Q2: Can you license just an idea?
A: Practically, no. What is theoretically possible --and what makes good
business sense-- may be two different things. It is difficult enough to
license protected, issued patents! You really need a proprietary position
(eg. a patent, patent pending, copyright or recognized trademark) to play
in the game. Although it is possible to license something that is
unpatented [1 in 100,000? odds], it is NOT practical, workable, or likely;
indeed, your odds might be better of getting a hole-in-one or winning the
lottery than licensing an unpatented device. If something is not patented,
what legal claim to the technology do you have? Why should anyone pay you
for it, when it is likely public domain? That is how a prospective acquirer
looks at it. A patent can make the difference. But even WITH a patent,
the odds of success are small [1 in 100? odds]. However, a patent gives
you a legal stake and a greatly increased chance, if the device is marketable.
See also our I have
an idea.. page for basic steps in developing an idea into a product.
The above is general marketing information. The
above is absolutely NOT intended as legal advice; please consult your attorney
for all legal matters.
us your FAQs. Please also see TheHook's books
page which has some more helpful material. Our policy
page can clear up more questions.
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