Can I license an idea to a company without having it patented?

Question

Could this be done if the idea is protected with an NDA?

or

Answers: 2 public & 0 private

Steven weinrieb
Patent Attorney

It would be a question of what is the idea actually worth - you may not know it, but an idea per se cannot be patented. Only an actual implementation of an idea - either as an apparatus, or method, or product, or the like, can be patented. Therefore, if an idea per se cannot be patented, one has to ask themselves what is an idea per se actually worth, and therefore can it be licensed? My guess would be only if the licensee actually sees or appreciates its value when actually implemented, but they would have to know or have some good idea of how to actually implement it.

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