{"id":1046,"date":"2016-05-02T10:00:45","date_gmt":"2016-05-02T16:00:45","guid":{"rendered":"https:\/\/www.cadcrowd.com\/blog\/?p=1046"},"modified":"2018-11-12T13:29:20","modified_gmt":"2018-11-12T19:29:20","slug":"should-you-get-a-patent","status":"publish","type":"post","link":"https:\/\/www.cadcrowd.com\/blog\/should-you-get-a-patent\/","title":{"rendered":"Should You Get a Patent for Your Invention?"},"content":{"rendered":"

It’s a question that every inventor and entrepreneur\u00a0developing a new product will face sooner rather than later: do you really\u00a0need<\/em> to file a patent application? It’s a tricky question, and different experts will weigh in with different and even conflicting advice.<\/p>\n

Patent applications are costly and time-consuming endeavors<\/a> and startups are generally running on shoestring budgets. The fact of the matter is that, strictly speaking, patents are\u00a0not<\/em> necessary. You\u00a0can<\/em> develop and release your product without getting patent protection. Doing so might not actually do any harm to your business at all.<\/p>\n

But, on the other hand, someone else acquiring the patent rights to your invention can be devastating. There are a number of benefits that come with patent protection, and preventing someone else<\/em> from sniping the patent from you is a major one. Beyond that, having patent protection brings a number of benefits which makes them valuable business assets.<\/p>\n

Protecting Your Intellectual Property<\/h3>\n

Simply put, patents are the best way to protect your intellectual property. Once you begin selling your invention, you only have one year in which to file for patent protection. After that window closes, you have forfeited your patent rights.<\/p>\n

With the America Invents Act of 2011,<\/a>\u00a0the USPTO moved from a ‘first to invent’ to a ‘first inventor to file’ system. What this means is that, even if you can prove that you invented your product\u00a0before\u00a0<\/em>someone else, they can still get the patent if they apply for it before you. This can leave you on the outside looking in, and can mean you seeing all the time, money, and energy you put into developing your idea snatched away just when you thought you were going to start seeing returns.<\/p>\n

This is definitely a worst-case scenario. But, having a patent also helps you to stave off more nimble competitors who, having been alerted to the potential of your product, are able to ramp up their own production and distribution faster than you and gain the first-mover advantage. This can be a heavy blow for an emerging company \u2014 often, startups need the advantage of being the first on the market with that particular product in order to compete. A patent application on file will help you maintain that advantage.<\/p>\n

Without patent protection, other firms who take note of the success of your product can also start manufacturing their own version and undercutting you, taking advantage of economies of scale and integrated manufacturing\/distribution systems that larger entities have access to. The primary purpose of a patent is to protect you from just this sort of thing. That lead time advantage can be crucial to the success of an emerging startup.<\/p>\n

\u00a0It Makes Your Product More Eligible for Licensing<\/h3>\n

If you plan on licensing your invention to a larger firm, it’s a good idea to get a patent. During licensing negotiations, a patent is a powerful asset that an inventor can bring to the table. Big distribution companies will often feel much more comfortable investing in a licensing agreement if the product in question has a pending patent, or is already protected. This provides a kind of guarantee of value: if the product is patented, they can be fairly confident that they won’t be facing competition from their rivals, which makes the license more valuable.<\/p>\n

Companies will often only deal with products that been patented, or are at least patentable. By taking steps down this road yourself, you reduce the amount of effort and cost for the licensing firm, and you also reduce their legal risk. These are all things that will reflect positively on you when companies are considering licensing your invention.<\/p>\n

This is something to consider even if you aren’t planning on licensing your product right away. Remember that, once any public disclosure of your invention or any sales of your product are made, there is only a one-year window in which you are still eligible for patent protection. If you decide to license your product down the road, you may no longer be able to claim the advantage of having a patent-protected product.<\/p>\n

When Should You Patent?<\/h3>\n

The question of when you should file a patent is maybe as important as the question of whether you should get a patent at all. Filing for a patent at the wrong time, or filing a patent incorrectly, can actually do you more harm than not having applied for a patent in the first place. Patents, after all, are expensive. In order to ensure that you are gaining the benefit of that investment, it’s important to file the patent application the right way at the right time.<\/p>\n

You do not<\/em> want to file a patent as soon as you’ve had your idea. Patenting is not the first step in the product design and development process, and there are some important reasons for why that is. Before applying for a patent, there are a few stages of development you want to go through first. They are:<\/p>\n