| In some countries such as China,
IP law enforcement is practically zero.|
Actually having a patent issued to you in the US only grants you
market protection within the US. (Even this is not so, all a patent does is give you the right to sue, but we wont go there today) If you want protection in China you must also
apply for and be granted a patent there, ditto for all other nations.
Fast operators can
make and launch a product in no time, sell it massively and retire in the
Bahamas within that time frame.
Do you know of anyone that has done this? Create a product, sell it massively,
and then just leave?
| Of course most products take
much longer time to penetrate the market and become high volume items, in which
case IP protection is useful.|
Absolutely, couldn`t agree more. That being the case, if somebody was to
manufacture and massively sell your product while you are waiting on the patent
being issued, wouldn`t he have in reality created a `market` for your product?
In effect saving you the trouble of product introduction? Not only that, but
since a patent is in effect from the moment it is applied for, not from when it
is issued. Wouldn`t that person be liable to you for patent infringement on
every sale? That being the case, you could make your introductory price five
times greater than the market would pay, for about a month. Then simply pass
them the bill when the patent infringement case is resolved.
So, anybody that knowingly did this would spend money in creating a market
for you, make himself liable to any markup you choose for all the product he
sold, and potential damages to you.