Legal Question in Intellectual Property in California

Hey everyone!

Regarding provisional patents in licensing, in the great bankrupt state of California:

1) If I wanted to disclose an idea of mine to a compay, having used a provisional patent application to legally state "patent pending," how much protection do I really have?

2) Since a ppa gives the owner some sort of protection for 1 year, couldn't a company wait me out until the year is done and put my idea to good use without compensating me?

3) What must I disclose to a company concerning it's pending patent? Just have them acknowledge that my idea is "patent pending," correct?

4) If so, then why file for a ppa in the first place? Suppose I were bluff and simply tell them it's "patent pending." How does this affect further negotiations when it comes time to write up a contract and pay me?

Thanks everyone!


Asked on 2/07/11, 8:23 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

(1) You have a better opportunity to prevail in a lawsuit. However, if your net worth is $100,000 and the defendant's is $10,000,000,000, they will put up a strong defense and wear you down. The best protection an inventor has is not necessarily his provisional patent; it is probably the basic honesty and decency of the proposed partner to whom you reveal your details.

(2) Yes, but the whole process assumes that you'll move on to the next step within the year.

(3) I don't understand the question.......it's YOUR provisional patent we're discussing, right?

(4) You will certainly not bolster your legal position by lying about your patent status.

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Answered on 2/07/11, 9:40 pm


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