I just recently learned that it takes years for a patent to be approved (which is utterly ridiculous).

So is there a way to sell and or license out your invention while your application is waiting for a decision?

This of course assumes that your invention is indeed marketable and worthwhile.

After you submitted your utility application and you are waiting for a decision, is it OK at this point to tell other people about your invention?

Can they try to submit an identical application at this point?

What if the start to manufacture your invention after you submitted your application?

  • This is four questions some of which have asked already.
    – George White
    Jan 17, 2022 at 0:02

1 Answer 1


Licensing questions are generally off topic. That said, you can absolutely try to sell or market your invention while the patent is pending. This is done all the time.

Patents go to the first to file so anyone filing an application for the same invention after you will lose out because your application will be prior art.

  • They should lose out whether or not the OPs is granted as long as it is published. Being granted doesn’t enhance its prior art strength.
    – George White
    Jan 17, 2022 at 16:40
  • @GeorgeWhite Good point. I edited my answer as a result.
    – Eric S
    Jan 18, 2022 at 3:30

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