Can you sell a product before you patent it?

Is It Necessary to Patent Before Selling? It is not a requirement to patent a product or service pertaining to an invention before you can sell it. In fact, there are many services and products that are sold every day without being patented.

How do I protect a product without a patent?

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an “NDA” or a “confidentiality agreement,” but the terms are similar.

How do I know if I need a patent?

Patents are not legally required before you sell your product or profit from your idea. There are many products and services sold in the United States that are not patent-protected. However, a patent is necessary if you want to prevent others from making marketing, selling, or importing your invention.

How do I sell my invention without a patent?

You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company’s ability to use your idea without paying you for it.

Is it necessary to patent your product?

No. You are not required to obtain a patent in order to sell a product or service embodying your invention. Many products and services are sold that are not patented. A U.S. patent provides the right to stop others from making marketing, selling, or importing your invention in the United States.

Can I sell an idea to a company without a patent?

Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). Otherwise, they can steal your idea. Unfortunately, many companies will not enter into an NDA. As such, you may need to get at least a patent application on file to pitch your idea.

Should I patent or license my invention?

Yes, a patent will protect the rights to the inventor’s intellectual property in court. But, if your goal is to sell your product, licensing it quickly may take precedence over committing the time to establish a patent.

What is the difference between licensing and patenting?

This is, in itself, a method of announcing and protecting your intellectual property. Yes, a patent will protect the rights to the inventor’s intellectual property in court. But, if your goal is to sell your product, licensing it quickly may take precedence over committing the time to establish a patent.

Do I need a prototype to patent my idea?

No, you don’t need a prototype to patent your idea. However, it is beneficial. It helps you and your patent attorney get a better feel for the invention. Moreover, if your invention sounds like a perpetual motion machine, then people (USPTO, patent attorney, investors) will ask you to build and show proof of concept.