• Home
  • About
    • Client Reviews
    • Patent Samples
    • Accolades
    • About Firm
    • Technologies
    • FAQs
  • Services
    • Patent
      • Patent Application
      • Patent Defense
      • Patent Enforcement
    • Trademark
      • Trademark Search
      • Trademark Application
      • Trademark Enforcement
      • Trademark Defense
    • Licensing
    • Worldwide IP
    • Risk Management
    • Due Diligence
  • Industries
    • Browse Patent Samples
    • Automotive Patents
    • Construction Patents
    • Consumer Products Patents
    • Electronics Patents
    • Food, Beverage, & Other Culinary Patents
    • Manufacturing Patents
    • Medical Products & Devices Patents
    • Optics Patents
    • Software & App Patents
    • Tools & Equipment Patents
  • Learning Resources
    • Videos on Patents
    • Search 180+ Articles
      • Patent process
        • Overview of Patent Process
          • Patent process timeline and major milestones
          • Patent Process: Invention to Patent Granted (Comprehensive)
          • Patent process, overall steps and procedures
        • Overview of the examination process within the USPTO
          • Highs and lows of securing patent protection for your invention
          • What is the Patent Office procedure after filing a patent application?
        • Benefits of a Patent Search
          • What is a patent search and How to do it?
        • Patent attorneys, agents and the USPTO can help with the patent process
        • USPTO Website
      • Invention Agreements
        • What is an NDA and when to use them?
        • How to use a contract to protect your invention?
        • Working with others without losing your IP rights
        • Patent Assignments for Independent Contractors
        • Losing Invention Rights When Hiring or Collaborating with Others
        • Avoid Problems: Get an Invention Assignment Agreement
      • Protect Inventions
        • Misconceptions of Provisional Patent Applications
        • Do you need to get your patent attorney to sign an NDA?
        • Can a confidentiality agreement protect me like a patent application?
        • Four types of intellectual property to protect your idea and how to use them
          • Overview of Patents and Intellectual Property
          • Patent protection benefits and why every inventor should consider getting one
          • 8 tips to successfully protect your idea
          • Benefits of Patent Protection
          • Best uses for design patents
        • Reasons to only market your invention after securing patent pendency
          • Dangers of 1 yr grace period under first-inventor-to-file system
          • File a patent application before telling others about the invention
        • Risks and benefits of securing software patent protection
          • Strategy to overcome patentable subject matter rejection
        • Pros and cons of filing a continuation-in-part application
          • What is a continuation patent application?
      • How Patent Applications Work: the Basics
        • How to respond to an office action?
        • Request for non-publication of a patent application
        • Anatomy of a Patent Document
        • How to write a broad patent application?
        • Design patents: pros and cons
      • Patent costs
        • How much does it cost to get a utility patent?
        • Provisional Patent Application: Cheap Alternative?
        • Patent Cost Framework and cash flow
        • Provisional patent application: a cheap option?
        • Cheap provisional patent applications
      • Patent infringement
        • Basics of writing a patent claim for a patent application
        • Patent Marking: Everything you wanted to know
        • Avoiding Patent Infringement
        • Can I Copy My Competitor’s Product?
        • Can I Copy My Competitor’s Product? (Design Patent)
      • Worldwide patents
        • Pros and cons of securing worldwide patent protection and their steps
        • Foreign patent filing to secure protection in other countries
      • Responding to Office Actions
        • Overview of Office Actions
      • Trademarks
        • Trademark Registration: common law, state and federal
        • How to obtain a federal trademark registration?
        • How to select a trademark?
          • Protect your idea when pitching to an investor, potential licensee, or buyer
  • Schedule Consultation
  • Contact

Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, Los Angeles County & Beyond | OC Patent Lawyer, Irvine CA

Orange County Patent Attorney

(949) 433-0900
You are here: Home / Patent application process / After Filing a Patent Application / Get off the couch, Start marketing your product

Get off the couch, Start marketing your product

August 29, 2013 by James Yang

Start Marketing Get Off the CouchIn my 10 years of experience, there are generally two different types of inventors.  There are inventors that file a patent application then wait for the patent to finally issue.  Then, there are those that immediately hit the pavement and start to market their product/services as soon as possible.  If you are the second type of inventor, the best time to start marketing your product or service is right after your patent attorney files your patent application.

The benefit of marketing your product immediately after you file your patent application is that you can take advantage of the backlog at the patent office.  After filing of your patent application, there are no significant legal fees and no significant notices from the patent office.  You just wait for the Patent Office to work its way to your patent application.  During this period, you can do many low cost activities such as prepare a business plan, find distributors, find manufacturers, research the market for your product, etc.  Some of these items should be finished before you file your patent application.  High ticket items can also be done during this pendency period.

These activities help you to determine the marketability for your product.  If the product is well received by the marketplace, then you are in a better position to make decisions as to whether you should spend more money to vigorously fight for allowance of your patent application (e.g., respond to office actions and appeal the case if need be).  If the product is not being well received by consumers, then you know that you can drop your patent application and not spend more money on legal fees.

For those inventors that wait till the Patent Office grants a patent to market their product, the bad news is that there will be additional costs involved in obtaining the patent such as issue fees and maintenance fees.  You will have to pay these fees without knowing whether consumers will buy your patented product.  You might think that you will drop the product if the Patent Office rejects your application for patent.  Unfortunately, you can’t tell whether the patent office will ultimately grant or deny you a patent based on the first office action.  We must respond to the office action, hold a telephonic interview with the examiner or in other words spends more money to figure out the real stance of the examiner.

I can certainly understand the need to be cautious.  Hence, I highly recommend finishing the lower cost items first to see if you can get a feel for consumers.

However, if the idea is worth a million dollars, then my perspective is that one should immediately market, market, market the product.  Why wait?

One reason for waiting is that the inventor or startup is short of cash and cannot afford to invest more money until they have patent protection.  Some companies and investors are more willing to invest if they see patent protection.  There may be other factors but as a general rule, I recommend doing at least the lower-cost marketing items to get a feel for whether consumers will buy your product.

Should you have any further questions or comments, please do not hesitate to contact me at [email protected] or (949) 433-0900.

  • Facebook
  • Twitter
  • LinkedIn

Author

James Yang is a patent attorney. For more than 16 years, James Yang has been representing clients to secure patent protection for their inventions and register trademarks to protect their brands. If you need help, call him at (949) 433-0900. Read More…

Professional Profile

James Yang Business Patent Attorney

James Yang, Patent Attorney

James Yang is a patent attorney whose practice encompasses all area of intellectual law including patents, trademarks, copyrights and trade secrets. He serves clients within Orange County and Los Angeles County, California.

About James Yang

Popular Posts

  • Patent process overview
  • Patent process explained
  • How much does a patent cost?

New Book Release

Navigating the Patent System - new book by Orange County patent attorney, James Yang

Navigating the Patent System: Learn the patent process and strategies to protect your invention

Read for Free
Buy at Amazon

Peer Recognition

top attorney patent application
client choice patent application
Rated by Super Lawyers
AV Preeminent rating

RECEIVE PATENT ARTICLES

Stay up to date on major changes and get tips on the patent process.

We respect your privacy.

Popular Posts

Patent process overview
Patent process explained
How much does a patent cost?
Trademark process and costs
Patent process and costs

 

Services

  • Patent Prosecution Services
    Patent Defense Services
    Trademark Prosecution Services
    See All Services

Industries

Automotive Patents
Consumer Products Patents
Culinary Patents
Manufacturing Patents
Medical Patents
Optics Patents
Software & App Patents
See All Industries

Contact

James Yang
OC Patent Lawyer
2372 Morse Ave., Suite #178
Irvine, CA 92614
Tel: (949) 433-0900

Connect

  • Facebook
  • LinkedIn

Sitemaps

Sitemap: Pages | Sitemap: Posts

Terms of Use and Privacy Policy

By accessing this blog, you agree that no attorney-client relationship is formed except by a subsequent written retainer agreement. Also, you agree to not send confidential information unless directed by me to do so. The information posted on this blog is legal information and not legal advice.
Complete Terms of Use
Complete Privacy Policy

ADA Compliance

OC Patent Lawyer aims to ensure that its services are accessible to people with disabilities.
Accessibility Statement

Service Area

From our office in Irvine, California, we serve clients from all areas within Orange County and Los Angeles County, California.

© 2022 · James Yang, Your Entrepreneur and Mid-Size Business Patent Attorney