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I have an Invention ... Now What?
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   Where now
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   Author  Topic: Where now  (Read 1376 times)
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Re: Where now
« Reply #5 on: Dec 4th, 2006, 12:16pm »
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I suppose it depends on what you mean by "provide a vehicle".  If that means that the Applicant can now license something they couldn't have otherwise licensed, that's not true in my opinion.  If that means it's a way to "raise the stakes" (or at least give such an impression) such that potential licensees would be slightly more inclined to take a license, I'd be inclined to agree.  
Patent applications, in and of themselves, convey no rights to exclude so as to form the basis of a license.  Of all applications, the types farthest removed from such enforceable rights are provisional applications and PCT applications.  I'd say that such applications (other than being steps to ultimately achieving enforceable rights) at most provide a perception of protection to the poorly informed.  Well, they also permit certain activities without harm to potential patent rights -- such as marketing, sales, etc.
Of course, all that ignores provisional rights (unrelated to provisional applications).  A provisional application cannot provide provisional rights.  I don't know if a PCT application can.
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James D. Ivey
Law Offices of James D. Ivey
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