I understand that if I send letters to companies asking if they want to license my patent, I risk a company seeking a declaratory judgment against me.

Instead of licensing my patent, if I want to sell the patent outright, do I still risk a declaratory judgment action, and if so, is there some verbiage I can use to avoid this risk?

I want to sell the patent outright, I do not want to sue anyone.


Yes, it's possible that you can be sued via a "Declaratory Judgement Action" (DJ Action) if you contact companies in the wrong way.

The bar for opening yourself up to a DJ Action is really low, so sending letters out without at least some advice from an attorney is not a good idea. An attorney will be able to help craft the right "verbiage" that will minimize risk of being sued.

Also, consider working with a patent broker to help sell your patent. They often have direct connections with companies looking to buy IP.

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