How quickly can I market my invention after filing a patent application?
The moment you file your patent application, you can (and should) switch gears and start marketing it.
Here’s why:
No matter how fast someone else tries to whip up a patent application and file it with the U.S. Patent and Trademark Office, he or she is going to receive a later filing date. And, secondly, he or she would have to lie in the patent application (specifically in the Patent Application Declaration) that he or she is the original inventor of the invention; that’s perjury, which can result in rather serious consequences.
For reference, check out the USPTO’s form PTO/SB/01 for “Declaration for Utility or Design Patent Application”: http://www.uspto.gov/web/forms/sb0001.pdf
Note towards the bottom of page three, above the Inventor’s Signature, the oath:
“I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001 and that such willful false statements may jeopardize the validity of the application or any patent issued thereon.”
You can see why it would be unwise for someone to pretend to be the original inventor of an invention.
There are many reasons to start marketing your invention quickly after patent application filing. I’ll follow up with other articles on this topic. Stay tuned.
– Eric
I have filed a patent application on an invention and i need to get it in front of the right people to sell or license it.
how can you help me?
Hi Eric.
Supposing I submit my application and immediately market my idea and a manufacturer agrees to produce it, etc. Can I begin selling the product while the patent is pending.
Thank you!
Leana
Hi Kenneth.
I can’t help you directly. However, there are steps you can take yourself to get your invention into the marketplace.
The simplest (and sometimes the most effective) method is to simply write and send letters to the manufacturers of products in the field of your invention. For instance, if you’ve invented a new device in the sports-accessory field, send letters to Nike, Adidas, Reebok, etc. Make sure your letter indicates right up front that you’ve applied for a patent on your invention. That will get their attention — and they’ll take you more seriously. (Companies are inundated with “new product” ideas all of the time; many of these are just raw ideas. Having a patent application under your belt gives you great leverage.)
Most companies have a new-product or product-development department. Take some time to compile a good contact and address list. Call the companies and ask for the names of the persons who head up the departments. The more personalized your letter, the better chance you will have to get your invention reviewed in a serious manner.
Try the above as your first step. See if you can get some traction this way.
Let me know how it goes. Best of luck!
– Eric
Hi again, Leana.
You’ve touched upon one of the biggest benefits of filing a patent application.
You can begin marketing and selling your product as soon as you hand your patent application (inside a U.S. Post Office “Express Mail” envelope) to the postal clerk at the post office. The moment your patent application is in the U.S. mail to the U.S. Patent and Trademark Office, and you have the “Express Mail” receipt in your hands, your invention is officially “patent pending” — and you can begin your marketing, production, and sales activities.
Excellent question. Keep up the energy and enthusiasm!
– Eric
Eric is right: Indeed there are many reasons to begin marketing your patent after your initial patent application and during your invention’s development stage:
1. There is almost always a substantial gap between invention completion and getting to the end of the marketing phase. If you wait until you complete your invention before you start marketing it, the delay will be longer. If you market your invention carefully, the extra delay is unnecessary. And for technology startup companies can placee critical strain on cash-flow and indeed survival.
2. Once to start talking to and engaging with your potential customers’, you can better make sure that your development roadmap is fully aligned with those future market trends and drivers that only direct customer-facing feedback can provide
3. If you need finance to develop your invention, it will be easier to obtain from investors if you can show them real evidence of interest from potential customers or licensees.
best wishes,
Ray
Hi Eric,
Great Blog,
I have invented several product ideas, including a pair of inline skates that converted into ice-skates. As I was developing the working proto-types, the skates “magically” appeared on the shelves of sports authority. I have two very sound ideas that I believe have a market place. I have working prototypes on both. I have done a patent search already but have not patented them yet. Is there a way to get these ideas in front of a manufacturer or a prospect investor without the expense of a patent and without the risk of having my ideas used? I know the importance of insuring that a market exist for my product, and one of the ways is to show the product, how can I safeguard my ideas? Thanks a bunch, Mauricio
Hi Mauricio. Thank you for the kind words regarding the blog.
Although I don’t recommend it, some people opt to approach a manufacturer or potential investor with what’s called a Non-Disclosure Agreement — or NDA for short. It’s a risky approach, because agreements can be broken. That’s why I advocate filing a patent application. By doing it yourself, you can save significant costs. And once the patent application is filed with the U.S. Patent and Trademark Office, your invention becomes “patent pending” — and in most cases you can start marketing your invention with confidence.
Read through the posts elsewhere in this site for some ideas regarding preparing and filing a patent application.
Glad to help. Best of luck with your inventions!
– Eric
Hi Eric,
I really appreciate your help on this fascinating topic.
I have a question regarding the reasoning behind marketing the invention right after the patent is filed or even mailed to the USPTO. My understanding from your post is that my invention would be protected because on the Utility or Design Patent Application we declare:
“…that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001…”
In other words, the law would protect us from those who could intend to copy our invention if we submit our patent application first. So, we could start marketing our idea because in order for others to copy our invention they would have to provide a false testimony on their patent application or fall into a patent infringement. Do I have that right?
If so, what happens if we flip the equation around? How can I know whether there is a pending application for a patent that was filled- let’s say- the day before I submitted mine? Of course, I can do a patent search and determine whether there is an already existing patent for my invention, but how can I get information about those that are pending? So, if I start marketing right away, don’t I run the risk of marketing somebody else’s pending patent? Any repercusions?
I understand that in this case scenario, the applicant is not willingly providing a false statement; however, I also know that in many areas of the law good intentions does not relive the person from responsibility.
What are your thoughts regarding my hypothesis?
Thanks a lot!!!
Hi Martin.
This is an excellent question. Thank you for posting it.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric