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Patent -- Two Patents in Play
Posted by Anonymous . updated on 2/18/2011
We have several multinationals interested in licensing our client’s patent (PCT filing). It's taken nearly three years to get to this point and there's a complicating factor. The initial design was of great interest (and current interest) to them, but inventor felt the examiner's report wasn't positive enough. So inventor redesigned and now feels he has a stronger patent; however the potential licensees like design #1 better. If, in fact #1 is a weaker patent but potential licensees are most interest in that (with lukewarm interest in #2 design), should we refocus on #1? And, if so, how much does that hurt our negotiating position, if it is really 'weaker'?
Answers (1)
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Dave Korpi
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Great question...
Here is what you will want to consider..
A Provisional Patent Application will allow you to file the new inventive idea and have it "available" to convert to a non-provisional patent should the interest escalate. So, my suggestion is this: Spend the $110 to get a provisional filed and get the idea protected. If, within 12 months (now you can extend to 24 months) you find it is of value then convert it to a non provisional. In the US this only costs $110. Google Provisional Patent Video Course to see how you can do it easily within a few hours if you have your idea all defined.
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