Special Situations
My application is still pending — can I start commercializing?
The short answer
Yes — and you should. Deals are routinely discussed during pendency and closed at grant, and research quantifies why: being refused a patent reduces the probability of reaching market launch by about 13 percentage points — a pending application already carries most of the commercial leverage.
The full picture
What you can do now: market the invention under 'patent pending,' talk to potential licensees (many prefer engaging early, when claims can still be shaped), and build your evidence and target lists so grant day starts at a sprint.
What to watch: pending applications aren't enforceable rights yet, buyers price the uncertainty, and claim amendments during prosecution can change what you're selling. Keep your patent attorney looped into commercial conversations so the legal and market strategies stay aligned. If you want the commercial groundwork ready before grant, that's smart timing — and we're glad to start now.
Where does your patent stand?
The Beyond the Patent Commercialization Score answers that — a professional, factor-by-factor read on your patent's licensing, sale, build, and partner potential.
Related questions
General information for patent owners — not legal advice. Read the disclaimer.