You’re on the IP-BC course website: Draft and File Utility Patents "Right-First-Time" using The Schwartz Method (TSM)

Do I wait to GOTO market until my patent Issues?

BBT shares a set of events that lock-step toward the blessed Notice of Allowance for a patent on one of your chosen inventions. It is the primary theme of IP-BC and is used to establish all the course lessons and tools you can put to best practice use.

The sequence of events you will engage in to file an airtight patent application, de-risked from FOARs will take a natural course IF YOU STAY FOCUSED on identifying and prototyping the P-E, along with drafting layman claims for the object of enablement that quiesces to BEST MODE with the minimum number of "elements".

So while that's going on in R&D and Product Marketing, on the other side of T=0 (MARKET ENTRY), Business Development/Sales is making moves to establish the commercial value of what you have been in the process of protecting.

MISCONCEPTION: we must wait till the patent issues before selling it in the marketplace. 

In this first-to-file world, and with the acceleration of innovation, the iterative nature of patenting and selling needs to be unraveled, and the parallel nature of the conflicting goals and objectives joined to achieve the business outcome sought.

There are many IP Strategy Questions in this simple goto market question and we are not going to try to offer the many use cases here. The simple point of this post is to encourage those in the IP hunt to utilize the patent pending window in the most clever way for your market objectives.

EXAMPLE: If you are a licensing company, have a seminal patent application, have decided to NOT file internationally, and are "certain" of your P-E and the scope of the claim on it, then it might make sense to file indicating NOT INTERNATIONAL which will KEEP YOUR CLAIM secret(non-published), UNTIL your patent is ALLOWED. During this time, you would benefit from approaching licensees, including INTERNATIONAL partners, offer non-exclusive licenses for your claims based on future rights you might own or control (i.e. the claims allowed and published-if any...), and get royalty advances and enable manufacturers to make, use and sell. It could take 3 YEARS before your patent issues, during which time "gamblers" could be successful in market entry, and bet your claims will not cover their goto market products (since they DON'T know your claims). Cool enough. In the mean time, if you stay focused on your P-E's, you can continue to (a) file continuations in part to set additional scope, (b) fast file on another P-E you discover in your race to innovate and file a NEW patent application on it with the objective of RESTARTING your monopoly clock with the NEXT issued application.

OK-the take away is that although I "linearize" the BBT time line in this course, its clearly a NON-LINEAR sequence of events and will follow a set of parallel iterations depending on whether you are licensing or making, using and selling yourself.

In IP-BC we give you the insights you will need to apply The Schwartz Method over and over on each P-E, keep the good claims, discard the subpar ones, set ones aside as trade secrets, and open others to partners under NDA's. Its all in a days work.

BBT intends to show you where the GREATEST RISK is in the sequence of preparation, filing and prosecution so you can de-risk from FOARs before filing, issue patent claims scoped on your P-E, with a clean FILE WRAPPER. Airtight patents with these features will have Sustainable Competitive Advantage (SCA) and offer the greatest asset value.

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