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Secrecy/Non-publication do you lose value if dozens of companys are informed?
Posted by Anonymous . updated on 2/26/2009
I'm trying to decide whether or not to approach several dozen potential licensees or go after the best bet. I'm worried that if I approach the industry then my eventual licensee and I will lose options down the road:
- If the word gets out wouldn't that force a decision on foreign filing? (otherwise we could wait until the US patent is almost ready to issue to file abroad? or even cancel the original application and refile in the U.S. to extend the maximum patent term and options?)
- A competitor that likes the idea but doesn't win a license could just go it alone and hurt the value of the product. After all a prospective licensee can become a real competitor right?
On the other hand I don't want to miss out on a bidding war and a better offer.
The invention is in the kitchen gadget area and I have a non-publication request with an 18mo prediction to a first office action. I suppose the ideal scenario I see is to get a fair percentage deal with my first choice, cancel the original app, refile to extend the maximum term, catch competitors unaware, and get rich over the next 22 years or so.
Thank you!
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