Heritage Global Patents & Trademarks is the operating division of Heritage Global Inc. created to fill the growing need of corporations to proactively manage their Intellectual Property Portfolios and divest themselves of non-core intangible assets that represent only ongoing costs without returns. Heritage Global Patents & Trademarks specializes in the most under served segment of the patent market – un-commercialized patents. These are non-performing assets representing sunk investment costs as well as ongoing costs to keep current.

Heritage Global Patents & Trademarks is managed by 25-year auction veteran Doug Berman who in the early 2000’s pioneered the development of Intellectual Property auctions for a major international auction company. He was also part of the auction team in the early 1990’s that conducted the largest commercial real estate property auctions in history on behalf of the Resolution Trust Corp (RTC) and Federal Deposit Insurance Corp (FDIC) and joined with Zetabid to conduct auctions of residential real estate after the real estate crash. Prior to entering the auction industry he had been a professional floor trader on the floors of the Pacific Options Exchange in San Francisco and on the European Options Exchange in Amsterdam, The Netherlands where he had been a consultant in 1978 at the inception of the Exchange, and subsequently returned to trade there between 1986 and 1991. Berman holds a Bachelors of Business Administration degree with a major in Finance from the University of Miami.

The Gray Matter Marketplace

Does your company have Intellectual Property gathering dust in your IP portfolio that you know you will never utilize or commercialize?

  • Why continue to pay the ongoing maintenance fees for something you will never use?
  • Isn’t it just good business sense to streamline your IP portfolio to the assets that are core to your business plans?
  • Doesn’t it also make good business sense that finding another firm who either wants or needs your IP would result in a much higher dollar return to you?

If the answer to these questions is “yes”, then Heritage Global Patents & Trademarks can help. We custom-design marketing plans based upon the specifics of your circumstances designed to:

  • Find the right potential buyers
  • Make them aware of the opportunity
  • Create an urgency for the Buyer to act upon the opportunity

How Do We Create Urgency? By Creating Date Certain Events

There are millions of patents and trademarks in existence, and many thousands of Patents, Trademarks and Portfolios for sale at any given time.

How does one cut through the cluttered competition for shelf-space in the marketplace? By creating “Date-Certain Events”

  • Date-Certain Auctions
  • Date-Certain Brokerage

“Date-Certain Events” create Focus on what YOU have for sale, and compel action on the part of potential Buyers to ACT (or miss the opportunity entirely). We unclutter the competition for shelf-space, and create Focus on YOUR IP. When Sellers commit to Date-Certain Events  it clearly communicates to the world that the Seller is serious and means business, and is not just on a fishing trip that will be a waste of your time and effort.

This is what cuts through the clutter of shelf-space – this is what knocks 99% of other Patents and Trademarks off the shelf, leaving yours as the one that gets the full attention from Buyers, as they know if they do not focus on yours they will miss the opportunity. To learn more about the process click here

Heritage offers two ways to monetize your Patents and Trademarks depending upon your circumstance, Auctions and Brokerage.

Auctions are the sale methodology of choice when there is an urgent time component in which the sale must take place. This is frequently the case in sales overseen by the Bankruptcy Court. Heritage Global Patents & Trademarks is well versed in successfully navigating the complexities and the requirements of sales under Bankruptcy Court supervision. Auctions are the epitome of “Date Certain Events”. There is nothing in the world that focuses the attention of the marketplace like an Auction. Buyers know they must act or miss out on the opportunity.

This is not to suggest however that sales under “Forced-Sale” conditions are the only reason to select a Patent Auction as the sale methodology. Very much to the contrary, auctions contain a series of dynamics that are very favorable to Sellers when it is clear there is demand to acquire the IP, and an auction serves as fair notice to all that they will be participating in a competitive bidding environment.

HGPT offers two types of IP auctions based upon the specifics of the circumstances:

  • Sealed-Bid Auction – A Sealed-Bid Auction establishes the date by which prospective Bidders must respond. The Sealed-Bid Auction may have either a Published Reserve Price, or an Unpublished Reserve Price. Bidders have no visibility as to what their competitors are bidding due to the “Sealed-Bid” nature of the auction, nor do they have a chance to revise their bid once the bid deadline has passed, thus requiring them to go “all-in” with their best bid.
  • Online Auction – An online auction is conducted on the our platform. Sellers may elect either a Published Reserve Price or an Unpublished Reserve Price. Bidders will see the bids made by other bidders and can react and raise their bids accordingly until the end of the auction. If bids continue to come in at the pre-established time to close the auction bidding will continue until such time as no subsequent bids are received after a 10 minute expansion of bidding time.

Brokerage is ideal for those who desire the benefits of the focus brought by a date certain event but who have greater flexibility in terms of when the sale must be completed. Prospective Buyers must nevertheless act expeditiously or run the risk having another party act with greater decisiveness and taking the property off the market before they have even submitted an offer. If they wish to ensure their chance of acquisition they must ACT, or lose out on the opportunity to another Buyers who has acted with greater urgency.

What pricing protection do I have as a Seller in Auctions and Brokerage?

Sellers in both Auctions and Brokerage retain pricing authority by means of the “Reserve Price”.

The Reserve Price is the price below which the Seller is not obligated to sell. The Seller may choose between a “Published Reserve Price” meaning the Reserve Price is disclosed as part of the offering, or an “Unpublished Reserve Price”, meaning the Reserve Price is not disclosed as part of the offering. Heritage Global Patents & Trademarks will discuss the circumstances underlying the sale with the Seller and will offer guidance in the selection of Reserve Price methodology.

The advantage of a Published Reserve Price is that it simultaneously provides price protection to the Seller and conveys a reasonable idea to prospective Buyers of what it will cost to acquire, and therefore serves as encouragement to conduct their Due Diligence and make an offer.

The advantage of an Unpublished Reserve Price is that provides the Seller with maximum price protection, but it may discourage Buyers who may be unwilling to conduct their Due Diligence without a ballpark idea of what it will take to purchase the Patent.

Have Intellectual Property you are interested in selling?   Patents – Trademarks – Copyrights – Brand Names – Domain Names & Websites?

No matter the area of technology…no matter the size….no matter the complexity, we are eager to go to work on your behalf. We will custom design a marketing program for you, and the process begins the second you fill out the form below and hit the submit button.

If you don’t have the information for the form below, but have questions you’d like to discuss simply give us a call or email to:
Doug Berman – Director, Heritage Global Patents & Trademarks
707-245-4417 or dberman@hginc.com

Please fill out the form below and we will promptly respond:

    Have a patent, or a patent portfolio you wish to sell?

    Please list the Issued US Patents you wish to sell, using their 7 digit number

    Issued US Patents

    Issued Foreign Patents protecting the same technology as the US Patents listed above

    Related Foreign Patents

    Please list all published US Patent Applications you wish to sell

    Published US Patent Applications

    Have other Intangible Assets for Sale? (Trademarks, Brand Names, Copyrights, Domain Names, Customer Lists, etc?)

    Please List Other Intangible Assets for Sale Below

    Type (trademark, brand name, website or other assets)

    Please fill out the form below to receive notification of future IP sales


      Doug Berman
      Heritage Global Patents & Trademarks