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is pending patent saleable or marketable

Started by cmabill, 01-15-24 at 03:19 PM

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I hope the moderator don't label me a scammer since I have too many question here :D

I have an invention, and it takes time to get a patent and there is also uncertainty. but time is flying.

I have three scenarios for your help and clarification if you could, I want to license it to big retailers, like Wal-mart etc.

  • will the retailer refuse my invention just because it's pending, and not sure it will be patented
  • how about the retailer just use it for their product and don't give me anything, if the patent was not granted finally, could I still sue them to use my invention or not
  • will the retailer have to pay the compensation if the patent was granted

it takes too long time than I expected, and any marketing timing or strategic planning is appreciated. is the patent only way to protect my invention? suppose I can prove retailer infringe my invention but I don't have a patent, then what is the outcome of the litigation? thanks a lot.


Yes, you can sell a pending patent application.  The value may be lower than an issued patent, but it may be higher than a badly prosecuted issued patent.  You would have a difficult time forcing them to produce your product if they later decide they don't want to.

It would be a poor idea to sell a patent application contingent upon a patent being issued or a product being made, since the corporation might decide to abandon it, or even if they make a serious effort they may be unable to convince a national patent office to grant any of the claims.  That said, you can try it.

In my opinion you would absolutely have to have a lawyer representing your interests in such a transaction.  You obviously don't know the pitfalls of such contracts.
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

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