Question
Hello,
We have filed a patent application for our invention. Can we already manufacture and sell the product without losing out in terms of protection? What kind of things can and can't we do during that time?
We would like to increase our number of beta testers and gain some traction in the relevant customer group. Of course money is a factor too, we would like to move forward fast without losing to much cash before the product is even officially launched. Thanks for your advice!
Answers: 4 public & 0 private
In addition to what Limor said, consider doing a prior art search if not already done. This may inform you of whether or not your product may infringe on another. So before you invest a lot of time and money, you can try and do a freedom to operate analysis. For example, say another owns a patent on your product now, you could potentially work around it while your company is in the initial stages.
As you invent improvements, consider filing more applications to create a patent thicket to keep others out of the area (if you can afford it).
Consider a trademark as well. Unlike a patent, they do not have to expire and are cheap in comparison.
Research virtual patent marking enacted with AIA.
Hope this helps,
Mary
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