The certification examination consists of 150 multiple-choice questions. You will be given three (3) hours to complete the examination. Eight major performance domains account for the examination's content. Below is the number of questions included in each performance domain.
Domain/No. of Questions
Domain I: Strategy (20)
Domain II: Intellectual Property Protection (26)
Domain III: Opportunity Assessment and Development (22)
Domain IV: Valuation (10)
Domain V: Marketing (5)
Domain VI: Agreement Development and Drafting (27)
Domain VII: Negotiation (30)
Domain VIII: Agreement Management (10)
Domain I: Strategy
Task 1: Participate in the development of an intellectual property strategy in accordance with organizational strategy in order to achieve economic or commercial goals and identify needs, resource requirements, and licensing opportunities.
Task 2: Perform an intellectual property gap analysis relative to the strategy through portfolio assessment and environmental scanning in order to leverage existing assets and/or identify resource requirements and to achieve intellectual property strategies.
Task 3: Participate in developing the organization by identifying essential roles, processes, and structure in order to optimize the organization’s investment in intellectual property resources.
Task 4: Articulate the value of a well-organized, dynamic intellectual property process by highlighting the impact of intellectual property development and commercialization in order to bring about greater benefit to all stakeholders.
Domain II: Intellectual Property Protection
Task 1: Build an intellectual property portfolio by protecting intellectual property strategically in order to support and advance the organization’s objectives.
Task 2: Survey the organization’s existing and potential intellectual capital through appropriate means in order to identify intellectual property requiring or worthy of protection.
Task 3: Select inventions to protect by evaluating pertinent legal factors, commercial opportunities, and available resources in order to optimize the portfolio.
Task 4: Select appropriate domestic and international protection mechanisms for the intellectual property by evaluating pertinent legal factors, commercial opportunities, and available resources in order to protect the intellectual property.
Task 5: Implement the protection strategy using the selected mechanisms in order to build and sustain the organization’s intellectual property portfolio.
Task 6: Manage the intellectual property portfolio by taking appropriate legal and procedural steps in order to maintain or improve the value of an entity’s intellectual property portfolio.
Domain III: Opportunity Assessment and Development
Task 1: Segment the intellectual property portfolio using appropriate analytical tools in order to identify the highest and best use of the organization’s intellectual property.
Task 2: Evaluate the segmented intellectual property in conjunction with opportunities using appropriate analytical tools in order to identify all potentially licensable assets.
Task 3: Identify commercial opportunities using appropriate methods in order to establish targeted licensee(s).
Task 4: Assess the need for rights controlled by other parties using commercial and legal analyses in order to optimize business return.
Task 5: Identify intellectual property existing in the market consistent with the organization’s needs in order to select and obtain rights to use another party’s intellectual property.
Task 6: Develop a business plan that includes intellectual property using appropriate methods in order to achieve established objectives.
Task 7: Develop basic license terms consistent with the licensing strategy and business plan in order to establish an initial agreement structure.
Domain IV: Valuation
Task 1: Define the intellectual property to be valued using input from relevant business functions, consistent with overall business strategy in order to achieve agreed upon goals.
Task 2: Define the context of the valuation using relevant business principles in order to choose the most appropriate methodologies and define the necessary level of diligence.
Task 3: Identify the factors influencing the value based on the proposed licensing strategy in order to enable the determination of an appropriate price
Task 4: Select the most appropriate methodologies using accepted valuation principles in order to perform the valuation and develop a range of values.
Task 5: Prepare a valuation report using clear and concise language in order to articulate the value for the purposes required and/or to justify the offering price of the intellectual property.
Domain V: Marketing
Task 1: Obtain internal organizational consensus about the licensing plan using a calculated value proposition in order to establish the basis for a licensing arrangement.
Task 2: Outline the appropriate marketing strategy that articulates the value proposition of the intellectual property and includes a marketing plan and promotional program based on assessed opportunities, market factors and the overall intellectual property landscape in order to achieve the most favorable licensing returns.
Task 3: Deploy the marketing plan, periodically assessing effectiveness and progress, in order to take into consideration the dynamic marketing landscape.
Domain VI: Agreement Development and Drafting
Task 1: Define the terms and conditions to be negotiated using cross-functional teams in order to meet enterprise objectives.
Task 2: Ensure that all regulatory, policy, and legal concerns are met by examining the range of applicable requirements in order to complete an executable and enforceable contract.
Task 3: Draft the term sheet by addressing critical issues in order to expedite contract negotiations.
Task 4: Draft the license or other type of agreement using the final term sheet in clear language in order to express the intent of the parties to operate as intended in all applicable jurisdictions.
Domain VII: Negotiation
Task 1: Prepare for negotiation by identifying and anticipating the interests, needs, and wants of the parties, and the likely points of contention in order to establish a basis for negotiation.
Task 2: Determine a Best Alternative To Negotiated Agreement (BATNA) by exploring related opportunities in order to find an acceptable substitute for a successful transaction.
Task 3: Establish the negotiation strategy and tactics by assigning appropriate individuals to the negotiating team and defining their respective roles and responsibilities, the timeframe, and other parameters in order to conduct the negotiations effectively.
Task 4: Manage the negotiation process by implementing the negotiation strategy and tactics and by recording the impact of changes to the term sheet and countering within the range of acceptable outcomes in order to conduct and close the negotiations effectively.
Task 5: Review the final agreement by comparing it to the understandings of the parties in order to ensure consistency with the negotiated terms and conditions.
Task 6: Gain approval of the final terms and conditions of the agreement by communicating the value of the deal to the organization in order to confirm acceptability relative to the licensing strategy and objectives.
Domain VIII: Agreement Management
Task 1: Establish ongoing obligations by reviewing the signed agreement in order to ensure compliance by all parties.
Task 2: Meet ongoing responsibilities by defining points of contact, other personnel, documentation requirements, and a process for ensuring accountability in order to maintain compliance and avoid conflicts and breach.
Task 3: Archive the license agreement along with a written summary of its key features and obligations by entering these documents into an appropriate filing and retrieval system in order to allow for easy access for future reference.