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Patent Valuation and the Global IP Index

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Suppose you are valuing a large patent portfolio with issued patents and pending applications in more than 20 countries throughout the world. One of your tasks would be to project how much royalties each patent could collect in each of the subject countries over time. How many years should you model out your anticipated revenue streams? The fewest number of years when considering the term of the license agreement, obsolesce of the subject technology and the expiration of the patent.

After plotting out your expected revenue streams, you would have to apply a discount rate to these projected royalty revenue streams to reflect the risks associated with entering into governing licensing agreements. Which risks are embodied in discount rates (also known as costs of capital)?

Discount rates typically reflect three primary risks.

One is the risk of receiving your anticipated revenue streams. Maybe the licensee will not be able to sell patented products. Or maybe the licensee will sell patented products and simply refuse to remit your royalty payments. Maybe the licensee will make concerted efforts to remit your royalties but currency control laws of the licensee’s country may prohibit your licensee from wiring your royalty payments out of that country. In any event, the effect is the same; you do not receive your royalty payments.

A second risk is in the form of inflation. Even if the licensee remits your revenue payments exactly in accordance with the licensing agreement, you will receive those payments over the years. It is likely that inflation will erode the present value (think present buying power) of those future payments. The third element of risk is known as opportunity cost: If you license out your patent to Alpha Company today for a 3% royalty, you lose the opportunity to license out the same patent to Delta Company for 5% tomorrow.

Don’t such risks differ from country to country?

How would the patent valuation analyst determine how to adjust the discount rates to reflect risks in more than 20 countries? Actually, part of the answer can be found in the United States Chamber of Commerce 2019 Global IP Index.

Let’s say you are valuing a patent issued in Malaysia. The value of that patent should be a function of the degree to which patents are protected in Malaysia. What does the Global IP Index have to say about patent protection in Malaysia? According to the 2019 Global IP Index, Malaysia scores 2.75 out of 8.0. In this case, I would add a 5.25% (8.0 minus 2.75) country-specific patent risk premium to the base discount rate.

What would the rest of the discount rate calculation look like?

First, let’s determine the base discount rate. The problem is you don’t know what the costs of capital are for potential Malaysian licensees. You can use the average costs of capital for comparable American companies as a starting point. Let’s say that three comparable American companies have an average cost of capital of 9.5%.

Every country has risks specific to it, aside from patent protection. So how do you know what an appropriate premium is to add to the 9.5% base cost of capital given that the presumptive licensee will commercialize in Malaysia? One way of obtaining this number is to take the yield on Malaysian government debt. Since you expect your licensee to commercialize for 10 years, you will take the yield on 10-year debt issued by the Malaysian government. Let’s say this debt is yielding 4.75%.

(There are other ways to determine country-specific risk premiums. For instance, you can look up the country’s credit rating. Standard & Poor’s rates Malaysia’s credit worthiness at A-. The next step is to find bonds that have the same credit rating and then use the yield on such bonds as the country-specific risk premium. Since Anheuser-Busch InBev’s A- debt yields 4.64%, that would also be a suitable number to use as Malaysia’s country-specific risk premium.)

So, it looks like you should apply a 19.5% (9.5% + 4.75% + 5.25%) discount rate to the royalties you anticipate the Malaysian licensee will remit. Is this the end of the discount rate calculation?

Patent valuation is not only a series of calculations; it also requires judgment.

If I thought that some of the underlying risk issues were baked into more than one of the aforementioned risk components, I would reduce the implied 19. 5% discount rate so as to avoid double-penalizing the patent’s value. For example, concerns about the rule of law in a given country could incur a higher risk factor for both the country-specific risk premium and the country’s degree of patent protection (as reflected in the Global IP Index). Also, concerns about inflation in a given country could be included in both the base discount rate and the country-specific risk premium.

On the other hand, there are situations where adding a few more percentage points to the discount rate would be warranted. One instance might occur if I were valuing a Malaysian patent application that has only begun to undergo prosecution. The reasoning would be the earlier in prosecution a patent application finds itself, the less determinable it is that the application will actually issue, or that it might only issue with constricted claims scope. However, if this Malaysian patent application contained notably more claims than the U.S. counterpart, I might cite that factor as a reason to moderate the extent to which I add a few more percentage points to the discount rate.  

David Wanetick - Managing Director

David Wanetick is a Managing Director at Merit Investment Bank. David is a world-renowned patent valuation expert. He developed and runs the Certified Patent Valuation Analyst designation. He is the author of six books including Business Model Validation: What Makes Business Models Work?, The Strategic Negotiator: A Manual for Negotiating at the Elite Level and Solution Nation: One Nation is Disproportionately Responding to the World’s Most Intractable Problems. He may be contacted at david.wanetick@meritinvestmentbank.com.

Merit Investment Bank, a leading middle market investment bank, with a specialization in building products, is honored to have served as exclusive advisor to VaproShield (“VaproShield”) in its sale to (Muncaster Capital.)

by: Merit Investment Bank

SEATTLE – October 31, 2025 – PR.com – Merit Investment Bank (“Merit”), a leading middle-market investment bank with deep expertise in the building products and construction materials sector, is pleased to announce that it served as the exclusive financial advisor to VaproShield, a premier manufacturer of high-performance air and water barrier systems, in its sale to Muncaster Capital, a privately held investment company based in Texas.

This strategic transaction represents a significant milestone for VaproShield, a recognized innovator in the building-envelope industry. For more than two decades, the company has pioneered the design and manufacture of high-performance, vapor-permeable air barrier (AB) and water-resistive barrier (WRB) membranes and accessories. Through its commitment to research, sustainability, and customer-focused innovation, VaproShield has become a trusted partner to architects, builders, and developers seeking to enhance energy efficiency, moisture control, and long-term building performance.

“The sale of VaproShield shows what’s possible when visionary founders create real value and plan strategically for an exceptional exit,” said Craig Dickens, Chairman of Merit Investment Bank. “We were honored to help align the company with the right partner, culture, and capital for its next stage of growth. This milestone reflects years of innovation, discipline, and thoughtful preparation leading to an outstanding outcome.”

The acquisition by Muncaster Capital, am ESOP, will provide VaproShield with additional resources and strategic backing to expand operations, accelerate innovation, and strengthen its presence in both domestic and international markets. Muncaster’s long-term investment philosophy aligns closely with Vaproshield’s mission to deliver environmentally responsible, high-performance solutions to the construction industry.

“VaproShield has built an exceptional brand through innovation, sustainability, and performance,” added Chris Barnes, Managing Director at Merit Investment Bank. “It was a privilege to advise such a forward-thinking team whose commitment to excellence andcustomer trust has made them industry leaders. This transaction delivers a strong outcome for shareholders and positions VaproShield for its next phase of growth.”

Legal counsel for the company was provided by Holland & Knight LLP. Merit extends its appreciation to Stephen McKay and the firm’s M&A team for their seasoned legal guidance and support throughout the transaction, ensuring a smooth and efficient closing process.

The company was also advised by Baker Tilly US, LLP. Merit acknowledges Preston Smith, Director – Transaction Advisory, and Michael Hurst, Partner – Tax, for their expert guidance and transactional support. Their technical insight and professionalism were instrumental in achieving a successful closing.

About the Buyer

Muncaster Capital of Texas, Inc. is a privately held holding company based in Ennis, Texas, primarily associated with the building materials and protective coatings industry. Established in 1986, it serves as the parent company for Polyguard Products, a leading manufacturer of high-performance barrier systems, air and moisture membranes, and protective coatings used in construction and infrastructure projects.

Muncaster Capital oversees operations focused on innovation, sustainability, and long-term business growth within the building-envelope sector. As a mid-sized, family-owned enterprise, it plays a strategic role in managing assets, guiding corporate development, and supporting Polyguard’s mission to deliver durable, energy-efficient solutions to the construction industry.

About Merit Investment Bank

Merit Investment Bank is a leading boutique investment bank focused on serving founder/family-owned middle-market, technology-forward companies. The firm principally executes sell-side M&A, as well transactions with specific emphasis on the building products technology, infrstructure, consumer, and manufacturing/distribution/industry 4.0 sectors.

In addition, Merit offers services including buy-side M&A debt and equity capital raises, restructuring advisory, business valuations, and project financing.

Securities offered through Finalis Securities LLC, Member FINRA/SIPC. Merit Investment Bank and Finalis Securities LLC are separate, unaffiliated entities

Contact:

Craig Dickens, Chairman

Merit Investment Bank

Craig.Dickens@MeritInvestmentBank.com

253-370-8893

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