Asked in Patents (Intellectual Property)

Q: I have a technology idea to propose to some leader in the field (e.g. Samsung) in exchange for sharing a patent.

I would like them to financially support the patenting process and also develop the technology in exchange for a percentage of the patent rights.

Would this be something that such technology giants might be interested in at all?

Thank you very much for your time.

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: I cannot speak for Samsung but a more common pattern is that the big company does not want to talk to you at all until you have an issued patent. Sometimes they will talk to you once you have a patent application filed. But at that stage it is not clear whether you will obtain rights at all.

A related point is that when you get a notice of allowance, I recommend filing a continuation if you don't have other application family members live in that same patent family. This will allow the licensee to seek some additional tuned patent claims but retain your original filing date.

Likewise, when a client is hoping to license patent rights to a big company, it is often wise to file a PCT application to maintain options to seek patent rights in other countries.

I hope that this helps.

Kevin E Flynn

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