with your negotiations (if they happen).
 
Thanks. I did hire an IP attorney.
My question this time isn't about IP.
I'm asking for advice on the best person to handle negotiations for an international licensing deal. My IP attorney has zero experience with this; they focus purely on IP.
Licensing has EVERYTHING to do with IP. You are LICENSING your IP.
 
Back
Top