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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3546
Experience:  Patent Bar Certified
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I have invented and developed a prototype product that I'd

Customer Question

I have invented and developed a prototype product that I'd like to license. What are the steps to licensing to get the best outcome?
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 2 years ago.
There are a number of ways to address this issue. If the prototype is not something that has either been patented or is otherwise in the public domain, you may want to seek to patent the apparatus. There are different types of patents. If you are not sure that you want to go through with the patent process, but want to protect the idea, a less involved and less expensive means of accomplishing this task is to file a provisional patent application. This gives you a year of protection and the ability to more safely market the idea to others, who may be more inclined to file the non-provisional patent application, etc. If you do not want to file a patent application, a less protected means of licensing the product would be to use non-disclosure forms to swear those you are marketing the product towards to secrecy. If they like the product, you can then license or assign the apparatus to them via contract. You can give an exclusive, semi-exclusive or non-exclusive license to them (all subject to negotiation). Most prefer exclusive in this context. The best outcome is patent protection. However, if that is not on the table due to monetary considerations, then you can "get by" with a license agreement. Let me know if you have any other questions or comments. I am a licensed IP attorney with over a dozen years experience. Please also rate my answer positively. Best wishes going forward!
Customer: replied 2 years ago.
Do you file provisional patents? If so, what rates do you charge? Do you have contacts to licensing companies and do you represent clients in presenting the ideas/products to them? If so, do you charge a fee or are you willing to take a percentage of the products if/WHEN it goes to market?Thanks so much
Expert:  Delta-Lawyer replied 2 years ago.
I don't file as much as I used to due to other obligations. At the moment, I maintain my current portfolio of business. That said, I will be happy to assist you in locating an attorney to work at reasonable rates on your project. What city and state are you located in currently?
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any additional questions or comments. I want you to be as comfortable as possible as you move forward. Thanks!

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