Question
We have a working MVP with some early paying customers. Our tech is still being developed further with a full launch expected within two months. So far we considered expanding our distribution/sales channels as the more important objective, and it seems like the work on the patent application and the filing costs would set us way back in other areas. Strategically speaking, should we file for a patent and when? Thanks!
Answers: 3 public & 2 private
If you have technology to protect, and you want to protect it via patents, you need to file patent applications - even provisional patent applications - as soon as possible and certainly before you publicly disclose your technology in order to also protect your foreign patent protection if you foresee foreign patent protection. Provisional patent applications can effectively be done more inexpensively if they truly disclose your technology completely, accurately, and thoroughly because they will be used to provide a priority date for your later-filed non-provisional applications
which must be filed within one year of your provisional application filing date. If you want to protect your technology in foreign countries, you will also need to file a PCT application within the one-year period - you then will have, normally for most countries, 30 months from the provisional application filing date to select those countries within you want to file foreign patent applications based upon your US non-provisional and PCT applications.
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