The five biggest patent privateers are Acacia Research Group, IP Navigation Group, MOSAID Technologies, Intellectual Ventures, and General Patent Corp. Each structures its deals with innovative companies (ICs) differently. And there is often room for ICs to negotiate.  

If a privateer offers the IC relatively little money upfront and a share of back-end licensing revenues, the IC should help ensure there will be a back-end. The contract should hold the privateer “accountable for achieving specific financial results over defined periods of time (typically, 24 months and 48 months),” says Erich Spangenberg, chair of IP Navigation. If the privateer fails to meet the targets, the IC should have the option to repurchase its patents at a nominal price.

An IC may want to add other contract provisions that encourage the privateer to license the patents. For instance, says Matthew Rappaport, managing director of IP Checkups, the IC might “consider using a tiered system of incentives to the privateer, dependent on the level of [licensing] success.”

The five biggest patent privateers are Acacia Research Group, IP Navigation Group, MOSAID Technologies, Intellectual Ventures, and General Patent Corp. Each structures its deals with innovative companies (ICs) differently. And there is often room for ICs to negotiate.  

If a privateer offers the IC relatively little money upfront and a share of back-end licensing revenues, the IC should help ensure there will be a back-end. The contract should hold the privateer “accountable for achieving specific financial results over defined periods of time (typically, 24 months and 48 months),” says Erich Spangenberg, chair of IP Navigation. If the privateer fails to meet the targets, the IC should have the option to repurchase its patents at a nominal price.

An IC may want to add other contract provisions that encourage the privateer to license the patents. For instance, says Matthew Rappaport, managing director of IP Checkups, the IC might “consider using a tiered system of incentives to the privateer, dependent on the level of [licensing] success.”