How to Sell Patent Pending Ideas

A pending patent is an intermediate step before taking out a full patent. It protects your idea but doesn't cost as much or require as much work as a full patent would. This gives you a chance to test-market your idea without having to worry that the businesses you show it to will duplicate it and apply for a patent of their own. You should make sure that your idea is one you will be able to patent eventually.

Instructions

    • 1

      Confirm that your idea is something you can patent. To qualify for a utility patent, for example---the category that includes machines, chemicals and manufactured items---your proposed invention must be useful and significantly different from previous inventions. It must also be non-obvious, something that would surprise professionals in your field of research.

    • 2

      Draft and submit a provisional patent application along with the fee ($220 as of 2011). The application will include text and drawings detailing your invention and how to use it. Once you submit that to the U.S. Patent Office, you have 12 months to submit a full patent application; after that, your provisional application will expire.

    • 3

      Condense your concept down to a one-page sales pitch. Explain what you've invented and why it will be profitable. Then contact mid-sized, growing companies to propose licensing your idea, preferably someone in the sales, product development or marketing departments rather than the CEO.

    • 4

      Talk to the company representatives about the licensing fees they'd be willing to pay to become the exclusive manufacturer of your idea. Be careful not to demand too much: until your product hits the market, it's still unproven, and the company that sells it will shoulder most of the risk.

Tips & Warnings

  • Many companies will offer to help you get your idea before manufacturers. Some of these middlemen are on the level, while others may be looking to scam you. Be very careful not to get taken advantage of. The U.S. Patent Office has an online forum where you can learn from the experiences of other inventors.

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