Category: Legal & IP (Page 5 of 7)

Can I simply abandon a California corp?

QUESTION:

Can I simply abandon a California corp and leave it blowing in the wind? I started a company a while back, and it didn’t work out. Since then, I’ve moved on to another profitable venture. Instead of bothering to close down the old company, can I simply abandon it. What will happen? Am I liable for anything like taxes?

ANSWER: Read More...

Should I give a time window in which a third party can exclusively license my patent?

QUESTION:

I would like to commercialize an invention of mine in the field of photovoltaics through a corporate partner. The challenge with my idea and field are that A) the invention does not have any obvious applicability to other industries; and B) the solar industry is so competitive nowadays that I suspect a corporate partner will demand a high level of exclusivity in order to make a deal. Under these circumstances, do you have any advice about the best way to set up a partnership that maximizes the potential upside to my startup, yet keeps intact a sufficient degree of downside protection (i.e. ensures that all is not lost if the partnership does not go well)?

One idea I thought of along these lines is to give the partner a time window in which they can exclusively license the patent. If the time limit is reached and the partner has not paid a contractually-defined amount of royalties on the patent, the partner would lose its exclusivity. Have you seen a deal structure like this succeed in practice? Read More...

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