The best practice when protecting a product or service using
patents is to apply to protect any inventions that are incorporated
into that product or service prior to any public disclosure,
sale, offer for sale, or commercial use of that product or service.
This reduces the risk that those inventions will be publicly
disclosed prior to a patent application being filed, which helps
ensure compliance with worldwide patent requirements. A
failure to file a patent application before you disclose an
invention publicly can have negative consequences on your IP
asset.
However, during the current COVID-19 public health crisis, you
may not be able to invest the time and money on a patent portfolio
that you normally would. Depending on your risk tolerance, you may
be able to trade off risk for cost by being cognizant of and
relying on various legal tools and strategies:
