When should I publish my patent?
October 23, 2022 | 60,00 EUR | answered by Günther Schenkenberg
Dear patent attorney,
My name is Jessica Rothwiller and I am currently working on the development of a novel product for which I have already filed a patent. Now I am faced with the decision of when to publish my patent.
The situation is as follows: I have invested a lot of time, money, and effort into developing my product and I want to ensure that I can protect my invention from imitators. At the same time, I also want to take advantage of the opportunity to publish my patent in order to attract potential investors and business partners to my product.
My concerns revolve around not knowing exactly when the right time to publish my patent is. I fear that an early publication could result in competitors copying my idea before I have had the chance to bring my product to market. On the other hand, I am also worried that a late publication could cause me to miss out on potential business opportunities and investors.
Therefore, my question to you is: When is the ideal time to publish my patent? Are there specific criteria or deadlines that I should consider? What are the advantages and disadvantages of an early versus late publication of my patent? And what steps should I take now to protect my patent to the best of my ability while also safeguarding my business interests?
Thank you in advance for your support and advice.
Sincerely,
Jessica Rothwiller
Dear Mrs. Rothwiller,
Thank you for your inquiry regarding the ideal timing for the publication of your patent. I am pleased to see that you have made significant progress in the development of your innovative product and are considering the protection of your invention. I understand your concerns regarding the timing decision and would like to provide you with some recommendations and information on this matter.
In general, there are two different options for publishing a patent: you can either publish your patent early, once 18 months have passed since the filing date, or you can delay the publication until the patent is granted. Each of these options has its advantages and disadvantages, which I will explain below.
An early publication of your patent allows you to attract potential investors and business partners to your product at an early stage. This can help raise awareness about your product and potentially generate interest in collaboration. However, early publication also carries the risk of competitors copying your idea or introducing similar products to the market before you are able to do so yourself. Therefore, it is important to ensure that your patent application contains all necessary information and protection rights to secure your invention as effectively as possible at this stage.
On the other hand, a late publication of your patent can give you more time to further develop your product, conduct market research, and target potential business partners strategically. By publishing only after the patent has been granted, you also benefit from the fact that your protection right has already been confirmed, potentially avoiding disputes over patentability. However, late publication may also mean missing out on business opportunities and investors who would have become interested in your product earlier.
To determine the ideal timing for the publication of your patent, you should carefully analyze your individual situation and goals. Consider factors such as the development stage of your product, your financing options, competition in your industry, and your long-term strategic objectives. It may also be helpful to consult with an experienced patent attorney who can evaluate your specific situation and provide you with tailored recommendations.
In addition to deciding on the timing of publication, ensure that your patent application contains all necessary protection rights and information to safeguard your invention effectively. Also consider whether it makes sense to apply for additional protection rights such as trademarks or design protection for your product to further strengthen your rights.
I hope that this information will assist you in making your decision and I am available for further questions and advice. I wish you success in marketing your product and protecting your invention.
Sincerely,
Günther Schenkenberg
Patent Attorney
