Bring products to market before patent can? Made a good product or an existing product a revolutionary innovation, companies should be put on the market or to apply for a patent? This is like a question to be discussed, but unfortunately there is no legal space that can be discussed. Made a good product or an existing product a revolutionary innovation, companies should be put on the market or to apply for a patent? I have repeatedly recommended that companies apply for patents, but there are a lot of times entrepreneurs reply to me:? "This product is new, I do not know that there is no market, why patent how to do it in case there is no market, not wasted ? energy, money and time yet. "It is like an issue to be discussed, but unfortunately there is no room for discussion on the law because: After the product to market in a patent may not be authorized, or there being invalid out risk. Companies can only choose one of two choices to make: either to be patented, or do not. We look at one case. An old scientist has invented a product because of this product prior to trial and qualitative needs, and the need to test whether you can adapt to harsh environments, so the process of the invention old scientist got several companies within the workshop test Finally, after repeated changes until after the production of a satisfactory product, only the State Intellectual Property Office to apply for a patent. After the patents, which did find a company has started trial production of such products and to market, the old scientist to the courts, to stop infringement and damages. The company then filed a patent invalid request to the Patent Reexamination Board, on the grounds that the patent application has been disclosed prior to the program, the loss of a novelty. Evidence of the company is: Before patented products have been produced out of old scientist himself, and has the market. We know that three of the patent law in line with that of novelty, inventive, practical technical solutions in order to grant a patent. The novelty of the technology solutions that require prior application has never been disclosed, it is judged whether the novelty of the program is mainly to see whether the public prior to the filing. Under the "Patent Law", and before the application of this technology if program has been publicly used or deemed to have been published on the public at home and abroad, are no longer novel. This refers to the public can be divided into open and use open publishing. Domestic and foreign journals published publicly that if published, whether using a public that is used at home and abroad. However, we tend to use public narrowly thought of others using the public, would not know their use can also cause public. Open is a state, no matter who you are, as long as the patent-pending technology to let the public know that the program is, it is made public. In this case, the old scientist very responsible, such as the production of qualified products, technical solutions, after mature before going to apply for a patent. Spiritually speaking is commendable, but if the product produced and marketed, the relevant skill in the art by simple observation, measurement can get the technical solution, then we have constituted patent law in the "open" will lose its novelty. Case, the old scientist really do not understand patent law provisions on novelty and "public" and insisted that he does not belong to the production of public goods, the Patent Reexamination Board ruled that the patent is invalid, the courts. Ultimately, the court dismissed the claims of the old scientists. According to this lawyer is understood that in reality many such cases, there are many companies or individuals after making new technical solutions, the first production, there is a market, then it will consider to apply for patent protection, no market, then it can not be a of the. This approach eliminates the need for the patent application fees, fees, save some energy. However, this approach may be tested about the novelty of patent law, if the last Board of Patent Appeals or the Court finds that technical solutions have been disclosed by their use, loss of novelty, it can only bear the legal consequences of the patent is invalid . But after the patent is invalid, the technical program will enter the public domain, are all free to use. The wisdom of the early inventors investment, energy investment, financial investment will not get anything in return, is still very serious consequences. That is, if there is no prior patent put products into the market to the product fails, companies own risk; if the product is to be successful, it has been recognized by the market, other companies will flock to imitate, this When companies make the inventions patented in hand because there is nothing to prevent someone else come ride, even if it is possible to apply for a patent is invalid patent application counterparts. Because before the patent application has been disclosed, the loss of novelty, results in vain for others to do awake, there may be doing bad business. Therefore, the company considered small accounts also to be considered a large account. Before applying the product does not market the patent, if the product on the market can not be recognized, at most, some waste patent application fees; however, if there is no patent on the market before the product is recognized by the market, the face is the market share is divided, by sharing the fruits of victory, this cake is far greater than the cost of the patent application.