Loading...
Answers
MenuCan i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
uspto.gov says "It (a provisional patent)can be filed up to 12 months
following the date of first sale, offer for sale, public use,
or publication of the invention, whichever occurs first." But I have always heard that if you sell your invention without a patent or post about it online, it immediately becomes part of the public domain, and hence I lose patent rights. Hopefully someone can clear up my confusion?
Answers
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years.
The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive.
Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing.
My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.
many companies do only what you had raised as a question, the thing is, a patent takes far more time to be granted than you can afford to wait to go to market and start selling.
Here, you might find something interesting on this video http://videosift.com/video/How-I-Beat-A-Patent-Troll-Drew-Curtis-TED-Talk
When you want discuss go to market strategies and selling world over, I will be interested in hearing you out (will all due deligence and Non Disclosures)
if someone else gets the patent before you do then you will be in trouble won't you? I think a the laws allows it however it specifically mentions that "Provisional applications for patent cannot claim the benefit of a previously-filed application, either foreign or domestic."... so its safer to keep your inventions with you before you patent it, its just common sense. If you want to show it to someone then sign a non-disclosure agreement. If you share the details with me, i will be in a better position to guide you. thanks.
Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). Otherwise, they can steal your idea. Unfortunately, many companies will not enter an NDA. As such, you may need to get at least a patent application on file to pitch your idea. You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company’s ability to use your idea without paying you for it. Here is a simplified version of how that would work. You approach the company and ask them to enter into a nondisclosure agreement with you. If they sign the NDA, they cannot tell others about the idea. Otherwise, they will breach the contract. If they do tell others without your consent, you can sue them for breach of contract. The NDA stops the company from using your idea without paying you for it. Unfortunately, most sophisticated companies will not enter an NDA with you. For example, Under Armor, New Balance and Coca Cola all take idea submissions from people like you. However, they will not enter an NDA with you. An NDA is an invitation to a lawsuit. Nondisclosure agreements require them to keep things secret. If it even looks like they stole your idea or invention, then they might have a lawsuit on their hands. Because most ideas are not worthwhile, you are required to make your disclosure on a non-confidential basis. You must protect it with a patent or trademark. Fortunately, some companies will sign nondisclosure agreements to hear you out. You can find out by searching for any webpage on their website that describes the idea submission policy like Under Armor. If you cannot find the webpage, do not give up. Lookup people on LinkedIn, etc. who work for the company. Ask them if they can sign a nondisclosure agreement to hear out your idea.
The bottom line is that some companies will sign a nondisclosure agreement, but many will not. So, you are limiting the number of potential buyers of your idea if you do not get a patent or patent-pending status. However, it is possible. If you do not have money for a patent, then your options are limited. You may have to pitch your ideas only to potential buyers that will sign the nondisclosure agreement.
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath
Related Questions
-
How can I become an idea person, as a professional title?
One word: Royalties This means you generate the idea and develop it enough to look interesting to a larger company who would be willing to pay you a royalty for your idea. This happens all the time. Rock stars, authors and scientists routinely license their creative ideas to other companies who pay them a royalty. Anyone can do it. Your business, therefore, would be a think tank. You (and your team, if you have one) would consider the world's problems, see what kinds of companies are trying to solve those problems, and then develop compelling solutions that they can license from you. You have to be able to sell your idea and develop a nice presentation, a little market research and an understanding of basic trademark and patent law. The nice thing about doing this is that if you develop enough cool ideas you will have royalties coming in from a lot of different sources, this creates a stable, passive revenue stream that requires little or no work to maintain. Start in your spare time and plan on the process taking 3-5 years. Set a goal to have a few products in the market that provide enough revenue (royalties) to cover your basic living expenses. Then you can quit your day job and dedicate more time and increase the momentum. A good idea business should have dozens, if not hundreds of license contracts generating royalties. It's possible to pull this off. And it is a fun job (I'm speaking from experience).MM
-
I have an idea for a start up, but I don't know how to code, whats the next step?
Hello, If you have time, I suggest that you learn coding yourself. That saves you money but takes a great amount of time to do. And if your interested, I'm a coder myself. You can give me a call and we'll discuss the details of your idea.GS
-
What advice do you give to a 16 year old entrepreneur with a start up idea?
First, hat tip to you for being a young entrepreneur. Keep it up! If you have the funds to build out your MVP, hire a developer and possibly a mentor. If your idea is marketable, you don't need to give up equity by bringing in a co-founder. If this is your entrepreneurial venture, I would recommend you do retain a coach to help you see all the things you may not know. Have you already done your SWOT analysis? Have you identified your target market? What is your marketing plan? What will be your operating expenses? There are lots of questions to ask. If you would a free call, I'd be happy to help you in more detail. Just use this link to schedule your free call... https://clarity.fm/kevinmccarthy/FreeConsult Best regards, Kevin McCarthy Www.kevinmccarthy.comKM
-
If I have a business idea for a large company, how can I give it to them and mutually profit, without them just taking the idea and squashing me?
Probably not the answer you're looking for, but companies have so many unimplemented ideas that the likelihood of partnering to implement someone else's idea is really low. And besides which, the idea is not something that has much value in and of itself. If you're passionate in the idea, build it yourself. That's the only way you can have leverage.TW
-
How can I make a million dollars?
First, I agree with Chad in that the pure pursuit of money is unlikely to render anything significant. By using a monetary value as a primary goal, you're only diluting the real drivers of success: passion, crafting great customer experiences, building an incredible team and culture etc. That said, making $1m isn't that hard. :) I love this thinking by Amy Hoy and that's how I would go about making $1m: http://unicornfree.com/30x500. Using that logic, this is what I'd do: * To earn $1m in a year, I need to earn +- $80k a month. * To earn $80k a month, I need 1600 customers paying me $50 per month. * So what can I build that could attract 1600 people to pay me $50? * Or, what could I build that could attract 400 people to pay me $200 per month? This logic works on two drivers: * Cumulative revenue and growth. So SaaS works best in this regard, as you only need to focus on having new signups that are greater than your churn. * Building something that people are willing to (really) pay for and going for quality over quantity. If you are building something that sells for $5 pm, you'll need to sell at much higher volumes (which are tricky). In terms of doing that, these are the areas of my business that I would prioritize: 1. Build an awesome team that do things they're passionate about. 2. Prioritize customer experiences above anything else. Do everything in your power (regardless of whether it can't scale) to add value and help your customers. 3. Build a brand and reputation that has long-lasting value.AP
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.