Licensing a Pending Application That is Not Used

Unless you have some indication of allowance from the U.S. Patent Office, it is extremely difficult to license a pending patent application. If you have an indication of allowable subject matter:

  • Please click here for information about licensing.
  • Please click here for information about alternatives to licensing (e.g., sale).
  • Please click here for information about improving the value of your intellectual property through a continuation application.

Our law firm will not help you find a company to license your invention. However, if you know of a company already willing to market the invention in your patent application, we can help you (for hourly charges) in two ways:

  1. We have extensive experience in drafting patent licenses, and we can advise you on terms, review drafts, and negotiate the language of the license contract between you and the interested company.
  2. We can help you in connection with pursuing patent claims, to ensure that you maximize the coverage needed to protect a royalty stream. If you have a patent practitioner with whom you are satisfied, we can work with that person collaboratively.


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