Technology
Selling Products vs. Patenting: Key Considerations and Strategies
Selling Products vs. Patenting: Key Considerations and Strategies
When developing a new product, deciding when to sell versus patent can be a crucial decision. This article addresses the key considerations and strategies for ensuring your product's intellectual property rights are protected while allowing you to test the market viability.
Can You Sell Your Product Before Filing a Provisional Patent?
Before you file a provisional patent application, it is generally advisable not to openly sell your product. Doing so could disclose your invention, which might eliminate the chance of obtaining a patent later on. However, if you wish to receive customer feedback, consider offering the product in a confidential manner, such as through a non-disclosure agreement with interested customers. Consulting with a patent attorney can also provide valuable guidance.
Exploring the Benefits of a Provisional Patent Application
Provisional patent applications offer a strategic opportunity to test the viability of your product while preserving your rights to a utility patent within 12 months. Here’s how to approach it:
File a Provisional Patent Application: This allows you to disclose the product while maintaining the rights to file a full utility patent application later. Market the Product Confidently: You can introduce and sell the product while keeping the specific details of the invention confidential. File a Utility Patent Application: Within the 12-month period, file a non-provisional (utility) patent application that claims priority to the provisional.Navigating Patent Rights Across Different Jurisdictions
The rules for protecting your patent rights can vary based on geographical locations. Consider the following points:
United States: You have up to 12 months from the provisional filing to file for a utility patent. Other Major Patenting Countries: Prioritizing your application in the US can provide additional protection, but selling the product publicly might result in immediate loss of rights in other countries. Publication of Invention Details: If your sales activity makes the invention's workings public, you only have 12 months to file in the US but lose rights in other countries immediately. No Public Disclosure: If you keep the specific details of the invention confidential during sales, your rights are safe in most parts of the world within the 12-month period.Conclusion
In conclusion, patenting your product before entering the market can be a strategic move. However, selling your product while maintaining confidentiality is also crucial. Understanding the nuances of provisional patent applications and considering the jurisdictional differences can help you make informed decisions. Consulting with a patent attorney can provide tailored advice to protect your intellectual property and ensure the success of your product.