In the field of industrial property, the race for a date is often a challenge:

  • the invention must be absolutely new (and never have been disclosed),
  • the trademark belongs to the person who filed it first,
  • and, in the field of internet domain names? "First come, first served" remains the rule!

But setting a date is not always enough, you must be careful to set the date effectively, managing reverse planning very tightly when there is often an opposition between – disclosure / setting the date.

The ViDON Group has developed a methodology for setting a date, which is integrated into the overall service of protecting concepts and know-how called "TAYA", designed to deal with the constraints facing businesspeople:

  • by providing an effective method for setting a date,
  • not only in France but also abroad,
  • without disclosing the dated information to third parties.

In keeping with its values, the ViDON Group has, over time, developed an effective, economically suitable protection methodology that is available to you and can be adapted to your needs and projects.

Setting dates for your concepts or know-how, for your inventions or other original ideas, will be done in two phases:

  • A preliminary diagnosis

The first phase consists in taking an inventory of elements that should benefit from a fixed date and which constitute a copyrightable or exploitable intangible asset, in connection with the objectives and stakes for the business or laboratory.
In the end, the ViDON Group's experts offer to help you in putting these elements together to provide you with effectiveness in setting your date.

  • A methodology for setting a date

Usually, effective actions for setting a date are undertaken in connection with a ministerial officer, ensuring international recognition of the registration date.

The VIDON Group accompanies you in carrying out your formalities and helps you make the right choices.

Disclosure of inventions

One of the conditions of patentability of an invention is novelty. An invention is deprived of novelty if it was accessible to the public before the filing date of the patent application. In some cases, it is better to disclose one's innovation, for which a protection through a patent is not considered, in order to avoid the risk that a third party takes ownership of these innovations later.
Cabinet Vidon provides this service to its clients.

VIDON-valorisationAt different stages in a company's life, it is essential to know the value of its Industrial Property rights, as well as the value of its intangible assets (know-how, "concepts", copyrights).

To this effect, the VIDON Group offers its Clients a customized service it has called "PiValua".

PiValua is a rich, original, well-established service which makes it possible to assess the financial value of an intangible asset.

Valuation is a key stage in the life of an IP right. Of course, it makes it possible to comply with IFRS requirements, but there are other advantages:

  • Once valued, an IP right can become a growth lever which will enable the company to raise funds,
  • Once valued, an IP right can be pledged and serve as a guarantee for a banker, for instance,
  • Once valued, an IP right can be transferred to industry,
  • etc.

The Group has thus designed a specific support service which adapts to the intangible asset concerned and its competitive environment.

In keeping with its values, the VIDON Group has gradually developed an efficient evaluation methodology, which it puts at your disposal and will adapt to suit your needs and projects. The evaluation will take place in two stages:

A preliminary diagnosis

The evaluation starts with the listing of all possible IP assets identified by the company.
Following this listing, an audit is conducted, making it possible to analyze the strengths and weaknesses of the assets to be valued (qualitative audit, duration of the rights, geographical coverage, freedom to operate, etc.).

A financial valuation methodology

The Group puts forward simple and cross-referenced evaluation criteria derived from the parameters involved:

  • technical ("trade") parameters
  • economic parameters (business plan; competition, etc.)
  • legal parameters (freedom to operate; dependence, etc.)

The Group's methodology takes account of the complexities identified during the valuation of the asset, in order to identify the evaluation methods to be used (usually Costs Method / Market Method / Earnings Method).

PiValua complies with the recommendations of the tax authorities.

PiValua®: strong skills for the efficient financial valuation and enhancement of your Industrial Property, Intellectual Property and know-how, designed for you by the VIDON Group

VIDON-acquisition-et-droit-Pi-surveillance-01Any intellectual property right gives its holder monopoly power.

The monitoring of these rights is thus an important stage in maximizing their value, in order to easily identify the avenues explored by competitors.

To assist its clients, the ViDON GROUP uses its monitoring tools and analytical capacity.

The competitive intelligence and monitoring strategies are generally of two types:

  • either periodic checks (e.g. monthly) carried out on applications filed by the holder's main competitors (identified beforehand): this consists in competitive intelligence;
  • or periodic checks carried out on applications for rights similar to existing rights selected beforehand. This consists in:
    • trademark monitoring concerning a sign,
    • Internet domain name monitoring concerning a radical,
    • company name monitoring concerning names,
    • competitive intelligence concerning a technology (technology watch).

VIDON-acquisition-et-droit-Pi-surveillance-02The ViDON Group helps its clients to deploy "customized monitoring" tools, sometimes in their own premises, and train their staff in the use of such tools

The goal is to have the means to step into action quickly and efficiently to defend the IP rights monitored. 

Objectives of an audit and/or assessment

VIDON-acquisition-et-droit-Pi-audit-01Our intellectual property audits have their place at various stages of the life of a company, and often during a given event (sale / acquisition / fund raising, etc.).

They are also needed for the in-depth analysis of intellectual property portfolios or to ensure guarantees or financing based on the value of IP rights.

The VIDON Group also performs due diligence operations during customer fund raising, whether by calling for third-party investors (venture capital; etc.) or public offerings (stock market listing, etc.).

The audit may seek to assess the qualitative or quantitative value of intangible assets. Usually, it has to cover both.

In terms of qualitative assessment, the VIDON Group has acquired special experience in assessing standard-essential patents.

The ViDON Group puts its expertise to work for its customers to assess their needs with one primary objective: Optimizing the investment and the economic and strategic value that their intellectual property titles provide and, more generally, intangible assets that can be copyrighted or reserved.

Audit and assessment methodologies

Our audit and assessment methodologies cover all or part of a fourfold approach to the value of the intellectual property:

  • legal analysis;
  • technical analysis;
  • commercial analysis;
  • strategic analysis.

These different approaches are based on academic studies and validated by the experience accumulated by the VIDON Group during its more than 25 years of existence.

In the field of assessing standard-essential patents, our services include three levels of intervention:

  • indirect assessment of essentiality;
  • direct assessment of essentiality;
  • complete assessment including an analysis of the essential patent's validity (or patent application).

Concerning financial assessments, our consultants apply three traditional assessment approaches:

  • acquisition cost approach;
  • market value approach;
  • analogy approach.

VIDON-acquisition-et-droit-Pi-audit-02When necessary, our consultants use doctrines developed in the main jurisdictions, for example Georgia Pacific's fifteen decision-making criteria in the United States of America. Furthermore, this checklist comes to the forefront when it comes to setting fees for so-called "FRAND" ("Fair, Reasonable and Non Discriminatory") licenses in cases of technologies that are both patented and standardized.

Our services are often carried out in a partnership with experts, notably certified public accountants; financial auditors; statutory auditors specialized in assessing contributions and/or financing packages for investments and growth.

Our services

The ViDON Group has developed complete expertise in intangible asset audits, notably for industrial property rights and titles, including unpatented know-how.

The Group has thus developed special audit and assessment services providing various degrees of intervention that are systematically adapted to meet its customers' objectives.

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