Question
For a startup based on a new technology, it looks like a common business strategy is to apply for a patent and then keep the technology a secret for as long as possible, not even publishing scientific papers on the new tech. Why is this? Couldn't it be a better strategy for us to apply for a patent and then talk about the technology and generate buzz and exposure for the company?
Answers: 2 public & 0 private
Hi,
Sometimes people file, then they want to fine tune the product some more. So they wait to go public, because they may want to file another patent on the new fine tuned areas (multiple patents in an area), or add it as a continuation in part (CIP) to the parent application. They may have other business goals to wait.
Others, file, and like you suggest, and go public to try an build up capital etc. It all depends on your goals.
Either way, keep in mind, that what is contained in the application is all that is protected. So if you file on ABC, but go public on ABCD. "D" wasn't part of the original application and you may lose protection by going public with "D."
Hope this helps,
Mary
Mary has noted some possible scenarios, but if you have not as yet finalized your technology, you may want to file a provisional patent application - these are automatically maintained secret until you file a non-provisional application or a PCT application and up until the non-provisional or PCT application gets published. You have one year to perfect or convert your provisional application to a non-provisional or PCT application. During that time, you can further modify, change, or supplement your original invention and file additional provisional applications for these new embodiments, and then when you file your non-provisional or PCT application within the one year time frame from filing your provisional application, you can include all of the provisional applications within a single non-provisional or PCT application. This way, you will receive priority back to the respective provisional applications for what they disclose and all of your technology has remained secret. Once you have filed your non-provisional or PCT application, there is probably no longer a reason to maintain its secrecy because it will eventually be published so you may as well begin marketing or advertising it. If still further embodiments are developed, then you can file a CIP application and follow the CIP application with a PCT application. Note that with provisional applications, they should ideally be as complete, accurate, and thorough as a non-provisional or PCT application because they will only serve as priority for the non-provisional or PCT application if they clearly disclose what is eventually disclosed within the non-provisional or PCT application.
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