There are a number of critical timing issues that new product introducers should consider as they attempt to capture intellectual property rights and facilitate early sales.

Generally, the drivers for an overall intellectual property (IP) protection strategy for a new product are (1) the existence of the one-year Paris Convention, which allows patent applicants to file in other countries within one year of the U.S. filing date; (2) the potential to attract foreign purchasers/licensees within the first one-year period after filing to allow others to provide the investment in foreign patents and the foreign licenses; and (3) the provision of a more rapid and, hopefully, more efficient license sale of the product.

The term “product” as used here includes products, services, and hybrid situations involving both. There are a number of critical timing issues that new product introducers should consider as they attempt to capture intellectual property rights and facilitate early sales. It is understood that every product may warrant multiple or other critical time considerations in addition to those listed here.

This analysis also assumes that the product has been finished, that production and unit costs are known for major quantities (such that a complete profitability profile of the product is presentable), and that the resulting numbers can easily justify moving production forward regardless of any sale, given that (a) the complete profitability profile will justify it, and (b) any perceived lack of willingness to continue the project will result in a “wait and see” strategy by a potential buyer. This analysis also assumes the timely filing of a patent before any disclosure is made.