Patent timing is a balance. File too early and you waste money on half-baked ideas that may never reach market. File too late and you risk losing your rights entirely. The sweet spot exists, but finding it requires understanding both the legal deadlines and the practical realities of product development.

Here’s how to think about when to file—and the critical deadlines you can’t afford to miss.

The One-Year Rule: The Deadline That Kills Patents

In the United States, you have exactly one year from the first public disclosure of your invention to file a patent application. Miss this deadline, and your invention enters the public domain. No extensions. No exceptions.

“Public disclosure” includes:

• Selling the product (or offering it for sale)
• Publishing a description in any form—papers, blog posts, marketing materials
• Presenting at conferences or trade shows
• Public demonstrations
• Non-confidential discussions with potential customers or partners

The Filing Too Early Problem

Given the one-year deadline, many companies panic and file at the first sign of innovation. This creates its own problems:

Incomplete Inventions

If you file before your invention is fully developed, your patent may not cover the version you actually bring to market. Competitors can then design around your claims by implementing the improvements you made after filing.

Wasted Resources

Patent applications cost $8,000-$20,000 to prepare and file, plus ongoing prosecution costs. Filing on every early-stage idea depletes budget that could protect your most important innovations.

Weak Claims

Effective claims require understanding what makes your invention truly novel. Early in development, you may not yet know which features matter. Applications filed without this clarity often result in narrow patents with limited value.

The Filing Too Late Problem

On the flip side, waiting too long creates real risks:

Absolute Bars

Once the one-year grace period expires, you cannot patent the invention in the US. Period. No amount of money or legal maneuvering can fix this.

Prior Art Accumulation

Every day you wait, someone else might publish or patent something similar. The later you file, the more prior art the examiner will find, and the harder it becomes to get meaningful claims.

First-to-File System

Since 2013, the US operates on a “first to file” system. If a competitor independently develops similar technology and files before you, they get the patent—even if you invented first.

Investor and Partner Concerns

During due diligence, sophisticated investors and acquirers check for patent protection. Unprotected innovations raise questions about IP strategy and can affect valuation.

Finding the Sweet Spot

The ideal filing time balances these concerns. Here’s a framework for thinking about it:

File When You Can Describe the Core Innovation

You should be able to articulate:

• What problem the invention solves
• How it solves that problem differently than existing approaches
• The key technical elements that enable the solution
• At least one specific implementation (with enough detail to build it)

You don’t need a finished product. You don’t need manufacturing specifications. But you need enough clarity on the innovation itself to write meaningful claims.

File Before Key External Events

Certain events should trigger immediate filing consideration:

• Trade shows or conferences — File before presenting
• Customer demonstrations — File before any non-NDA discussions
• Press releases or marketing — File before publication
• Investor pitches — Many investors want to see patent filings in progress
• Partnership discussions — Especially if sharing technical details

File When Competitors Are Active

If you’re in a competitive market where others are clearly pursuing similar technology, waiting is dangerous. In a first-to-file world, the competitor who files first wins.

The Provisional Application Strategy

Provisional applications offer a powerful tool for managing timing uncertainty. Here’s how they work:

A provisional application:

• Establishes a priority date (the date that counts for “first to file”)
• Costs less than a full utility application ($2,000-$5,000 vs. $10,000-$20,000)
• Is never examined by the USPTO
• Expires after 12 months unless you file a utility application claiming priority to it

This creates flexibility. You can file a provisional when you have the core concept, then use the next 12 months to:

• Continue developing the technology
• Test market viability
• Secure funding
• Add new features (which can be included in the utility filing)

A Practical Timeline

Here’s how timing might work for a typical product development cycle:

Month 0-3: Concept Development
Innovation takes shape. Internal discussions only. No filing needed yet, but keep dated records of development.

Month 3-6: Technical Validation
Core approach proven. This is often the right time for a provisional application—you understand what’s novel, but haven’t gone public.

Month 6-9: Prototype Development
Working prototype exists. If no provisional filed, file now before any external demonstrations.

Month 9-12: Market Testing
Customer feedback gathered. File improvements as continuation or new provisional if significant changes emerge.

Month 12-15: Product Launch Prep
Convert provisional to utility application before the 12-month deadline. Final claims reflect the actual product.

Month 15+: Market Launch
Application pending. “Patent Pending” status provides notice to competitors while examination proceeds.

Triggers That Mean “File Now”

Regardless of development stage, these events should trigger immediate filing:

1. Any public disclosure is imminent — Trade show, paper, press release, public demo
2. First sale or offer for sale — Even a single transaction starts the clock
3. Competitor activity detected — Similar products appearing or patents being filed
4. Funding round approaching — Investors want to see IP protection
5. Acquisition discussions starting — Patents significantly affect valuation
6. Key employee departing — Especially if they might join a competitor

When NOT to File

Sometimes the right answer is to wait or skip filing entirely:

• The innovation is incremental — Minor improvements may not warrant patent expense
• Trade secret protection is better — Some innovations are better kept confidential
• Commercial viability is unproven — Consider market validation before major IP investment
• The field is too crowded — If you can’t get meaningful claims, why file?

The International Dimension

If you might want patent protection outside the US, timing becomes more critical:

• File before any public disclosure — Most countries have no grace period
• Use the provisional to establish priority — You have 12 months to file internationally
• Consider PCT applications — The Patent Cooperation Treaty gives you up to 30 months to decide which countries to pursue

International filing is expensive—$30,000-$100,000+ to pursue protection in multiple major markets. But if you lose the ability to file internationally due to a premature disclosure, no amount of money can fix it.

Working With Your Attorney on Timing

A good patent attorney helps you navigate these timing decisions. They should:

• Understand your product development timeline
• Monitor upcoming events that might trigger disclosure
• Help prioritize which innovations warrant protection
• Balance cost against risk in filing recommendations
• Track deadlines so nothing slips through the cracks

Regular IP reviews—quarterly for active development companies—help ensure you’re not caught by surprise.

The Bottom Line

Perfect timing is rare, but good timing is achievable. The goal is to file when you understand your innovation well enough to describe it completely, but before any event that could jeopardize your rights.

When in doubt, err on the side of filing earlier—especially provisionals, which preserve options at relatively low cost. A provisional filed six months “too early” is far better than a utility application filed one day too late.