Friday, September 24, 2004 3:10:19 PM
"I doubt any large company will put a signatures to agreements until patents have been issued."
Why?
Once an application is submitted the idea is protected. The patent, once issued, applies retroactively to the date of submission. If a patent application has value there is no reason to wait for the award of the patent to begin to exploit the intellectual property. The sooner you get started in developing the ideas, the sooner you reap the economic benefit.
There is absolutely no advantage in waiting for a patent award if an idea is considered valuable and patentable. Large, successful companies are more than capable of assessing the value, as well as the patentability of these concepts.
The only reason someone would wait would be if they thought the application had little chance of being granted and they were just waiting for confirmation of their assumption.
Even then they could buy up the idea and negotiate a license that was conditional on the eventual patent approval. Products could be developed and distributed and the license fee would vary based on the outcome of the patent process. An advance fee paid up front and a retroactive increase held in escrow and paid when the patent is finally issued.
Waiting for the patent process to conclude before proceeding with marketable resources is a fools game. Unawarded patents only have significant value in the imagination of uninformed dreamers. There are no conceivable reasons to wait for an unknown number of years before proceeding with cutting edge technologies. (If they exist)
regards,
frog
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