If I, as an individual, have filed for a utility patent, can my business still write "patent pending" and sell the item while the patent issues? Would I need to transfer the patent to the business first? Who would be at fault in a case where someone claims patent infringement (me as an individual, or my business)?
2 Answers from Attorneys
Stating that the patent is pending is really just a statement of fact. It matters not who the patent will be issued to in this context. For example, the entity could be licensing the technology.
Whether you intend to transfer the patent to the business depends on your broader strategy, but there will not be a requirement to do so.
Regards to liability, it will be anyone in the line of use and distribution. Both the business and you could be liable if you are practicing someone else's patent.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
You should either license the patent to your company or transfer it, else the "patent pending" could be construed as misleading. It does no harm to license it for nominal royalties.