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I am still in the process of getting my patent, I would appreciate if someone has experience or knowledge to license a patent not sell a patent,

  1. what is the best timing to contact a potential licensee without risking being ripped off.
  2. if the licensee infringe my invention, which one should be considered as the infringing date by the court, my application date, publication date, or the date I contact the licensee?
  3. is it possible that they (potential licensee ) apply for the same patent themselves since they have a lot of lawyer who might obtain the patent before me.my application has been 12 months now.

I know the most secure way is I get the patent granted but according to the experts here, it takes at least another one year. any alternatives I could start licensing my pending patent. I don't think NDA works.

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Infringement occurs only if someone makes, sells, offers for sale, imports or uses something that falls under your granted claims.

People do start talking to potential licensees before a patent is granted. The rely on the patent pending status and can share the information in the application - not necessarily the document itself. They can try to design around your claims but if your invention is licensable from you at a reasonable royalty and they think your pending application will protect them from others there is no reason to try to steal your invention.

Venture capitalists do not sign NDAs but corporations often do enter into them.

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  • Hi George, my potential clients are big corporations, then I might use NDAs if this is a common practices. could I say I will have priority to others who apply for the same patent even my application was rejected. I DO want to contact them as soon as possible.
    – cmabill
    Commented Jun 25 at 7:57
  • If you application goes abandoned without a grant and you have nothing else on file then you will have no rights. The publication will hinder you and others from claiming anything it disclosed in any later filing.
    – George White ♦
    Commented Jun 25 at 15:40

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