Patent Cross-Licensing with IBM -- is this really a good deal?
IBM Venture Capital Group just announced a cross-licensing program for VCs and startups.
Start-ups with annual revenues under $10 million will receive a standard, three-year cross-licensing contract for $25,000, said Michelle McIntyre, a spokeswoman for IBM Venture Capital Group.
Companies with more than $10 million in annual revenues that are in the process of bringing their products to market receive a custom, five-year cross-licensing contract and pay 1 percent in royalties. There is no revenue cap on a company's eligibility, McIntyre said.
My initial reaction was that IBM has a huge patent portfolio and this is a real bargain, plus good PR. Then I had second thoughts: How many startups would cross-license their patents? Aren’t these their crown jewels?
Rather than a program to remove barriers to startups, it could be seen as a way for IBM to:
1) collect a fee and royalty from potential patent infringers, saving IBM the cost of litigation. An attorney told me that "It costs $3M a year to sue someone for patent infringement if you’re a company like IBM. If a start-up is only making $10M a year, there’s no money to collect, so no point in suing."
2) Strengthen even further its own patent portfolio.
Obviously IBM’s patent library is extremely valuable, but is this really a valuable offer or is IBM giving startups the sleeves out of its vest?
I really don't know the answer. I'd welcome opinions.



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