How To Secure IP Backed Financing
This guide shows you how to raise capital against patents, trademarks, copyrights, software, and royalty streams. You will see what qualifies, how valuation drives advance rates, which documents lenders require, and how to negotiate pricing, covenants, and security. The same framework applies to technology, software, media catalogs, and consumer brands.
1) Check Eligibility And Fit
Strong Candidates
- Issued patents with remaining life of 5 to 15 years
- Registered trademarks tied to audited sales
- Software with recurring revenue and low churn
- Music, film, or publishing catalogs with stable royalties
Red Flags
- Ownership disputes or liens on the IP
- Unfiled assignments or gaps in the chain of title
- Heavy concentration in one licensee or platform
- Material litigation or unresolved office actions
Facility Types
- Term loans secured by IP
- Royalty backed facilities with cash sweep
- Revolvers against predictable license fees
- Securitization for diversified portfolios
2) Build The IP Data Room
IP And Legal
- Complete registry extracts and docket reports
- Assignments, security releases, and chain of title
- Licenses, amendments, MFN clauses, and audit rights
- Litigation history and counsel letters on enforceability
Financial And Ops
- Three years of royalty statements and sales by channel
- Customer concentration and churn metrics
- Revenue recognition policy and audit reports
- Forecast with assumptions and downside case
3) Run Valuation And Set Target Advance
Lenders size facilities from independent valuation and royalty analysis. Expect a blend of income, market, and cost methods with legal strength adjustments.
Drivers Of Value
- Remaining life and renewal terms
- Defensibility and scope of claims or marks
- Royalty durability and platform risk
- Jurisdiction and enforcement costs
Typical Advance Bands
- 20 to 60 percent of appraised IP value
- 2.0 to 4.0 times annual net royalties
- Higher for diversified, insured portfolios
- Lower for single counterparty exposure
Ways To Lift Advance
- Add insurance for non payment on licensees
- Use SPV ownership and cash control
- Hedge FX where royalties are multi-currency
- Widen license base before close
4) Negotiate Term Sheet And Covenants
Economics
- Rate as SOFR plus spread or fixed coupon
- Original issue discount and fees
- Amortization and cash sweep on overperformance
- Make whole and prepayment terms
Security
- Registered liens over IP and related proceeds
- Assignment of royalties and license payments
- Cash control accounts and waterfalls
- Intercreditor if there is senior debt
Covenants
- Maintenance of registrations and renewals
- No transfers without consent
- Minimum royalty cover and reporting cadence
- Litigation notice and defense obligations
5) Close Cleanly And Set Controls
Closing hinges on filings and conditions precedent. Keep timing tight by running legal, valuation, and account setups in parallel.
Conditions Precedent
- Final valuation and officer certificates
- UCC or local registry filings completed
- Royalty notice letters served to payors
- Cash control accounts activated
Post Close Controls
- Quarterly reporting with platform statements
- Audit rights and catalog add schedules
- Trigger events for cash traps and sweeps
- Renewal calendar with responsible owners
Typical Timeline And Cost Bands
- Timeline.
Four to ten weeks from clean data room to funding depending on valuation, filings, and intercreditor steps.
- Pricing.
SOFR plus 400 to 900 bps or fixed 10 to 18 percent per year in private credit markets based on risk and tenor.
- Advance.
20 to 60 percent of appraised value or 2.0 to 4.0 times annual net royalties with cash sweep mechanics.
- Fees.
Engagement retainer and success fee at funding. Third party valuation, legal, and filing costs billed at cost.
Common Mistakes That Kill Deals
Unclear Ownership
Missing assignments and side letters that change license economics. Fix chain of title before outreach.
Overstated Forecasts
Lenders haircut growth heavily. Provide a base case and a credible downside case with levers to protect cash flow.
Slow Filings
Registry backlogs and lien searches take time. Start filings as soon as term sheet is accepted.
Apply This Framework For Patent, Trademark, Software, And Royalty Financing
Whether you run a technology company, a SaaS platform, a media catalog, or a consumer brand, the process is consistent. Prove ownership, show durable cash flows, secure a valuation, and negotiate a tight term sheet with clear security and manageable covenants. With the right preparation, IP backed financing becomes repeatable and cheaper over time.
Request An IP Backed Financing Term Sheet
Share your IP summary, royalty history, registrations, disputes if any, and target amount. We will reply with route, advance rate guidance, and documentation steps.
Start Your IP Financing Mandate
Financely is an arranger and underwriter. We are not a lender. Services are best efforts and subject to due diligence, KYC and AML, sanctions screening, third party valuation, legal filing, and lender approval. Nothing here is a commitment to lend or guarantee.