Contrasting patent licensing with self commercialisation of an invention as a startup

In the dynamic realm of innovation and technology, two distinct paths emerge for bringing a new invention to market: licensing a patent and startup commercialization. These paths, while interconnected, offer distinct strategies for leveraging intellectual property and capitalizing on groundbreaking ideas. Both approaches aim to transform a novel concept into a profitable reality, yet they diverge in terms of control, risk, resources, and long-term goals.

Licensing a Patent:

Licensing a patent involves granting permission to a third party (often a company or individual) to use, produce, or sell the patented invention. In this arrangement, the patent holder retains ownership of the intellectual property but transfers certain usage rights to the licensee in exchange for financial compensation. This approach can be advantageous for inventors who lack the resources or desire to enter the market directly. Some key aspects to consider when licensing a patent include:

1. Reduced Risk: Licensing transfers much of the commercialization risk to the licensee, who assumes the responsibility for production, distribution, marketing, and associated costs.
2. Lack of Control: While licensing offers a streamlined way to monetize an invention, it may entail relinquishing control over how the technology is marketed, developed, and improved.
3. Financial Benefits: License agreements typically involve upfront payments, ongoing royalties, or a combination of both. This can provide a steady stream of income to the patent holder without the need to manage day-to-day business operations.
4. Expertise Leveraging: Licensing can enable inventors to tap into the expertise, resources, and market presence of established companies, potentially accelerating the adoption of their technology.
5. Limited Involvement: Inventors may have minimal involvement in the commercialization process, focusing instead on further research and development or pursuing other projects.

Startup Commercialization:

Startup commercialization involves creating a new company to develop, produce, and market the patented invention. Unlike licensing, this approach requires a more hands-on approach to building a business from the ground up. Here are key aspects to consider when pursuing startup commercialization:

1. Full Control: Entrepreneurs who opt for startup commercialization have complete control over the direction, development, branding, and strategic decisions of their company and technology.
2. Higher Risk and Reward: While startups carry greater risk due to upfront investment and market uncertainties, they also offer the potential for higher rewards, including substantial profits and company valuation growth.
3. Resource Intensive: Launching a startup demands substantial resources, including capital for research and development, production, marketing, and operations. Entrepreneurs must secure funding, often from venture capitalists, angel investors, or crowdfunding.
4. Direct Market Engagement: Startups have the advantage of engaging directly with customers, allowing them to gather feedback, adapt quickly, and build a loyal user base.
5. Innovation Evolution: The startup route enables inventors to continuously iterate and improve their technology based on market feedback, potentially leading to new iterations and applications beyond the original patent.
6. Long-Term Vision: Entrepreneurs pursuing startup commercialization are often driven by a long-term vision of building a sustainable business that extends beyond the initial invention. This involves fostering a company culture, scaling operations, and expanding product lines.

Both licensing and commercialisation

It is possible to commercialise the invention as a startup in one territory or field of business, while licensing a licensee to commercialise it in another. this will depend on the technology type and what can be negotiated with the licensee.

In conclusion, the decision between licensing a patent and pursuing startup commercialization hinges on an inventor's goals, resources, risk tolerance, and desire for control. Licensing offers a less hands-on approach, allowing inventors to monetize their invention without the operational demands of running a business. On the other hand, startup commercialization offers the potential for greater rewards, control, and the satisfaction of building a company from scratch. Both approaches can be successful, provided that inventors carefully assess their circumstances, seek expert advice, and align their strategy with their long-term objectives. Ultimately, the chosen path will shape how the innovation journey unfolds, influencing not only the inventor's financial success but also the impact of the invention on society at large.

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Mike Biagio

Mike Biagio has had previous experience in research and development and project engineering before becoming a patent attorney. Mike has been involved in specialist intellectual property law since 2001 in a variety of countries including South Africa, New Zealand and Australia, and has more than 21 years of experience as a patent attorney in obtaining patents and designs around the world for his clients.

Mike has been a lecturer and regular mentor at UNSW, University of Wollongong, and University of Sydney for a number of years, and has advised start-ups at incubators/accelerators on intellectual property and ideation.