Utility and design patents protect different things
For a physical product there are usually two kinds of patent to consider. A utility patent covers how the product works or is made, while a design patent covers the ornamental appearance of the product or a part of it. Many products justify one, some justify both, and some features are better protected through trade dress or simple speed to market. Copycats often change the look just enough to avoid a design patent while copying the function, or the reverse, which makes the choice a business decision as much as a legal one.
Marking, and what patent pending means
Marking a product with its patent number, or with a web address listing the patents, known as virtual marking, affects whether damages can be recovered for infringement that happened before the infringer received actual notice. "Patent pending" can discourage copying but gives no right to sue until a patent issues, although published applications can support limited provisional rights in some situations. Marking a product with a patent that does not cover it can create problems of its own, so the marking list should be updated as products and patents change.
Launch, manufacturing, and freedom to sell
Owning a patent does not give you the right to sell your product, because someone else's patent may still cover part of it. Before launch, many companies review the field for patents in force that might reach their design. Manufacturing abroad raises its own questions: share confidential drawings under appropriate agreements, and consider filing where the factory sits as well as in your main sales markets. Bring product specifications, launch dates, marketing materials, and a list of any public showings so far.
