How can we manufacture and sell our invention while the patent is still pending?

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!

or

Answers: 4 public & 0 private

Steven weinrieb
Patent Attorney

If you have filed a patent application, you will not lose out on any protection if you manufacture and sell the product.
Your rights will be protected provided, of course, you eventually obtain a patent. As noted, however, be aware of the fact that by manufacturing and selling, you may infringe someone else's patent - consult a patent professional as to checking/vertifying if you are possibly infringing another patent or that you have clearance to manufacture and sell.
Lastly, if you intend to obtain foreign patents, noted that you must file a PCT application or individual patent applications, in those particular countries that you may have an interest in commercializing your invention, within one year of the filing date of your US application.

Recent questions