Provisional Application Covered by License Agreement

Posted by Michael Shimokaji | Mar 25, 2014 | 0 Comments

Question: What happens if I have invention idea and filed Provisional Patent Application, a manufacturer is very interested and decided to sign licensing agreement with me, then made and sold the product, later found out my regular patent application is denied? Do I have to return the licensing fee to the manufacturer?

Answer: The obligation to continue to pay licensing fees depends on the provisions in your licensing agreement.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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