You do not need to have realized, developed, implemented the subject of a patent application in order to be granted patent protection. Many inventors and companies file non-provisional patent applications on simple ideas and they are awarded patents. The USPTO, or most any jurisdiction of the developed world, does not require that the subject of the patent is developed or brought to reality. This enables the inventors and companies to patent their ideas and the license out the patent rights to entities that will develop the idea, collecting royalty. Unfortunately, this may result in Patent Trolls and Patent Trolling. Sometimes, it’s wise to start with a provisional patent filing on an idea will you expand upon your idea. Follow the link for the reasoning.
If you are interested in more detail related to your situation it is best to speak with an attorney.
Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.
Source: Smartup Legal
