After inventing a new medical device, how soon do we have to apply for a patent?
As soon as possible. Sooner is better. Later is worse. The invention does not have to be made before the application is filed. Just the basic concept can be the subject of a patent application. New ideas have a way of leaking to competitors, who may file their own patent applications for the leaked ideas. Additionally, a leak may allow the idea to slip into the public domain, that is, to become unpatentable by any party. Leaking is avoided, and legal and tactical advantages are gained, by filing for a patent at the earliest possible opportunity. Another potential problem is that interesting product ideas may be independently invented by several parties more or less contemporaneously. Early filing can be a determining factor in obtaining a patent for your idea to the exclusion of other independent inventors. Finally, normal commercialization activity for an invention, if it precedes filing of a patent application, can also cause the invention to enter the public domain. Patent applicati
