You are probably wondering when is the best time to market your invention. After you secure patent pending status is when you should market your invention. You can secure patent pending status by filing a patent application. If you do not wait until you secure patent pending status, you risk losing your patent rights if someone else files a patent application before you while you are marketing your invention.
You, as an inventor, have a one-year grace period to test market your invention. The one-year grace period starts when you begin to market your invention. United States patent law describes marketing activities as three distinct activities. These are public use, offer for sale, and distribute a printed publication of the invention without filing a patent application. Inventors engage in these activities when they market or commercialize their inventions. You can always also file a patent application before the one year period is up. But, if an application is not filed within one year of starting efforts to market the invention, the inventor is barred forever from seeking patent protection. It is not recommended to rely on this one-year grace period. If a third party files a patent application related to your invention before you file your own patent application with the United States Patent office, the third party’s actions would be considered prior art and could invalidate your patent. This is known as “First-Inventor-to File Regime.”
The big problem if you market your invention before filing your patent application is the third party will get the patent even if the third party saw the invention and copied it as long as the third party is the first to file. You could have recourse against the third party but this could require lots of time and money. Litigation is very unpredictable and it may not be economically feasible in this situation. Therefore, the one-year grace period is solely personal to you and your situation and not something and should not be relied on to safely market your invention before you file the patent application with the United States Patent Office. This is why you should market your invention after filing a patent application to secure patent pending status. You can still market your invention before you file the application but it is not worth losing your patent protection after invention after investing time and money into launching your product.
You should consult with an attorney so they can advise you when you should market your invention and the necessary steps to file your patent application.
