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Is It Possible To Sell A License Of Use Of The Idea Protected With A Provisional Patent Application?

Patents & Trademarks Discussion Forum

Is It Possible To Sell A License Of Use Of The Idea Protected With A Provisional Patent Application?

Postby Rennie » Fri May 23, 2014 3:09 pm

I have an idea but not enough money to file a patent application. I will file a provisional patent application. Can I sell a license of use of this idea even if it's not patented? When I'll have more money(got with the sale of the license), I'll then file a patent application.
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Is It Possible To Sell A License Of Use Of The Idea Protected With A Provisional Patent Application?

Postby Renard » Mon May 26, 2014 6:01 am

You can sell or license an idea. The proper term for this is "know how" so you are selling or licensing "know how". You can also protect your idea with a "trade secret" which is free. You can then sell or license your trade secret. If you file a provisional application, you can then sell or license the application, even before it is granted as a patent.   Patent-Guru 17 months ago
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Is It Possible To Sell A License Of Use Of The Idea Protected With A Provisional Patent Application?

Postby Camden » Tue May 27, 2014 4:49 am

Absolutely that is the whole idea. However the US charge for a provisional patent but you can get exactly the same US cover by filing first in the UK where you don't have to pay any fees until a year from your filing date - the day you file. So if nobody is interested just abandon your patent and it will cost you nothing. A year after your filing date you must pay application and search fees in all the countries in which you wish to patent protect your product. In the US you apply for a Non-Provisional patent using your UK filing date or you apply for a PCT which gives you a further 18 months before paying application and search fees. A great Amazon ebook which explains all this is DIY Patent Online, very cheap and they also have a website. You can read some of it free on Amazon and their website fills you in about patenting in general - all an easy read and they aren't selling the services of a Patent agent. Plus they list all the fees internationally. If a comment follows this, which rubbishes my comments you can bet it comes from a patent agent who hates the fact that these days you can do it all yourself online. Patent agents are more than likely to say you stand a good chance but in reality many of their patents fail for a very good reason. They aren't going to say your idea is rubbish, they just do their best with what you give them and take the money. If the patent goes through - great, if it doesn't so what? Do it yourself and you will learn about the patenting process and save yourself a fortune.   KJones123 7 months ago
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