FAQs on Patents & Copyrights

1.  Can I sell my patent? 

One of the goals of getting a patent is to make money from the patent and yes you can sell the patent like personal property.

2.  How do I make money on licensing my patent?

 

First you should get a filing date for the patent.....

3.  Why would I license a patent instead of selling it outright?

It depends on your objectives. if you are getting continuing payments, like those based on sales, you would want to keep title to the patent and just license it. if you sell for a lump sum, then you assign it and are rid of it.

Sometimes the prospective buyer doesn't have the cash you want, and it is nice to keep title if you don't get the cash now. in a sense you share the risk of making a profit with the buyer and can expect to get a better price if you take a royalty on sales.

4.    How do I know if my issued patent is being infringed?

When someone is making, selling, importing or using something that includes every element of at least one claim of the issued patent.

5.    When does publication of a copyright occur?

Publication occurs when copies of a work of authorship are made available to the general public.

Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.

Publication occurs when by consent of the copyright owner the original or tangible copies of a work are sold, leased, loaned, given away, or otherwise made available to the general public, or when an authorized offer is made to dispose of the work in any such manner, even if a sale or other such disposition does not in fact occur.