I am currently on a H1 B visa. I have applied for a commercial product utility patent.
Now I am looking to license it out to companies and may be earn royalty on the same.
I do not intend to get involved in any of the process but just license out my patent to interested companies.
I am not sure how it would play our legally. i would like to know my options.
You really need to set up a private consult to discuss your situation. You are currently authorized to work (earn income) based on your h1b.
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This is a case-sensitive issue. Have a consultation with an experienced immigration attorney to ensure that you fully comply with the terms of your status in the U.S. Have a great week.
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The substance of your question is not a matter of US immigration law. After all, you are asking immigration lawyers a very business question having nothing to do with immigration statutes or regulations. The matter of concern for you as far as those statutes and regulations are concerned is the fact that such activity could and would be viewed as a form of unauthorized employment - self employment, which would render your immigration status violated and you out of status.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Royalty is not the issue. The matter to be discussed with an attorney would be the activity leading to the patent.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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