Buy-Side Brokerage ~ Patent Acquisition Services
Discrete, Confidential Service for Stealth-Mode BuyersTynax sources quality high-tech patents for active buyers worldwide. We specialize in finding the needle in the haystack--the litigation-quality patents that are hidden from view and are difficult to track down.
There are several very compelling reasons for patent buyers to acquire in stealth mode. We shield patent buyers from sellers by keeping their identities confidential throughout the patent evaluation and transaaction process.
Unique Software Matching Buyers with Patents
The proprietary software Tynax has developed in-house is customized to match buyers with patents and enable our staff to quickly search through thousands or millions of patents to find matches.
Tens of Thousands of Patents On Tynax Exchange
Patent holders and brokers submit their patents for discrete consideration by Tynax buying clients on this online exchange. At any point in time, there are at least 20,000 high-tech patents on the market for sale, and Tynax searches these patents on behalf of our buying clients.
Hundreds of Thousands of Patents from Willing Sellers
Having identified the holders of the highest-quality patents, Tynax engages with the patent holders and identifies the organizations that are prepared to sell patents under certain conditions. The patents that are flagged as potentially available for sale is now in the mid six-figures and we are able to search and find patents that are not on the market for sale, and have never been on the market for sale, but can be acquired at the right price.
Custom Analytics to Identify Quality Patents
Our buyers are usually looking for patents with short, assertable claims, early priority dates and robust construction. There are lots of criteria involved in ranking and rating patents, and having worked with many active buyers over the years, Tynax has developed a unique patent analytics system that ranks and even values patents and portfolios.
Our system can search through thousands of patents in a matter of a few hours, ranking and sorting them so that the uninteresting candidates can be eliminated and the quality candidates can move on for further evaluation.
Efficient, Scientific Sourcing Process
Each step of the patent searching, matching, analytics, evaluation, transaction negotiation and closing process has been studied and built into our unique customer relationship management system. The systems helps us to move a search project from client specifications through to transaction closing, providing valuable checklists and tracking the progress at each step of the way.
We provide our clients with an online console where they are able to monitor all the patents under review, assign analysts to evaluate patents and track all aspects of the patent purchase transaction.
Patent buyers typically work in teams with a team leader who makes purchase decisions and analysts who evaluate patents. Our system is designed to enable online collaboration between all members of the patent buying team. The team leader assigns a portfolio, or patent, to an analyst for review, the analyst makes a recommendation and the team leader then makes a decision on whether to purchase the patent(s) under question. The system allows teams to be formed and team members to collaborate efficiently online.
Private Label Patent Intake System
Patent buyers are often inundated with patents to review and calls from sellers and their agents. Our private label patent intake system acts as an extension of the company's website and facilitates the submission of patents by sellers and brokers. Patent buyers are freed from the burden of providing updates with sellers and patent brokers, as the whole analysis and purchase process is automated. Sellers can view the status of their patents through the online patent intake system, and receive automated email alerts on the progress. The private label patent intake system not only increases the number of patents submitted for evaluation, but streamlines the process, relieving buyers from the responsibility of interfacing directly with anxious sellers and their brokers.
Where a buyers is looking to launch an aggressive campaign, designed to attract large numbers of patent submissions, Tynax is able to orchestrate and manage the entire promotion, from market outreach to collecting submissions online, evaluating patents, communicating with sellers and handling the patent purchase negotiations. Our automated system enables us to handle outreach campaigns attracting thousands of patents.
Typical Technology SectorsAll types of technology can be sourced through an outbound search. However, the sectors where this is most prevalent are those experiencing active patent litigation.
Typical OrganizationsSellers are usually small patent holders and corporations pruning their portfolios and divesting of non-core assets. R&D labs are also sometimes open to the idea of selling patents. The buyers include patent pools, investors and multi-national corporations in fast-moving high-technology sectors.
Depending on the nature of the assignment, the process of sourcing and acquiring new technologies, patents and portfolios can take between 3-9 months. Some clients have ongoing sourcing needs so the process continues for several years. Here are some of the steps involved:
- Brief Tynax on your business & requirements - The process starts with Tynax gaining an understanding of your objectives, customers, markets, channels, existing patents, products and technology platforms.
- Conduct outbound search - Tynax takes the buyer's requirements and creates custom online searches for patent holders and organizations with matching assets for sale.
- Setup online management console - The buyer is provided with an online console to manage the patent sourcing process.
- Setup team for sharing & collaboration - A team leader typically works in a team with a number of analysts. The team and sharing settings are created on the Tynax system and customized to the client's needs.
- Create (optional) private label patent intake system - This is where Tynax provides a custom patent submissions system that is private labeled with the clients branding and embedded in the buyer's own website.
- Syndicate "Patent Wanted" listings - Tynax syndicates patent- and technology-wanted listing through the online exchange and its broker network.
- Prepare candidate short lists - After reviewing the patents and portfolios matching the client's interest, a short list is prepared.
- Approach patent holders - Tynax approaches the patent holders and explores their interest in potential licensing or technology transfer.
- Deal Negotiation - The pricing and structure and terms of the acquisition are discussed. Tynax can act as buyer's agent to handle these negotiations.
- Agreement - Offers are accepted and deal terms are agreed by the parties.
- Patent purchase agreement are exchanged - The papers are prepared and exchanged.
- Due diligence - The buyer's lawyers conduct due diligence to ensure the seller has clean title and investigates patent validity.
- Closing - The legal documents and due diligence processes are completed by lawyers representing the buyer and seller. The transaction is closed and ownership of the patents and other assets is transferred.
Common ConcernsClients looking to acquire patents are often concerned that their interests are confidential and are not disclosed to the seller market. Working through intermediaries, the identity of the buyer can be shielded from the seller up to the point of the closing--although this is unusual and the name of the buyer is normally disclosed at or before execution of the NDA. In extreme cases, anonymity can be maintained throughout the process and the assets can be acquired by a shell company or agent acting for an undisclosed buyer.
Key Negotiation PointsPricing is always a significant factor in these negotiations, however, other issues are sometimes even more important in finding win-win deal structures that meet the demands of each of the parties. The scope of the license back can be a source of much discussion. The seller wants to maximize flexibility in the scope of the license back while the buyer wants to restrict the scope so that it does not interfere with their patent rights.
Representations and warranties as to clean title and patent validity are often sources of negotiation and debate between the buyer and seller.
Why Tynax?With a unique software platform designed to automate the patent sourcing process, global reach and extensive deal-flow, Tynax has access to a larger pool of patents from individual inventors, startups, large corporations, R&D labs and other sellers worldwide.
By acting as intermediary, Tynax can help negotiate the best prices and terms for its clients. Tynax provides a fast, quiet and efficient service for stealth-mode clients looking to acquire patents without alerting their competitors to strategic directions.