質問
I would probably not like to incur the high cost of patent application. How would I sell an invention without a patent and how would that be different than if I had a patent on the tech?
回答: 3 public & 1 非公開
I would like to clarify one point in addition to Yang Guoquan response, being specified that this applies regardless of the law to be applied..
An invention assumed patentable but not yet actually patented, constitutes what is called "a patentable knowledge." This is, no more, no less, an element of know-how.
This patentable knowledge can be transferred by contract, communicated as standard features which element of expertise. You can sell a patentable invention as you can sell a (utility) patent or communicate know-how.
But there are several small differences between the sale of the invention itself and the actual assignment of the patent on the invention: when you sell a supposed patentable invention you must:
- define the invention and its technical specifications in contractual technical appendices,
- give the right to patent such invention, that is to say the "right to a patent,"
- and renounce to patent the said invention (except to keep the right to make use of the invention if your assignee agrees).
In addition, a not yet patented invention has value only if it is secret and, as assignor, you must ensure, in the assignment contract, a total confidentiality on the characteristics of the invention as on the agreement in itself.
I hope I was enough clear.
Feel free to revert to me for all details.
Sincerely yours,
Simon
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