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[Paskran]

I am about to file non provisional utility patent application.
Since such utility has been sold in the market for long, and my invention improves functionality, design and cost, I believe I can start marketing it immediately. And I want to go for PCT and apply for patent in several other countries. For that, I need fund from license agreement.

I understand patent application does not give me any protection until the patent is actually granted so that anyone can use my invention as they like without paying me a cent until the patent is granted. This makes me feel like to file the application unpublished so I can protect my invention a bit longer with secrecy so that I can have some edge in negotiation by demanding NDA. With NDA and unpublished application, the company I contacted would not be able to use my invention legally without license agreement.

However, once I have license agreement, I want to open up my invention since any infringement will have to pay me based on the published date of the invention when the patent is granted. Please correct me if I am wrong.

Now questions:
1.   Can I request USPTO to change the application status from unpublished to published before 18 months from the filing date? I would prefer this since, IMO, this would give me some edge in foreign filing in case of overlapping.
2.   If 1 is not possible, can I legally publish my invention, e.g. on my website, while the application is still unpublished by USPTO? Would this give me the some edge in foreign filing in case of overlapping as well?

I appreciate your answers in advance.

[Isaac]

Now questions:
1.   Can I request USPTO to change the application status from unpublished to published before 18 months from the filing date? I would prefer this since, IMO, this would give me some edge in foreign filing in case of overlapping.

Under the facts in your post, you cannot do this.  While it is possible to request non-publication and then later request your application to be published to pursue a foreign filing, the option to change your mind is reserved for those who initially did not intend to file in a foreign coutry.  It is not legal to request non-publication when you intend to file a foreign application.

2.   If 1 is not possible, can I legally publish my invention, e.g. on my website, while the application is still unpublished by USPTO? Would this give me the some edge in foreign filing in case of overlapping as well?

You can publish your application even though you request non-publication.  Again, you cannot request non-publication when you intend to file an application in a foreign country.   The result of doing so is that your US application may be considered abandoned.  I don't see edge that will be gained in your foreign filing.

[Paskran]

Okay,
This is something I didn't know at all.
Wow, I could have lose my patentability.
Then I should try to find honest company to contact, I guess.
Thank you so much!