How do I answer when someone wants to know what we win or earn with your granted patent? 2 Answers as of July 07, 2011

If the hospital granted me the opportunity to test my med (USPTO granted) device in its patients (signing a consent agreement, etc)... and they ask me that question... what, you as the owner of that device, would answer to them? Will they ask for what exactly? A percentage? Exclusivity? Please explain.

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
This is a complicated question. I assume you question is what is in it for you... Frankly, if you can obtain a license on your patent that would be a great thing. What you want is money, as much as they will pay. So you have a lot of work to do. I would suggest contacting an attorney to discuss your request in greater detail. Good luck.
Answer Applies to: Kansas
Replied: 7/7/2011
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
This question is essentially incomprehensible. It sounds like you are negotiating with a medical organization (hospital?) which has proposed to conduct clinical trials using your patented medical device. Such negotiations depend on the specific facts and circumstances concerning your invention, its potential uses is treating patients, and many other factors and circumstances. Chances are that your invention cannot be sold commercially unless it is successfully tested on humans. In order to test a medical device on humans, an application must be filed with the FDA which include various pre-clinical trial test results (i.e., test results on animals), and various other pieces of information. Preparation of such an application is time consuming and expensive
Answer Applies to: New York
Replied: 6/22/2011
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