How vital is patenting a product design in the early stages of a product launch?

2 Answers

1. Hi Gabriella,

   
   

   You need to remember that a patent is only a right to defend the exclusivity of your design. Patenting will cost money, maintaining and defending that patent, should your design be patentable, will cost more. It is also not a quick process. Would it be worth delaying your launch until it is processed? Being first and fastest to market is often the best course of action. If you’re just starting out, you need to decide if you really need that protection or whether simply getting on with making some money comes first.

   
   

   Also, bear in mind that Patents are not the only protection available. A registered design may be more appropriate for you.

   
   

   Check out this article: http://www.venturenavigator.co.uk/content/understanding_intellectual_property
   and the ukipo site: http://www.ipo.gov.uk/home.htm

   
   

   also this case study – there is a bit on crisps at the end! http://www.venturenavigator.co.uk/content/yo_sushi_case_study

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   Answered by Phineas Wenlock, January 2010   -  Contact this person (Moderated on 2010-05-05 17:11:36)

2. Don't forget the only time you can patent an idea is before it has been made public. If you are selling (or giving away samples) the product the usual view is that it is now in the public domain and no longer patentable. So if you do want to patent it is ESSENTIAL you apply before product launch, not in the early stages of launch.

   
   

   You can, by the way, do your own patent application extremely cheaply (refer to the IPO website linked by Phin above) however it may have no merit or strength if you word the application poorly. There are signficnat costs once you get to the grant stage, but that may not be for many years. A patent agent will typically charge in excess of GBP1000 for a well drafted application.

   
   

   Tom

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   Answered by Tom Jarman, January 2010   -  Contact this person