Work in my new patents similar to the one I am selling

[Patent_Question]

What is the name of your state? FL

I am selling my invent now, but I have questions:

I want that any possible buyer(s) must specify that the, me, the inventor, I will retain the rights to absolutely create another different invents in the same field, that will be, of course, considered a totally different and isolate new product than the one granted patent I am selling now.

I mean, so, the buyer is authorizing the original inventor to proceed without any other permission, arrangements, etc, to continue with his career of an Inventor of the similar invention is sold or licenced, or other types of different inventions related in some way.

So, by that means, the inventor should signing a different contract explaining that the buyer(s) will be the very first option to sell new & totally distinct related patents?

Not matter the inventor will concentrate his efforts inventing and using the same or similar own visual ornamental characteristics embodied in, or applied to, appearance, configuration or shape, to the surface ornamentation applied, or to the combination of configuration and surface ornamentation of the US patent to be sold?

Not matter it is used for new and separate utility or design patent applications or granted patents?

For example, you agree to buy to an Baker one cake of triangular shape buy you can not deny him to baking new cakes of triangular shape but with pieces of strawberries, etc,
in its new pattern, because this is exactly the way that the Baker only knows to earn his leaving.

Can somebody comment, please?

 

[divgradcurl]

If you sell an invention that is covered by a patent, you retain the patent rights.

If you sell the patent, you retain nothing. However, if you DO want to retain something, there are two ways of doing this:

1. Sell the patent, but retain a license to continue to create new inventions, or

2. Sell a non-exclusive license, but retain the actual patent.

In any event, any of these will effectively make the patent worthless to the buyer. The only thing a patent gets you is the right to exlude someone else from "practicing" the patent. If you obtain a patent, but there is a licensee (you) who can build upon the patent and then sell the NEW stuff to another person, then what does the original patentee have? Nothing. And if the license is such that anyone who buys one of these "later" patents can still be sued by the original patent holder, then what has the later patent buyer have? Nothing.

If you want to sell the patent, you need to expect that you will not retain any rights to the invention -- otherwise, it's unlikely that you will find a buyer. You, of course, can continue to invent, but if you create a new invention that builds upon the earlier invention, you may run into patent problems.

Depending on what your actual invention is, maybe you can work something out here -- but in general, it is unlikely that you will be able to both sell the patent AND retain the ability to keep inventing and selling.

If what you want is to be able to continue to invent OTHER things that are not dependent or related to the original invention, even if inthe same field, then you don't need permission to do that.

 

[Patent_Question]

divgradcurl :
Thanks a lot for your reply.
I appreciatte it!

Yes, as I see I must ask to the buyer the permission for future patents-inventions to the one I am selling to it.

Why?
Because this new invention in the proccess for the applying is just a 'modification' (a little different in ornamentation) with other things not included in the present one,
and
I guess I have to tell them that they will be the first option when it be 'patent pending', no? Or they anyways will be the 'ONLY' option to sell them the new patent as a new & different patent?

As I know any patent pending' can be manufactured after the application, and more than I am the original owner.

Other question: Can I try to send the new patent application to the same Uspto Examiners again, caus ethey know my work? Can be accelerated the new patent to be granted?

I have more questions later.

Thanks a lot for the great answers you did to my questions.

 

[divgradcurl]

Why?
Because this new invention in the proccess for the applying is just a 'modification' (a little different in ornamentation) with other things not included in the present one,
and
I guess I have to tell them that they will be the first option when it be 'patent pending', no? Or they anyways will be the 'ONLY' option to sell them the new patent as a new & different patent?

I'm not 100% sure what you are asking, but I'll try. Here's the thing about patents -- if you have a patent on some invention, call it "A," someone else could discover an improvement to "A," maybe by adding some "B" to it, for example, and this improved invention "A+B+ is a "new" invention entitled to a patent. You, as the inventor of "A" can do nothing to stop a second inventor from inventing and patenting "A+B." However, because you can't actual make, or "practice," "A+B" without using "A," which is covered by your patent, the second person effectively cannot do anything with their patent on "A+B" without your permission. In fact, unless you grant them a license to "A," about the only thing they can do is keep YOU from making "A+B." But they can invent and patent "A+B," without your permission -- but they cannot "practice" their patent without a license.

I'm not sure if that answers your question of not. If not, maybe you could rephrase the question to make it more understandable.

Other question: Can I try to send the new patent application to the same Uspto Examiners again, caus ethey know my work? Can be accelerated the new patent to be granted?

No.

If the "new" patent were a divisional, a continuation, or a continuation-in-part of the original patent application, then the application would go to the same examiner. Your new application MIGHT go to the same examiner, expecially if it is in the same field of endeavor, but there is no guarantee, and that wouldn't impact the speed at which the second patent would be issued in any event.

Is your patent a design patent, or a utility patent?