Patents as NFTs: Tokenization and Implications for Ownership, Valuation, and Licensing; Securities Law Compliance

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Tuesday, July 20, 2021

Recorded event now available

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Course Materials

This CLE course will provide guidance on patents as non-fungible tokens (NFTs). The panel will discuss the current trends related to NFTs representing patents, examining the benefits and challenges, and even viability of such a system. The panel will discuss ownership, transferring ownership, valuation, and other issues as well as address potential concerns related to securities laws. The panel will offer best practices for leveraging NFTs to maximize patents' value and minimize the risks.

Description

NFTs are the latest sensation and can represent almost any real or intangible property. Recently True Return Systems and its owner decided to auction a U.S. patent on the NFT marketplace with bidding starting at over $7 million.

Patents and other IP as NFTs offer benefits but also come with risks. For example, tokenization may allow for patents to be sold, traded, and monetized. One goal is an ability for both large and small businesses to more easily leverage the IP asset if they need additional funds. Another goal is to simplify how value is assigned to patents.

There are potential concerns with NFTs representing patents, including compliance with securities laws. NFTs are only worth what someone is willing to pay and could mean the value would be very unpredictable, as the Bitcoin market has demonstrated. Further, damage to the brand or IP may be difficult to repair.

Listen as our authoritative panel of patent attorneys examines the current trends related to NFTs representing patents. The panel will discuss the benefits and challenges of NFTs representing patents and the related issues, including ownership, transferring ownership, valuation, and data. The panel will also address potential concerns related to securities laws. The panel will offer best practices for leveraging NFTs to maximize patents' value and minimize the risks.

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Outline

  1. Current trends
    1. IBM and IPwe
    2. Patent auction
  2. Ownership and transferring of ownership/rights
  3. Valuation
  4. Securities laws
  5. Best practices for leveraging NFTs and minimizing risk

Benefits

The panel will review these and other high profile issues:

  • What IP issues are implicated when the NFT changes hands?
  • What are the potential concerns related to securities laws?
  • What steps can patent owners and their counsel take to leverage NFTs while minimizing the risks?

Faculty

Marino, Fabio
Fabio E. Marino

Office Managing Partner; Chair of the Intellectual Property and Technology Litigation Group
Polsinelli

Mr. Marino is an experienced intellectual property trial attorney. He tries high-stakes patent, trade secrets, and...  |  Read More

Sophir, Eric
Eric L. Sophir

Partner
Foley & Lardner

Mr. Sophir counsels clients on protecting innovations, gaining market share, the risks and value associated with...  |  Read More

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