Legal Question in Business Law in Georgia

New invention and investors

Starting a business from my new patented invention. How much should investors get from profits and where can I find sample written agreements.


Asked on 6/30/09, 9:36 am

3 Answers from Attorneys

Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Re: New invention and investors

When determining the basis upon which investor profits should be allocated, it is critically important to consider how exactly the royalty payments from each sale of the patented invention are being collected. Specifically: (1) Is the patented invention being sold directly by you or by 3rd-party licensee(s), (2) Is the patent license exclusive or non-exclusive, (3) What is the duration and scope of the license. These are only a few of the vital issues that ultimately affect the overall profitability of selling your patented invention, and therefore, directly bear on the profit allocation to investors.

I will be glad to discuss the details of how to structure your Agreement(s), so please feel free to contact our office with your specific Intellectual Property concerns.

THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY- NOT AS LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.

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Answered on 7/21/09, 6:40 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: New invention and investors

This is not remotely an issue to be resolved through a message board or "forms." If you believe your business is ever going to be worth anything, the best way to screw it up is to do it without the proper legal (and tax & financial) advice. The fact that you have to ask how much investors should get is clear evidence you should not try any of this yourself.

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Answered on 6/30/09, 9:55 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: New invention and investors

How much your business is worth (or a piece of it) can be a complicated question, but it will ultimately boil down to what the investors are willing to put in and what you are willing to give them.

There is no source for written agreements. You can certainly find numerous types of agreements on the internet, but you should not use them since they were/are not drafted for you. Have a local business attorney create your agreements.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 6/30/09, 9:55 am


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