Our biomed startup is assessing the option of getting an exclusive license for IP owned by the University. The terms are to be negotiated.

There is no info on industry benchmark. Clear that negotiations will be centered around Upfront payment, Equity (5-10%) and Royalty (0% - 5%). That's what is found in the case studies. However during "exit" phase royalties are not appreciated and these terms are asked to be re-negotiated, which brings problems and $ loss. Can anyone having the above experience or opinion add clarity to the matter?


1- The reason for the first payment fees must be explained!
2- The reason for the royalty!
3- Does the company have a well-studied financial strategic plan?
4- What are the advantages of the customer!
5- The value of the services!
Honestly, the best solution to avoid any financial dispute is to clarify and detail the contract before starting, which guarantees the right of both parties
You can contact me for more...

Answered 2 years ago

You can put a term in the contract to allow for royalty waiver when proceeding to exit. This term can include either royalty are waived after 5-10 years or they can be waived by paying specific amount of money to the university, for example a term will be like that "Based on founders and investors agreement, the company can offer a royalty waiver for the amount of 10 times last year royalty paid"

Answered a year ago

I know it's been a while since you posted this, so not sure if it's still relevant, but if it is, I've helped with a lot of similar negotiations and happy to hop on a call.
Prior to the call, please send me the basic information so I Can review and thus make our time more efficient.
Good luck!

*** I am a mentor on, an international lecturer on entrepreneurship and negotiations, a commercial startup lawyer and a leadership coach. I've successfully helped over 400 entrepreneurs, startups and businesses and I would be happy to help you. When scheduling a call, please send me some background information and the 2 main questions you want answered so that I can prepare in advance (to give you maximum value for your money). My reviews: ***

Answered a year ago

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