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

Winslow 10162011 mg 0063
Other Consultant

If you are sure that you never want to patent your invention, bringing it to market prior to anyone filing a patent application on the same invention should enable you to later invalidate their patent should it issue. The keys are that you need to publicly disclose the invention prior to anyone filing a patent application and you need to be able to prove WHEN you disclosed it. Therefore, it may be best to disclose the information as soon as possible in a press release so you can prove the time and date of your disclosure.

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