it takes more time than I expected, and I am confused with my project, a lot of plan was delayed?

could I contact potential licensee before my patent granted, how about the company use my patent and unfortunately my patent was not granted, could I still sue the company steal my invention? or I have no right to do so unless the patent granted.

any professional here have advice on how to move wisely and correctly? thanks

1 Answer 1


First off, I am not a lawyer so this isn't legal advice. A patent is only enforceable if it is granted. While an application is being processed, the common term is "patent pending". While a patent application is being processed it is common for the applicant/assignee to inform potential infringers that they have a patent pending. This might be enough to get a potential infringer to stop producing the product or negotiate a license.

Should a patent be granted you can sue an infringer. In that proceeding you can try to obtain penalties back to the publication date under some circumstances. However, if a patent is never granted you have no grounds for an infringement suit.

That said, please remember that most patent applications are initially rejected. This is part of the process. Your patent attorney will address the issues pointed out by the examiner and hopefully amend the claims or otherwise address the issues sufficiently to obtain a useful patent. I always advise inventors to work with a patent attorney or agent when pursuing a patent as it increases dramatically the likelihood of obtaining a useful patent.

  • Note that the rights to ask for reasonable royalties from before the grant date of an issued patent only goes back to the date of publication not the filing date. And there are other technicalities.
    – George White
    Feb 25 at 17:42
  • @GeorgeWhite Thanks for the comment. If you would like to edit the answer feel free to.
    – Eric S
    Feb 25 at 18:16
  • please remember that most patent applications are initially rejected. This is part of the process. Thank you so much, I am traveling, That makes sense the examiner seems has a negative report to my application, she think I am “add matter “ while I think it very obvious but I didn’t state it in description, every normal person can deduce that results. I am not patent professional but do I have chance to amend it? My understanding is that the infringement can be charged from the filing date not publication date? Did I get wrong information?
    – cmabill
    Mar 1 at 8:35
  • @cmabill You can’t add matter to the specification. But you can explain things to the examiner and edit the claims. George White edited my answer regarding from when you can determine damages from. He knows better than I do.
    – Eric S
    Mar 1 at 21:24

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