How Can I (and Should I) Patent a Simple Invention?

[DrJohnAZoidberg]

Hi Brad - big fan of the site!!

I have a new product that I'm going to be bringing to market soon.  It's very simple (think 'pet rock' simple) so once someone sees it, they could very easily replicate it.  Based on this post from the past, I believe your advice would be to skip going for a patent since it's highly unlikely it will be successful:

https://patentfile.org/forum/patent-questions-and-advice/is-my-invention-too-simple-to-patent/msg1093/#msg1093

In my situation, I will be first to market but I would like to protect myself if at all possible from other sellers recreating and selling my product.  Any advice for someone in my situation?

[Brad]

Even though it may be difficult to patent there are still times when it may be worth while to "give it a shot" such as being able to file your patent application and use the term "patent pending" which has some value even though it may never get approved.

Other ways to protect your idea may include a trademark if you have a fun or catchy name for your product.