Avid Bioservices Inc (CDMO)

[north40000]

"NO, the patent hasn't been issued.....Do you think you can't sell/license the technology claimed in the patent application before the patent is actually granted? "

Of course you can sell technology with or without 1) a patent application or 2) a patent embracing that technology...trade secrets or other confidential info are example(s).

But ask yourself...trade secrets can be reverse-engineered and duplicated by any competitor....Coke formula is the exception to that concept I know of...complete formula is still locked in a safe somewhere, and a very few employees know only parts of the formula.

Patent applications that are published, but are not issued, offer no statutory right to exclude others like patents bring to the table....do they?

Issued patents, IMO, are more valuable in any negotiating process. Patents grant a right to exclude others from competing with the technology embraced within the patent claims. Those patents do have a potential downside if a 3rd party entity knows of prior art that can cause the patent claims to be invalid.