If a company outright bought the rights to the patent for X dollars while it was still in pending status, what would happen if later the patent is rejected?
asked Jan 18, 2022 at 2:48
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This is really about contract law. What ever the contract defines holds.– Eric S ♦Jan 18, 2022 at 3:32
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1 Answer
If they bought (licensed) your future rights, leaving you responsible for prosecuting the application and with no conditions, they would have wasted their money since there are no rights in the end.
If they paid you to assign the invention and application to them then you would be out of the picture and they could spend their money on an appeal, a continuation application or otherwise try to pursue getting something for their bargain.
answered Jan 18, 2022 at 3:35
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I think this question probably should be closed. It’s a contracts question not a patent question.– Eric S ♦Jan 18, 2022 at 3:44
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You are correct - I thought it helpful to distinguish between an exclusive license and an assignment but didn’t do that very clearly.– George White ♦Jan 18, 2022 at 4:06