Patent Attorney and Founder
The Common Thought: “I’d Rather Spend on Marketing”
“I’d rather spend my money on marketing.”
I hear this all the time, and honestly, I understand where it’s coming from. You’ve built something new, something you’re excited about, and your first instinct is to get it out there. You want people to see it, talk about it, and, most importantly, buy it.
That’s the fun part. That’s where the energy is.
You start thinking about branding, social media, ads, maybe even influencers. You picture your product in people’s hands. You imagine the first sales coming in.
It feels like momentum.
But there’s a problem with jumping straight into marketing before protecting what you’ve built. It’s not obvious at first, and that’s why so many people miss it.
Why Marketing First Can Backfire
It’s a bit like sharing your secret recipe before you’ve claimed it as your own. Once it’s out there, you don’t control who uses it. And in today’s world, it doesn’t take long for someone else to pick it up, copy it, and move faster than you.
The barrier to entry is low in a lot of industries now. Manufacturing can be outsourced. Designs can be replicated. Digital products can be cloned almost overnight.
So when you go out and market your idea without protection, you’re doing more than promoting it, you’re exposing it.
And most people don’t think about that part.
They think, “I just need to see if this works.”
Fair enough. But what happens if it does work?
That’s the question that changes everything.
Because success is what attracts attention. Not failure.
If your product flops, no one cares. But if it gains traction, even a little, you’ve just put a spotlight on something you don’t yet control.
So when I hear, “I’d rather spend my money on marketing,” I usually respond with this: it’s not wrong, it’s just out of order.
You don’t need to choose between protection and marketing. You just need to do them in the right sequence.
The Right Order: Protect, Then Market
Start by protecting what you’ve created. Then go market it.
That simple shift in order can save you a lot of stress later.
And no, that doesn’t mean you need to spend years or a huge budget upfront. A lot of people assume patents are this long, expensive, all-or-nothing process. It’s not.
There are early steps you can take, practical ones, that give you a level of protection and let you move forward with confidence.
For example, getting to a “patent pending” stage is often enough to start. It gives you a stake in the ground. It shows you’re serious. And it creates a record that this idea started with you.
That alone can change how people respond to you.
It also changes how you feel when you talk about your product. You’re not holding back. You’re not worried about saying too much. You can actually lean into your marketing instead of second-guessing it.
Once that foundation is in place, then you can shift your focus to marketing and growth.
Real-World Example: Crocs
Let me give you a few examples, because this isn’t just theory.
Take Crocs. Simple product, right? Foam clogs. Bright colors. Easy to wear.
At first glance, it doesn’t seem like something that would be hard to copy. In fact, it looks like something a lot of companies could make.
But what made Crocs stand out wasn’t just the product, it was the protection behind it. Their design patents helped them carve out a space in a crowded market.
That protection gave them time.
Time to build a brand. Time to grow recognition. Time to become the name people associate with that style of shoe.
Without that protection, they likely would’ve been one of many similar products competing on price.
Instead, they became the category leader.
Real-World Example: Rivian
Now look at a completely different type of company, Rivian.
They entered a tough space. Electric vehicles are competitive, expensive, and highly technical. They weren’t the first to market, and they weren’t the only ones with big ideas.
But before they made a big splash, they focused heavily on developing and protecting their technology.
Their battery systems, power delivery methods, and overall vehicle architecture were covered. That meant when they stepped into the public eye, they weren’t just showing off a concept.
They were presenting something they owned.
That changes how competitors react. It makes it harder for others to copy what you’re doing. And it gives investors more confidence, because there’s something tangible behind the business.
Then, once that foundation was in place, they leaned into marketing and visibility.
Real-World Example: Super Soaker
Then there’s the Super Soaker, which is one of my favorite examples.
Lonnie Johnson, the inventor, didn’t rush out to pitch his idea to every toy company he could find. He didn’t lead with marketing.
He protected the invention first.
Once he had that in place, he licensed it.
That one decision turned a single product into a long-term income stream. Instead of trying to manufacture, distribute, and sell everything himself, he created a system where companies paid him to use what he had already secured.
That’s a completely different path, and it only works if you protect first.
Three very different products. Three very different industries.
Same pattern.
Not Every Idea Needs a Patent
Now, I want to be clear about something.
This doesn’t mean every idea needs a patent, and it doesn’t mean you should overinvest early on. The goal isn’t to build a legal fortress before you take a single step forward.
That’s not realistic, and it’s not necessary.
The goal is to be thoughtful about timing and risk.
Some ideas move fast and don’t need patents. Some are better kept as trade secrets. Some don’t have enough uniqueness to justify the cost.
And that’s okay.
But when you do have something with real value, something that others could copy or build on, it’s worth taking that first step to protect it.
Not out of fear, but out of strategy.
Why Options Matter
Because protection gives you options.
And options are what make a business flexible.
With protection in place, you can decide how you want to grow. You can build and sell the product yourself. You can license it. You can partner with other companies. You can even sell the rights entirely if that makes sense.
Each of those paths has its own benefits.
But without protection, those options shrink quickly.
If there’s nothing to own, there’s nothing to license. There’s nothing to sell. There’s nothing to defend.
You’re left relying only on speed and branding, which can work, but it’s a much harder game.
A Pattern I See All the Time
I’ve seen this play out firsthand more times than I can count.
A founder comes in excited about a product they’re about to launch. They’ve put in the work. They’ve tested it. Maybe they even have early interest lined up.
But they haven’t filed anything yet.
When I ask why, the answer is usually the same: “I just want to see if it sells first.”
And on the surface, that makes sense. You don’t want to invest in something that might not work.
But here’s the catch.
If it doesn’t sell, you’ve lost nothing.
If it does sell, you may have just created a much bigger problem.
Because now you’ve proven there’s demand, and you’ve shown exactly how the product works, without protection in place.
That’s when competitors start paying attention.
Why Timing Matters
That’s why this order matters so much.
It’s not about slowing you down or adding friction. It’s about making sure that when things start working, you’re in a position to keep control.
Think of it like building a house.
You don’t start with the paint or the furniture. You start with the foundation.
It’s not the exciting part, but it’s what everything else depends on.
Protection works the same way.
Once it’s in place, you can build on top of it with a lot more confidence.
A Simple Way to Move Forward
So if you’re in that early stage right now, here’s a simple way to think about it:
Start by documenting what you’ve built. Be clear about how it works and what makes it different.
Then take a step to protect it. It doesn’t have to be perfect. It just has to be real.
After that, move into marketing with confidence.
Talk about it. Share it. Promote it.
But do it knowing you’ve already taken steps to secure your position.
You don’t have to overcomplicate this. You don’t need a perfect plan. You just need to avoid skipping the step entirely.
Final Thought: You Can’t Pull It Back
Because once your idea is out in the world, you can’t pull it back.
You can’t un-share it. You can’t make people forget it. And you can’t stop others from building on it if you haven’t protected it.
At that point, you’re not just building anymore, you’re reacting.
And that’s a much harder place to be.
So take the extra step upfront.
Protect first. Then market.
It’s a small shift, but it makes a big difference in how your business grows, and how much of it you actually get to keep.