TERMS AND CONDITIONS
Licensing of Patent Application License in the national phase of Costa Rica
This tender seeks companies or individuals interested in extending international the PCT patent application (152 countries) for entering the national phase of patenting in Costa Rica.
The expiration date is June 30, 2018, 15 days before the expiration date for the possibility of extending the patent of the adaptable solar charger registered in Argentina by SUNE SRL to be registered in the territory of Costa Rica.
Amount tendered: US $ 1,500
Product: Adaptable Solar Charger
Winners of the tender: the bidder can be a single entity or there can be several entities, dividing the percentage of the patent application license.
The percentage of the license will be divided among the winners of the tender in proportion to the amount tendered. Example: if the amount tendered is US $ 10,000, an entity bids US $ 1,000, then it will receive 10% of the patent license, if it bids US $ 5,000 it will receive 50% and if bids US $ 10.000 will have 100% of the patent license.
Division of territory according to license percentage
The territory of Costa Rica will be divided according to the percentage of the patent license proportionally, delimited by number of inhabitants. For example, given that the current population of Costa Rica is 90,16 million people, the 50% license percentage represents a territory composed of 45.08 million people, which can be distributed in separate Provinces.
It is IMPORTANT that at the moment of bidding, the bidder indicates in the field “notes of the order” the area/s of preference of exclusiveness within the country.
The bidding process is made in the bidding link that appears on this page. The tender is in English language and in American dollars.
The amount to bid is entered in the box below the collection bar, and then click on “Back Campaign”.
You will proceed to the checkout where you must enter your data and select the payment method.
Paypal and Bank Transfer. If the user does not own a Paypal account, it can pay by credit card directly through that option.
IMPORTANT: in the field “Order notes” the bidder must choose a preferred area of exclusivity, such as the Provinces of Alajuela, Guanacaste, San José, etc. The reserved areas will be published immediately. In case that for any reason the bidder has not seen the reserved areas in time and is selecting an area already reserved, he will be notified immediately to inform him of the available areas.
Treatment of previously reserved areas
What happens if, for example, the tender already has the 60% bid, composed of a bidder of 10% for US $ 1,000, a bidder of 50% for US $ 5,000 and then comes a bidder who wants 100% for $ 10 .000? In that case, the first bidders are ones that holds the priority (reserve) over their 10% and 50%, being the only ones who can sell their parts to the new interested bidder who wants 100%. All parties (reserves of 10%, 50%, and interested in 100%) have time to negotiate such transfers of percentages until the expiration of the term of the tender. After that term, the negotiation of parties will be done outside the tender.
Tender not reached
What happens if the bidders do not reach the total tendered amount of US $ 10,000? There are 2 options in the terms and conditions for this tender:
1) Gain the investment in terms of goods individually
The tender bidding for each backer would be invested in a purchase of solar chargers. The backer would be benefited for wholesale price, with discounts starting from 30% up to 40%.
2) Gain the investment in terms of good in a group of backers
At the time of the bidding process, the backers can invested their parts to make a grouped purchase with other backers, The backer would be benefited for wholesale price, with discounts starting from 40% up to 60%.
3) Money could be requested to be reinbursed
The money could be returned to the bidders automatically after the bidding deadline, reimbursing the exact amount paid by the bidder.
All payments are protected by the most advanced online security certificate, the EV Premium SSL Certificate, adding the protection of the encrypted payment methods of Paypal and the bank for the transfer.
About the patent of the charger
To request information about the Sune charger patent in Argentina and its subsequent presentation in PCT patent, it is necessary that the user be register as a buyer on the page sunesolar.com and then we will him copies of the patents filed via email.
Register as a buyer
About the patent license
Once the bidding has been completed and the tender amount has been reached, the bidders will sign a patent license contract that will be mailed to the corresponding countries, where the bidders must sign, certify and legalize under a certification body endorsed by the local regulations of the bidders countries.
Since the moment of the patent application in the national phase, the licensee has the right to 50% of the royalties on its percentage, counted as 50% of the profit before taxes.
Example: In Costa Rica 20,000 Sune chargers are sold annually, and the pre-tax gain is US $ 20 per unit, the total profit is US $ 400,000 per year. Of that profit, 50% goes to SUNE S.R.L. and 50% for all the licensors. Over the US $ 200,000 per year of the licensors, the percentage held by the patent is the percentage of profit that the licensee will obtain, in case he holds 10% of the license, he will obtain an annual profit of US $ 20,000.
What happens if a third party tries to copy the product? Licensees have the right to claim royalties from those who copy or commercialize the Sune charger without authorization, though the judgment can be executed only from the moment the patent is granted. Costs for judgments before copies: they must be faced by all the licensors, who until the year 2037 have the right to partially or totally sell their license rights to large companies that can afford the costs of the judgement.What is the term of enjoyment of royalties? From the moment of presentation of the patent application until the year 2037.
About the granting of the patent
The license of patenting is applied over the patent application and not over the granting of the patent, because the patents take years in being examined and evaluated, before being granted. How many years? The first patent application was filed in January 2016, which raises the priority date. The international expansion through the PCT application was made in January 2017, and the application in Costa Rica will be 8 July 2018. It is estimated that if the patent is granted, it will be approximately in 2021, between 4 and 5 years from the first request in Argentina. It is important to take into account the fact that, like any patent application, although it implies a priority over the patentability of the product, it does not guarantee the granting of the patent.
About the current status of patenting
The patent application was made through the largest and most important patent and trademark study in Argentina, which conducted the search of antecedents and according to the prior art in the material, confirmed the patentability of the Sune charger within more than 100 patented chargers . While there are many types of patented solar chargers, none complies with the characteristics of the Sune charger for practicality, adaptability, thermal safety among other advantages.
PCT Examination review in Europe
The European patentability review reports observations that according to our patent study, are not severe and can be saved through claims to submit at the moment of applications in national phases. It is very rare that a patent application will not have any observations under this study, so that the Sune charger patentability is under normal and ongoing situation.
The “Argentine Technological Fund” of the National Agency for Scientific and Technological Promotion (ANPCTyT) under the Ministry of Science, Technology and Productive Innovation of the Argentine Republic, has evaluated the patentability of the presentation of the Sune charger, conducting background research, study of technical feasibility that has resulted in being approved by them, denoting the character of novelty with respect to previous art and correct technical development of the patent.
About Patent Costs
Funding goal modifications
The funding goal could be modified without prior notice. If the funding goal increases, the percentage for every licensee would be lower and the total investment would be higher, which is an advantage for facing patent costs. If the funding goal decreases, the licensee percentage would be higher.
1. Patent License Agreement
2. Manufacturing Contract
3. Commercial Distribution Agreement
4. Commercial Agency Contract
1) License Agreement: The winners of the Sune charger patent license tender in the different countries will sign a License agreement that defines conditions, terms and royalties of which they may enjoy.
What does the manufacturing process consist in? The manufacturing of the Sune charger is a purely textile process and can be manufactured in any garment factory, as long as they have minimum double drag machines, riveters and stamping machines. The manufacturing process consists of the following: 1) cutting fabrics and textile inputs 2) stamping of logos on the fabric and panel 3) sewing and folding of pins 4) printing of labels and cutting of boxes 5) packaging. Products sent by Sune to the country of manufacture: a) solar panels with solderes cables b) plastic injection case.Products that are purchased locally in the country of manufacture: a) fabrics b) textile inputs c) battery d) labels and stamps e) packaging.
3) Commercial distribution contract: It is the contract signed by the wholesale distributors who will buy the charger with their logos. The distribution may or may not refer to the manufacturing contract in the country of reference.
4) Commercial agency contract: it is a contract that defines the commission for sales of commercial agents who wish to work in a tertiary manner to sell on behalf of the licensees, for which they obtain a commission for their sales and place orders to the licensors, in this case SUNE SRL The licensor is obliged to render absolutely all sales orders. You can view the contract models through the following link:Ver contratos
Sune Charger Video