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ipHandbook-Ch 09 02 Potter Technology Valuation PDF
ipHandbook-Ch 09 02 Potter Technology Valuation PDF
issues and methods involved in technology valua- from the challenge of identifying useful, appro-
tion when negotiating the sale of rights to a new priate proxies. The more appropriate data one
technology as well as in other circumstances. uses, the more accurate the valuation will be.
Furthermore, the individual and specific val-
ue of assets will vary widely. Understanding how
2. Valuation of these specific values are statistically distributed
Intellectual Property will greatly help estimating value, since including
Much energy has been spent determining meth- a probability of receiving a specified return aids
ods for valuing intellectual property, technology, decision making. Wherever an individual compo-
or products. All available approaches require dif- nent has a range of possible values, knowing the
ferent amounts of data and serve different pur- statistical distribution over this range can make
poses (limitations are inherent regardless of the the overall valuation more accurate and also allow
approach taken). A brief overview of the most one to estimate the probability that this value will
common approaches to technology valuation is actually be achieved.
provided in this chapter. More detailed discus- The following sections identify several valua-
sions are found elsewhere in the Handbook.1 tion approaches and provide a short explanation
The valuation of intellectual property tends of each. To illustrate this, each approach is ex-
to be very complex, since the task of valuation plained with reference to a fictional, ongoing ne-
involves determining the present value against a gotiation, between the University of Costa Rica
future technology or product. Various methods and Mer Seeds SA de CV, over a commercial-use
have been developed that use greater or lesser license for a root-rot-resistant gene isolated at the
amounts of economic theory. In the end, as the university. The gene has been transferred into a
value will usually be a negotiated figure, what is line of a root crop called mer, which Mer Seeds
most important is to find a method that both par- intends to cross with their elite breeding lines.
ties agree will produce a value they can accept.
The most common method of valuation is a 2.1 Cost approach
process of discounted cash flow, which calculates The cost approach is based on covering costs of
the present value of future revenues. Present value developing a new product. Using this approach,
reflects the price a purchaser of the intellectual the University of Costa Rica would seek to charge
property is willing to pay now, in order to receive a one-time fee to cover all research and possible
anticipated cash from future sales of the product. patenting costs for isolating the gene and produc-
Different variables and factors can be built into ing the transgenic root-rot-resistant mer. While
this, such as the risk of the technology not deliv- this approach is a highly relevant one for pricing
ering promised returns, but obviously it is hard to an article produced for sale, the approach is rarely
accurately estimate the future cash flows from in- used to assign a value to a piece of intellectual
tellectual property or from an undeveloped, un- property, because the cost to develop something is
tested technology. The closer one comes to a final not usually related to the value of any intellectual
product, the more realistic will be the estimate property it contains. One version of the approach
of future cash flow. Waiting until near the end of is to calculate anticipated future costs of develop-
product development to negotiate royalties can, ing similar technologies—in effect, using the pro-
however, give rise to serious problems in reaching ceeds from the sale of this technology to pay for
a negotiated settlement. developing the next one. This approach, however,
Most valuation models rely on market data, is highly subjective and difficult to justify.
which, at best, can provide only a range of prob- Still, knowing the cost of development of
able values. For a revolutionary new product, di- a particular technology is often useful and rel-
rect market data is often unavailable and proxies evant when calculating the relative inputs of par-
(or existing products on the market) are used as ties into a joint venture. If, instead of licensing
substitutes. The complexity of valuation arises a technology, an institution enters into a joint
venture to develop a product, initial investments SA de CV would use its experience with similar
into the joint venture often control the share products to estimate what farmers would pay and
assigned to each party. A university or research how quickly the market for the seed would grow
institution may not have adequate financial re- to produce the estimated income. This method
sources to develop a product from a technology, is usually applicable where there is prior experi-
but the institution could justifiably claim a share ence and sufficient information. Where products
of a joint venture based on the investment in the are being developed in-house (for example, in a
project up to that point, as well as the product’s large company that performs all or most of the
potential value. research and development), calculating the net
present value of a new product is based on this
2.2 Income approach hybrid method. Decisions on funding products
A pure income approach is carried out by discount- are made by estimating a certain minimum net
ing future anticipated revenues (cash flows) sev- present value.
eral years into the future. In our scenario, this ap-
proach is used when the University of Costa Rica 2.5 Royalty rate method
asks Mer Seeds SA de CV how much it would Because royalties give the inventor a return on
be willing to pay now for a certain return in the sales of the final product, royalties are often used
future (for example, US$10 million in 10 years to share the risk between the inventor and the de-
time). The big drawback to this approach is that veloper. Parties often use a royalty rate that has
there may be no sales, market, or cost data from been agreed upon in the past for similar technolo-
which to predict future revenues. Furthermore, gies; that rate is then applied to anticipated rev-
the method relies heavily on allocation of risk: de- enue streams. Because of the risk-sharing nature
termining what the chances are of a disappointing of this method (if the product does not become a
return (or even of no return at all) and who should success, the royalty amount is low), this is a com-
take this risk, the university or the company? Risk mon approach to licensing technology. But the ap-
estimates are crucial for determining whether to proach does not always result in a valuation of the
invest in a new technology, but they are too often technology itself. Indeed, royalty rates are often
based on little more than gut feeling. determined arbitrarily, with little or no relation to
the added value the technology may give to the
2.3 Market approach product. For example, in our scenario, if an ini-
The market approach requires finding a similar or tial collaborative research agreement between the
comparable technology to the one being evaluat- University of Costa Rica and Mer Seeds limits the
ed. In our scenario, the University of Costa Rica university to a maximum royalty of 5% of gross
would look for other root-rot-resistant mer plants revenues, then, if the technology increases the
on the market and determine how much farmers value of Mer seed products by more than that, the
are using and paying for the seed. So, the valua- university loses. Another problem with arbitrarily
tion would rely on finding sufficient data about applying royalty rates, in this case, is that if Mer
similar transactions to arrive at an accurate esti- Seeds were to combine several traits in one variety,
mate of the value of the new product. The inher- then the company might be unable to afford to
ent weakness of this approach is the difficulty of pay 5% royalties to each technology provider if
obtaining data for a truly novel product. the combined added value was insufficient.
and local soil conditions, data do exist on input deducting average post-harvest and pest losses
(costs) and output (benefits)—as in any field. to arrive at the final yield per hectare for the av-
Because of the complex interrelationships among erage mer farmer. Returns are divided between
agricultural markets, competition is hard to es- those from mer that is consumed domestically
timate, but data does exist upon which to base (Domestic) and those from mer that is exported
assumptions. As modern agricultural products (Export). On the basis of this model, production
rely more and more on biotechnology, a relatively costs are US$90 and returns are US$220. A new
new field, for which there is little information product that reduces inputs (pesticides, in this
and substantial risk that there will be no product case, of root-rot-resistant mer) can be calculated
at all, valuation becomes more difficult. To illus- to increase returns by the amount that the pes-
trate the complexities of agricultural systems, we ticides cost.
use an input/output or cost/benefit model based
on the harvest of mer (see Figure 1).
The diagram depicts average returns per 4. Valuing IP Resources
hectare of mer in Latin America. Input costs, Sometimes, all of the IP resources of a company
such as for seed, fertilizer, and pesticide, have or institution need to be valued. Valuing these re-
been derived by converting to U.S. dollars from sources can provide a value for the whole compa-
the average costs in Latin America of those items. ny, including its intellectual property and physi-
Similarly, yield in metric tons (MT) was calcu- cal resources, or it can reveal the input a company
lated by taking conservative yield figures and is investing in to developing a product, excluding
US$30 US$160
(2 x US$80)
Fertilizer; organic
inputs; standard Pests Post-harvest losses
cropping practices
US$35
Note: The online version of the Handbook (www.ipHandbook.org) contains a downloadable Microsoft®
Excel spreadsheet, which readers can use for modeling cost/income scenarios.
the technology that is being negotiated. In our that the business is maximizing the exploitation
hyphothetical example, Mer Seeds can point to of all of its intellectual property.
the intellectual property that it already owns, for
example, existing mer varieties, to show that the 4.2 Technology factor method
company is investing significant resources into The technology factor method is a modification of
developing the new product and also to show that the income or excess earnings approaches that
the gene being obtained from the university will addresses the shortcomings of these approaches
be worth only a portion of the total added value. by directly measuring the contribution of the
Knowing such figures is relevant for joint venture technology to the total revenue of the business.
negotiations. The technology factor method can be used on
One complication in these calculations is the one technology at a time to eliminate the limita-
need to value nonformal intellectual property: the tions of the excess earnings method, in which the
know-how, experience, and expertise that reside whole set of intangibles are valued and lumped
in the company, and in its employees, and that together. The technology factor method might be
may not be protected by patents and trademarks. applicable to Mer SA de CV if it sold many more
Institutions that consider only the value of formal agricultural products than just mer seeds and if
intellectual property stand to lose from overlook- most of these products had a relatively low tech-
ing this form of intellectual property. nology input (for example, if the company dis-
tributed many agricultural chemicals produced
4.1 Excess earnings/residual value by large multinational corporations). In this case,
The excess earning/residual value approach places an overall picture would not give the true worth
a valuation on an entire business, rather than a of the value of the company’s germplasm.
single technology. The approach is appropriate
only if a company has just one major-platform 4.3 Options pricing method
technology and its business is based purely on The options pricing method estimates the value of
products related to that technology. Using a pe- the technology at the point it is considered to be
riod of five or more years immediately prior to successful and then calculates the probability of its
the valuation date, a percentage return is assigned preliminary successes along the path to commer-
to the average annual value of tangible assets used cialization. In the root-rot-resistant mer example,
in a business. This return is deducted from aver- basic research has already been done, but there are
age earnings of the business for the same period, still the possibilities that the technology will not
and the remainder, if any, is considered to be the work in the field, that farmers will not be prepared
amount of the average annual earnings from the to buy it, or that a competitor will offer a better
intangible assets of the business. Since this meth- product (such as a very cheap fungicide). It is also
od is based on past data, it is not necessarily useful possible that transgenic mer will not be approved
for valuing a novel technology, but it may be used for biosafety or food safety reasons. The probabil-
to value a company’s existing technologies. which ity of success at each step in the process is very
will allow for the determination of how much hard to calculate, but with each step, the value of
of an input one side is making in a negotiation. the technology effectively rises as the risk of failure
For example, Mer Seeds could use this method to diminishes. To use this model for early estimates
value its existing germplasm in order to show that of value, the technology must be well defined and
the varieties coming out of the transgenic project the statistical analyses of historical data must be
are just as much due to their germplasm as to the significant enough to allow the appraiser to assign
transgene. The main flaw in this model, however, probabilities to the technology as it proceeds from
is the assumption that excess earnings above and one step to the next. This method is applicable
beyond the return on tangible assets are solely at- to start-up companies during their initial rounds
tributable to intangible assets. Such thinking can of financing, and also for companies developing
lead to an error in valuation because it assumes high-risk technologies, such as pharmaceuticals.
4.4 Technology risk/rewards method product is sold or used and at what rate demand
The technology risk/rewards method uses the value for the product develops and increases. A prod-
of roughly comparable technology-based busi- uct’s success depends not just on the number of
nesses as a proxy for the value of patents, and people who try it once, but on the number of re-
then subtracts from this number the amount of peat users. This is referred to as the adoption pro-
cash needed to further develop the technology to cess, in which a product goes from being new in
a commercial stage. Thus, Mer SA de CV would the marketplace to being an established product
first calculate the value the company could gain (or, in some cases, obsolete).
from the technology and then look at the invest- Figure 2 is a generalized adoption curve
ment needed to bring the technology to market. for a hypothetical new technology or product.
Using this number, the company would decide Importantly, the rate at which a product is taken
whether to commercialize the product and wheth- up has a great effect on the revenue that goes to
er paying the University of Costa Rica could be the developer of the product. In this case, as of-
afforded. One drawback of this method is the ten happens, initial uptake is low, and adoption
assumption that the value of technology-based grows slowly as people become aware of the prod-
companies reflects only the value of the technol- uct, try it out, and use it. Early adopters show
ogy, which ignores many other factors. the product’s potential value, and gradually other
consumers begin to use it. As more users see the
benefits, the product spreads throughout the
5. Adoption market. When the new product approaches full
One very important factor in determining the market penetration, the rate of uptake slows—
market value of a product is how much of the there are always people who are either very late
Uptake Time