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My father has a patent, registered about 10 years ago, but only in our home country - he has never made a PCT filing. Now, a company from another country is interested in that technology. How can we sell/license it to them? Is it impossible to get a patent in their country because the local patent is too old?

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Is it impossible to get a patent in their country because the local patent is too old?

Correct: you are unfortunately out of luck.

The current patent is now prior art for all countries, so that a new application in another country would lack novelty. Moreover, you are well past any deadlines for claiming priority (which must be done within 12 months of the first filing).

How can we sell/license it to them?

This would be based on the laws of your jurisdiction. Typically this just requires a contract, but may require the assignment/licence to be recorded at the patent office.

  • Thank you for the answers. I guess the second question should have ended with "without getting ripped off". What the company wants to do is get access to technology for testing first but I guess once they have it there will be nothing stopping them from using it without paying us anything, correct? – Olzhas Mar 29 '17 at 7:51
  • @Olzhas I don't really have a good answer for that, as I fear that is more of a question of negotiating a suitable contract, rather than a patent matter. I would definitely suggest contacting a lawyer in your jurisdiction to discuss how to safeguard your interests. – Maca Mar 29 '17 at 9:32

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