What degree of protection am I afforded for an invention which has a pending patent? Is it safe to market the idea? Is it possible for them to steal the invention once you disclose it to them?
ANSWER
You have something you can license. Companies know that if you sue them, it will cost them a large sum of money to defend. Yes, it would also cost you a large sum, and whether you’d be willing to invest the sum required, they simply don’t know. Companies like certainty, and avoid risk. So, it is easier and cheaper for them to license or "rent" your rights, then it is to fight you in court. Also, once you have a detailed patent application filed, it is safe to market the embodiment of your invention that you have thoroughly described in your patent application. Of course, you must take the steps necessary to keep your patent rights alive, and you should do so to the extent that that makes commercial sense.
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Dr Patentsteins' Tips
When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner | Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation | After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim |
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