Intellectual property protection only happens if a patent is awarded.
There are a lot of failure points along the way to a patent. If the provisional patent application is not followed by a patent application in 12 months, it is null and void.
One can still apply for a patent, but if someone else duplicates the invention and files first, your application will be worthless.
Finally, the patent examiner can determine that the patent does not meet the USPTO's requirements for patent protection. In that case, patents are abandoned, as KBLB has done.
Although we have an 'exclusive' license for the use of spider silk sequences, that is far less powerful than you imagine. For one thing, we don't have an unlimited license even for silkworms. I don't think we have the right to produce military or sporting goods applications. I'm guessing KBLB is assuming we can secure those rights, but perhaps not an exclusive license.
Next, some of those patents expire in 2 years. That's not a lot of protection.
Finally, Randy Lewis is reportedly working with silkworms now. He controls the patents, so he may find a way to rip the license from our hands.
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