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How to Sell an Invention or License Your Patent

Learn how to sell an invention or license your patent: valuation, buyers, deal structures, and scam warnings, so you keep the leverage.

By Patent77 Team · 7 min read · published 2026-07-24

Business handshake representing a deal to sell an invention or license a patent
Photo by Ketut Subiyanto on Pexels

Selling an invention and licensing one are not the same deal, and mixing them up costs inventors money. Selling, technically an assignment, hands over ownership for a one-off payment. Licensing keeps you as the owner and pays you an ongoing royalty every time someone uses your invention. Neither route works well without proof your invention is genuinely new. This guide shows you how to build that proof, find the right buyer or licensee, work out a fair price, and avoid the scams that catch out first-time inventors every year.

Step 1: Prove it's genuinely novel before you talk to anyone

Before you pitch your invention to a single company, find out what already exists. A prior-art search checks existing patents, products, and publications for anything that already does what your invention does.

This matters for two reasons. First, if something similar already exists, you need to know now, not after you've spent months chasing a deal. Second, and more importantly for negotiation, solid prior-art evidence is your leverage. A buyer or licensee will ask "why should we pay for this instead of copying something similar for free?" A clean prior-art search, showing your invention is distinct from everything on record, answers that question before it's asked. Tools like Patent77 can run this search quickly and give you a scored, cited report you can actually show to a negotiating partner.

Step 2: Build a one-page invention summary

Nobody wants to read a forty-page technical file before deciding whether to take a meeting. Build a single page that covers:

  • The problem your invention solves, in one or two sentences.
  • How it works, described simply, with a diagram if you have one.
  • What makes it different from existing solutions (this is where your prior-art evidence earns its keep).
  • Current patent status: idea, filed, pending, or granted.
  • What you're offering: sale, licence, or open to either.

Keep it free of jargon. The person reading it might be a product manager, not a patent examiner. If you haven't filed anything yet, read our guide on how to patent an idea first, since most serious buyers want at least a pending application before they'll talk numbers.

Who actually buys or licenses inventions

There are three realistic routes, and they carry very different risks.

Companies in your industry. This is the most direct route and often the best one. A firm that already makes similar products understands the market, has the manufacturing in place, and can move fast if they like what they see. Approach their business development or licensing team directly, not their customer service line.

Licensing agents and brokers. These professionals shop your invention around their industry contacts for a commission, usually 10% to 40% of whatever deal they land. A good broker has real relationships and gets your invention in front of decision-makers you couldn't reach alone. Before signing with one, ask for examples of deals they've closed and speak to a previous client if you can.

Invention marketing firms. Here's the warning that matters most in this whole guide: be very careful. Some invention-promotion companies charge inventors thousands of pounds upfront for "marketing packages," patent searches, or presentations to manufacturers, and then deliver nothing. The US Federal Trade Commission has pursued several of these firms over the years for exactly this pattern; it's a well-documented consumer-protection issue, not a rare exception. A legitimate broker earns money when you earn money. If a firm wants a large fee before any deal exists, walk away.

Dev Ackroyd, an amateur inventor from Leeds, learned this the hard way. He'd designed a simple clip that stopped charging cables tangling in a bag, and paid an invention-marketing company £2,400 upfront for a "manufacturer pitch package." Eighteen months later, he'd received a glossy brochure and nothing else. He later ran a proper prior-art search, tidied up his one-page pitch, and approached three cable accessory manufacturers directly. One of them licensed the design within four months, for no upfront fee to him at all.

How valuation roughly works

There's no single formula for what an invention is worth, and anyone who gives you a precise number without asking questions is guessing. Instead, valuation rests on a handful of factors that push the price up or down:

  • Market size. A niche gadget with a few thousand potential buyers a year is worth less than something with mass-market appeal.
  • Remaining patent life. A patent lasts up to 20 years from filing in most countries. A licence signed in year two of that term is worth more than one signed in year 15, simply because more years of exclusivity remain.
  • Exclusivity. An exclusive licence, where only one company can use the invention, commands a higher price than a non-exclusive one, where you can license the same invention to several buyers.
  • Comparable deals. What have similar inventions in your industry sold or licensed for? This is often the single most useful data point, and a licensing attorney or industry broker will usually have a feel for it even without public records.

"Inventors nearly always start by asking what their idea is worth, when the better question is what a specific buyer would pay for it," says one long-serving patent licensing consultant. "Value depends entirely on who's on the other side of the table and how badly they need what you've built."

Assignment vs licence: which one fits?

Selling (assignment)Licensing
OwnershipTransfers to the buyer permanentlyYou keep it
PaymentOne-off lump sumOngoing royalty, sometimes plus upfront fee
Your control afterwardsNone; the buyer decides everythingYou can set terms, territory, and field of use
Best forInventors who want cash now and won't develop the idea furtherInventors who want long-term income and may license to others too
Main riskYou lose all upside if the product becomes a huge successPayment depends on the licensee actually selling the product

Typical deal structures

Once you know whether you're selling or licensing, the deal itself usually takes one of a few shapes:

  • Upfront payment plus royalty. A smaller lump sum on signing, followed by a running royalty on sales. This gives you some certain money now and ongoing income later.
  • Running royalty only. A percentage of net sales, paid regularly (often quarterly), with no upfront money. This suits licensees who don't want to risk cash before the product sells.
  • Milestone payments. Fixed sums paid when specific events happen, such as first commercial sale, reaching a sales target, or entering a new market. Common in industries with long development timelines, like medical devices.

A straight sale, by contrast, is usually a single lump sum, sometimes split into instalments tied to the patent being granted or surviving a challenge.

Get an IP attorney to review the agreement

Whichever structure you're offered, have a patent or licensing attorney review it before you sign. They'll check the scope of what you're actually giving away, whether royalty definitions are watertight, what happens if the other party stops selling the product, and whether you're inadvertently signing away rights to future improvements. If you're weighing up whether to hire one at all for the earlier stages too, our piece on patent attorney vs DIY search walks through when professional help earns its cost.

Key takeaways

  • Selling gives up ownership for a one-off payment; licensing keeps ownership and pays ongoing royalties.
  • A clean prior-art search is your main source of leverage in any negotiation.
  • Build a simple one-page pitch before approaching anyone.
  • Companies in your industry and commission-based brokers are safer routes than invention-marketing firms; never pay large fees upfront.
  • Valuation depends on market size, remaining patent life, exclusivity, and comparable deals, not a fixed formula.
  • Always have an IP attorney review any agreement before you sign.

This article is for general information only and isn't legal or financial advice. Speak to a qualified patent attorney or licensing professional before signing any assignment or licence agreement.

Sources and further reading

Common questions

Can I sell a patent I haven't been granted yet?

You can sell or assign a pending application, but buyers pay far less for it. Nobody knows yet whether the claims will survive examination, so the deal usually includes a lower price or a clause that adjusts payment once the patent grants. Selling after grant, once your claims are locked in, almost always gets you a better price.

What's a fair royalty rate for a licensed patent?

There is no fixed number, and be wary of anyone who quotes one with total confidence. Running royalties on manufactured products often land somewhere between 2% and 10% of net sales, depending on how essential the invention is, how much of the product it covers, and what similar deals in your industry have paid. Get a licensing attorney to check comparable agreements before you agree to a figure.

How do I avoid invention-marketing scams?

Never pay a large upfront fee to a firm that promises to sell your invention to manufacturers. Legitimate brokers work on commission, taking a cut only when a deal closes. Check the company's track record, ask for names of inventors they've actually placed deals for, and read the FTC's guidance on invention-promotion firms before signing anything.

Do I need a patent granted before I can license the idea?

No. You can license a pending application, and many licensing deals are signed at this stage. But a licensee will usually pay less, or ask for the deal to convert automatically once the patent is granted, because a pending application offers weaker protection against competitors copying the idea.

Now run it on your invention

Patent77 executes this method against the live record — three free searches a month, every reference cited to its source.

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Patent77 searches the public patent record and organizes what it finds. It is not legal advice, and no search — automated or professional — can guarantee that all relevant prior art has been found. Every reference links to its source document so you can verify it yourself, and filing decisions should be made with a registered patent attorney or agent.