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There are a lot of theories out there about when to patent your product idea. At Davison, we follow the strategy of \u201cBUILD BEFORE YOU PATENT,\u201d which also happens to be the business strategy of most manufacturers. New product development is a balancing act, and the best tight-rope walkers in this industry to learn from are product manufacturers. So \u2026 logic says \u201cTHINK LIKE A MANUFACTURER.\u201d Ask yourself, \u201cWould a manufacturer of this product do that?\u201d<\/p>\n
Logically apply the protection process to your new product idea. Most patent attorneys will have you believe that patenting is the first critical step in inventing. Once you file a patent application all eyes can evaluate what you\u2019re trying to invent and protect. This is not good! There\u2019s nothing more disturbing than the USPTO letting \u201cpatent poachers\u201d look at the applications before issuing patents when approximately 50% of all patent applications received are rejected. Manufacturers understand this and, in general, file for patents only after they have their new product ready for production.<\/p>\n
Next time you\u2019re in the store look to see how many products are not patented. Sometimes manufacturers simply determine they aren\u2019t going to spend the time patenting simple items. You might also look at the back of a product and notice \u201cPatent Pending.\u201d This means patent applications were filed with the USPTO but not yet granted \u2013 it could take two years to get an issued patent. Can you imagine a manufacturer sitting around waiting two years before they try to turn a profit on their new product?<\/p>\n
Our approach to inventing practically mirrors how manufacturers create, design and develop new products. We do NOT follow the old method of \u201cpatent first and then figure out what the product is later.\u201d Scores of patents are rendered useless because the original design is too expensive to manufacture or is filled with design flaws. Concentrate on product design and then go the extra mile to figure out the product packaging solution before applying for a patent. Manufacturers do \u2026 so you should, as well.<\/p>\n