First to market instead of Patent application

Question

Hi there!

I have invented a new product, but do not want to invest in a patent application. By bringing it to the market, can I prevent others from applying for a patent instead?

Regards,
John

or

Answers: 3 public & 2 private

Steven weinrieb
Patent Attorney

No - only a patent provides you with the right to prevent others from making, using, or selling your (patented) invention. By going to market first, you commit two possible fatal errors - one, you may destroy your right to get a patent, particularly outside of the US if you eventually want to patent the technology in Europe, Asia, wherever; and 2) by marketing your invention, you may in fact infringe someone else's patent - remember, someone else might have a patent which gives them the right to prevent others (you) from making, using, or selling their patented invention.

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