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July 17, 2023
John Rizvi, Esq.

Can You Sell a Patent Pending Invention?

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00:06

Willard M would like to know, is a patent pending document, something that can be sold. Yes, absolutely. So what companies are paying you for is it's called the priority date. And I'll pro quick, I'll explain how patent pending and priority works. Like, say, inventor. Here's a timeline. This is, let's say, June 2020.

00:34
Say,

00:36
Adam, as it moves us a file is a provisional patent in June 2020. Now,

00:46
in August 2020. Bob, if I was a patent, he's be

00:53
the beauty of patent pending, is that as long as within 12 months, and that's where the 12 month time period comes in, as long as sometime within 12 months, a

01:06
files, then a, Trump's B. And then Adam Trump's Bob, and Adam has rights to the idea. So the short answer to whether patent pending, is provides rights is absolutely. But here's here's a little bit longer answer. And I know we're almost out of time. So I'll make this quick. Everybody is zoomed out these days because of the pandemic. So one promise I make is that we ended at one sharp, but

01:36
would you have if A's application is not done right? Then he goes along feeling fully protected for a year, and then bam, he loses rights to B, because we argued that he should not be given protection, because A is not even though they filed first they did not file a enabling application under 35 USC Section 112. So it has to be enabling it has to be filed, right? It's just like if you go to a bingo game, they don't give you the prize because you yell bingo. If you have to go up front and show them your card. And you have to show them that your letters and your chips line up. Only then are you declared the winner. Patents are the same way. It's great that you file first. But what did you file first? So somebody needs to go over it and verify that a actually had the idea before it be? Because what if a left out critical components or if it was not written by a patent attorney or written by an attorney that didn't take the time to write it properly? Then you're at risk of the second inventor second to file can win that I love the terminology first file. It's a little bit misleading because it's not just the first to file a piece of crap that wins. It's the first to file a fully enabling application

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