When is it not right to patent?

• Generally, don’t patent until you’re informed about similar art and competitive products. In other words, have a novelty search done first. You will save prosecution costs if you determine some aspect of your invention is not novel. Also, even if your invention is novel, knowing the prior art will result in a more comprehensive patent. However, you may want to file quickly if you are under time constraints, particularly if you are planning to show the invention, offer it for sale, or file in a foreign country.
• Consider using trade secrets for certain technologies, particularly processes. Patents are published and teach the public how to make and use the invention. For example, if a patent teaches how to make a product using a novel process, but infringement is not detectable by examining the final product, then a trade secret may be more appropriate protection.
• Have an idea of how you plan to use your patent in your business before you patent. A startup company should have a development plan, marketing plan, and business plan in place before spending a lot of money on patenting. If you’re in a time crunch, a provisional application may be the way to proceed.
• Consider the lifetime of the invention before you proceed. This may not be the same thing as the lifetime of the product. Product lifetimes can be very short, but the invention may be reusable.

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