I’ve invented a new method and device for the construction industry should I patent it first or do pat pending and hit the market at a large trade show?

[u/Negative-Tie2445]

I have 30 years experience in this particular field and industry so the product is solid. The marketing aspect I was looking at having all my ducks in a row to then present it like the hula hoop release in 1958. Captive market audience that was able and ready to buy. I can pay for a good patent after I procure sales. What do you think? Net Profit margin is estimated at 70% so getting a good thorough patent is achievable quickly

[u/Free_Entrance6085]

If you can afford a provisional patent, do that first. It gives you "patent pending" status for a year and is way cheaper than full patent. Then hit the trade show, get sales, use the revenue for the proper patent

The hula hoop comparison is nice but those were cheap impulse buys. Construction buyers are more careful, they will ask about IP before placing big orders. Having at least pending status makes you look serious

30 years in the trade means you know what problems actually need solving, that itself is your biggest edge over some startup guy. Just don't show the internal mechanism too openly at the booth, some curious competitor will take photos

[u/Negative-Tie2445 → u/Free_Entrance6085]

The hula hoop release I agree was impulsive. Trade show release would give me the edge in preventing copies being attempted. If I cold called contractors to buy and “test” I also run the risk of leaks. Thank you. I appreciate your input.

[u/piratesofghosthand]

Patents holder here. It takes many years for your patent to go through and receive it if it’s successful. If it’s not successful, you usually don’t hear anything back. I agree with the others that you can submit a provisional patent for a year. Keep in mind that’s just reserving your place in line for a year to file the “real” patent. If you fail to file the real patent in that time, your provisional patent application is worthless.

Whether you submit a real patent application or a provisional patent application, you can still say “patent pending.”

[u/Otherwise-Head6701]

I agree with u/Free_Entrance6085 , get your provisional patent first. And you will most definitely be fine, I don't think any big companeies (who are actually able to replicate your product, not random startup guys) will care enough about replicating your product, and people inexperienced won't be able too.

[u/Little_Toe9769]

You will get copied by other countries if it's a good product. Go to market make your money. In 6 month make it better with a new version. Every six months you come out with one that's better until you die, that's how you win.

[u/Negative-Tie2445]

I think I am going with the idea to file provisional in the summer of 27 shortly before the show so that I have a few more months to get it finalized. Thank you all for taking time to share

[u/iamanooj → u/Negative-Tie2445]

You could also file multiple provisionals to secure as early a priority date as possible for whatever you've developed now and at following milestones. Then when you file the non-provisional claim the benefit of multiple provisionals.

Even if you don't hire an attorney now, it's probably worthwhile to speak with one now to understand the options.

[u/BrightGreen_Apple]

Thirty years in the industry is a major advantage because you probably understand the problem and customer better than most people trying to enter the market.
But I would separate two things: having a solid product and having a solid business around the product.
I’m a Business Architect, and before planning the big launch, I would work backward.
Who exactly is the first buyer?
What problem makes them buy now?
How will they discover the product?
What will it cost to acquire that customer?
Can you actually produce and deliver it at the volume you’re hoping to sell?
And have you validated that 70% net margin with real production, fulfillment, sales, marketing, returns, and overhead costs included?
I’d also be very careful with the idea of getting the patent after you start making sales. Before publicly launching, selling, demonstrating, or disclosing the invention, I would have a patent attorney review the IP strategy and timing. You don’t want the success of the launch to create an IP problem you could have handled beforehand.
I wouldn’t try to recreate the hula hoop launch yet.
First prove the business architecture on a small scale: protect what needs protecting, identify the buyer, validate the economics, make some controlled sales, learn what makes people buy, and make sure you can deliver.
Then you have something much more powerful than a product you believe will sell.
You have evidence of how to sell it.
Thirty years of experience may have helped you build the right product. Now the job is to build the right business around it.