1

I have filed a Continuation, that focuses on a totally different aspect of the invention, and, if and when granted, expect the Continuation patent to be worth more than the original patent.

Assuming I want to eventually sell both patents in the putative patent family, would it be OK to try to sell the current patent now to one buyer, or could this severely reduce the value and sales prospects for sale of the second patent to a second buyer?

1

a Continuation, that focuses on a totally different aspect of the invention

Let's hope the PTO agrees that it's a "totally different aspect". If not, you may receive an obviousness-type double-patenting rejection to overcome. Usually, that's done with a terminal disclaimer that will require common ownership of the patents. I would be very wary of selling the first patent before the PTO has even started examining the second application.

or could this severely reduce the value and sales prospects for sale of the second patent to a second buyer?

The problems associated with this scenario are why, 99% of the time, it will be a requirement that common ownership of the patents is maintained.

Of course, talk to a real lawyer who can look at all the details of your case and all that.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.