◈ PATENTS
Secret-Process Commercialization and Patent Timing
BY CONNOR LYNCH · AUGUST 21, 2024
Companies often run a novel process commercially well before they decide whether to patent it. That sequencing — commercial use first, patent later — raises timing questions that can quietly determine whether protection is still available by the time the application is filed.
Lynch LLP works with inventors and companies on patent timing and filing strategy, including the trade-offs between protecting a process by patent and keeping it confidential. How it resolves depends on the specifics of the technology, the commercial history, and the goals of the business.