What Patents Are Really Worth: The Economics of Patent Licensing

What Patents Are Really Worth: The Economics of Patent Licensing

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A patent’s legal scope is only the starting point in determining its economic value. What a patent is actually worth depends on the technology it covers, the products and markets it reaches, the availability of alternatives, the strength of the portfolio, the commercial leverage of the parties, and the risks associated with enforcement. In the standards context, the analysis becomes even more complex, as standard essential patents, FRAND commitments, comparable licenses, portfolio rates, geographic scope, and the value attributable to standardization all influence the economics of a license.

This panel will examine how sophisticated licensors, licensees, counsel, and valuation professionals assess patent value in real-world transactions and disputes. The conversation will explore royalty structures, comparable licenses, portfolio strength, litigation and validity risk, damages principles, SEP licensing, FRAND obligations, and the practical factors that drive parties toward—or away from—a deal. Panelists will also consider why reasonable parties can reach dramatically different conclusions about the same patents, how courts and regulators are influencing global licensing negotiations, and how legal rights, economic leverage, and commercial realities ultimately determine what patents are really worth.