QUESTION

To market a new product, as an inventor do I need a patent or can I just sell my product under a licensing agreement?

Asked on Aug 15th, 2014 on Patents - New Jersey
More details to this question:
I have a company that I am working with using a disclosure agreement and they told me that I don't need a patent right away that I can use a licensing agreement if I am going to sell the product. Is it advisable to get a patent first and why does it take 4 to 5 years to get a patent, and do I have to wait that long to do anything with my product.
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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1. A patent is not a requirement to license a product, but the inventor loses his/her leverage very early in the license. If the Licensee fails to commercialize/flops, it is almost impossible to secure a second license, whereas it is not as difficult with a patent. Without a patent, you are only licensing first to market rights and that can only be licensed once. 2. If you want a patent, you want to make sure you have a patent application filed before the company begins disclosing the invention to others. You don't need to wait for a patent to issue before commercializing (you can license a patent application), but you begin losing patent rights as soon as the invention is disclosed to the public. 3. The questions you are asking are tricky and the best guidance requires much more information about your product, the company you wish to license, and the terms of the license. You should find an attorney you want to represent you in completing a license and/or patenting your product and disclose this information to obtain proper guidance. The answers I've offered are general information and should not be taken as a suggestion as to how you proceed. Good luck, Todd
Answered on Sep 10th, 2014 at 1:13 PM

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