What if we are pre-revenue?
We generally require $5M+ annual revenue or a strong enforcement case. If you are getting close to that number, let’s have a discussion. If you are pre-revenue, let’s wait until you have your first few customers. We require actual revenue because that is the simplest way to prove that the idea has commercial value. Your idea may…
Read MoreWhat if my patents are being infringed?
In our view, infringed patents are the best indicator of value. We can structure capital for enforcement, including pre-litigation strategy and litigation finance, where appropriate. We can also structure a loan that gets paid off by proceeds from the litigation.
Read MoreWhat are typical terms for an IP-backed loan?
Our typical terms are 2-5 year loans, often with a period of interest-only payments. The interest rate varies based on the risk and your situation, but will be less than half the cost of venture capital. We may or may not insure the IP-backed loan, but we handle that on our end. You are not…
Read MoreHow are IP-backed loans cheaper than VC money?
Venture capital is priced to cover the fact that most of their investments fail — so they need outsized returns from the 1 out of 10 that succeed. That means selling equity at a very high effective cost of capital (which typically averages 50% IRR). With IP-backed lending, we’re underwriting against the strength of your…
Read MoreAre IP-backed loans essentially venture debt?
We look at loans in a similar way to venture debt, but with a big difference: we can give you credit for your IP. Because we can enforce/license/sell IP, we have ways of recovering a loan value in a default. This is something that other lenders do not have. A mortgage bank has expertise and…
Read MoreHow does the written description requirement differ from enablement in patent applications?
The written description requirement and enablement are distinct but related concepts in patent law. According to MPEP 2163.03: “While there is a presumption that an adequate written description of the claimed invention is present in the specification as filed, In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976), a question as…
Read MoreHow does the “written description” requirement relate to the enablement requirement?
The written description requirement is distinct from, but related to, the enablement requirement in patent law. As stated in MPEP 2304.02(d): “The written description requirement is separate and distinct from the enablement requirement. Ariad Pharm., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1340, 94 USPQ2d 1161, 1167 (Fed. Cir. 2010) (en banc).” While…
Read MoreHow is the written description requirement different from the enablement requirement?
The written description requirement is separate and distinct from the enablement requirement. This distinction is explained in the MPEP, citing Ariad Pharm., Inc. v. Eli Lilly and Co.: “If Congress had intended enablement to be the sole description requirement of § 112, first paragraph, the statute would have been written differently.” The MPEP further clarifies:…
Read MoreWhat is the difference between the written description and enablement requirements in patent law?
What is the difference between the written description and enablement requirements in patent law? The written description and enablement requirements are both part of 35 U.S.C. 112(a), but they serve different purposes in patent law. According to the MPEP 2161: “The written description requirement is separate and distinct from the enablement requirement.” Here are the…
Read MoreWhat is the relationship between the written description and enablement requirements?
The written description and enablement requirements are separate and distinct, as stated in the MPEP: “This requirement is separate and distinct from the enablement requirement.” While both requirements are part of 35 U.S.C. 112(a), they serve different purposes: The written description requirement ensures that the inventor had possession of the claimed invention at the time…
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