Proceedings of the 12th European Conference on Knowledge ...

Simona-Clara Bârsan, Mihaela-Georgia and Dan Săvescu
evaluation <strong>of</strong> <strong>the</strong> patenting costs, starting with <strong>the</strong> deposit data <strong>of</strong> <strong>the</strong> patent application and
continuing with <strong>the</strong> whole period <strong>the</strong> patent is in force;
evaluation <strong>of</strong> <strong>the</strong> income resulted from patenting;
analysis <strong>of</strong> <strong>the</strong> patent life;
evaluation <strong>of</strong> market.
2.2 Methods <strong>of</strong> calculation
During <strong>the</strong> evaluation <strong>of</strong> patent rights, <strong>the</strong> technical superiority <strong>of</strong> <strong>the</strong> invention reported to <strong>the</strong> known
state <strong>of</strong> <strong>the</strong> art is less important, <strong>the</strong> economic criteria standing in <strong>the</strong> forefront and attention being
paid to <strong>the</strong> generated pr<strong>of</strong>it.
One presents below an evaluation example <strong>of</strong> patent rights, by using equation (1) with <strong>the</strong> help <strong>of</strong>
which <strong>the</strong> material value <strong>of</strong> <strong>the</strong> rights deriving from a patent can be estimated (Savescu, 2009):
Vdr.br. = (Pn . TVP - ∑ C). KX (1)
in which:
Vdr.br. – material value <strong>of</strong> <strong>the</strong> rights arising from a patent;
Pn – net pr<strong>of</strong>it;
TVP – application time <strong>of</strong> <strong>the</strong> patented invention;
∑ C – <strong>the</strong> sum <strong>of</strong> <strong>the</strong> costs that form <strong>the</strong> invention commercial value, namely R&D, patenting,
advertising and publicity, market promotion up to <strong>the</strong> patented invention commercialization and those
for possible litigations.
KX – coefficient that represents <strong>the</strong> weighted average <strong>of</strong> <strong>the</strong> influence <strong>of</strong> some factors, such as:
invested capital;
social credit <strong>of</strong> <strong>the</strong> company;
management ability;
technical level <strong>of</strong> <strong>the</strong> specialized personnel;
ability to sell;
attractiveness and impression on public <strong>of</strong> design and quality assurance <strong>of</strong> <strong>the</strong> product promoted
through its brand;
influence <strong>of</strong> <strong>the</strong> superior technical characteristics <strong>of</strong> <strong>the</strong> patented product on <strong>the</strong> market (as
compared with similar existing products).
Ano<strong>the</strong>r evaluation method is <strong>the</strong> income capitalization method, whose equation is presented below
(Savescu, 2009):
Patent value = (∑ Operating revenues) / Capitalization rate (2)
The capitalization rate depends on <strong>the</strong> application field <strong>of</strong> <strong>the</strong> patented invention.
For dynamic fields, such as informatics, biotechnologies, nanotechnologies, <strong>the</strong> capitalization rate has
relatively small values, <strong>of</strong> 4...10%, while as for less dynamic fields (automotive, domestic appliances)
<strong>the</strong> capitalization rate is 15...25%. For construction materials, metallurgy and petrochemical industry,
<strong>the</strong> capitalization rate is even bigger, respectively 20...35% (Andriessen, 2004).
2.3 IP rights evaluation deriving from <strong>the</strong> patent
Some considerations regarding <strong>the</strong> patent rights evaluation are presented below:
<strong>the</strong> retail price <strong>of</strong> a product is based on <strong>the</strong> company level price, plus N% <strong>of</strong> it and, in this case,
<strong>the</strong> compensation is given by <strong>the</strong> value <strong>of</strong> "N ";
statistical method might be applied for obtaining standard compensations that are specific to each
area <strong>of</strong> activity and which may be, for example, 2 ... 5% in <strong>the</strong> chemical industry, 2 … 10% in <strong>the</strong>
pharmaceutical industry and 0,5 ... 5% in <strong>the</strong> electric industry;
to set up reasonable financial rights represents a lay intuition, being based on reasonable and
wise policies in business. The rule governing such evaluations and guidance can be obtained
through in-depth research on <strong>the</strong>se topics.
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