Blog

Top 4 reasons to NOT get a patent

Posted by David McKinley | Aug 14, 2024 | 0 Comments

1.  GET RICH QUICK - Patents are expensive.  Realistically, for even a relatively simple invention, filing a utility patent application (not to be confused with a design patent application) is going to cost at least $10k.  The costs don't end there.  18 months after filing the application will publish and the prosecution phase begins.  Prosecution involves arguing with the US Patent and Trademark Office (USPTO) and typically making very calculated changes to the application, in order to convince the  USPTO to grant the application and issue a patent.  There are government fees along the way as well as maintenance fees charged afterwards to keep the patent rights "alive."  After all is said and done, $30k - $50k is not an unrealistic number for a patent that will afford the owner solid protection.

2.  NAME IN LIGHTS (or at least on a plaque) - See point number 1.  An issued patent does give an inventor credibility and, perhaps, bragging rights, but there are much cheaper ways to boost an ego.  Furthermore, the plaques cost extra.

3.  YOUR INVENTION IS COOL, BUT ...  -  Again, see point number 1.  Ask yourself whether your invention addresses a specific need that is faced by enough people to create a market.  Is there another tried and true solution that may not be as cool as your idea, but still works?  Are you willing to put the time and money in to developing the invention into an actual product?

4.  YOU WON'T ENFORCE IT - Patent prosecution is expensive, but pales in comparison to the expense of enforcing a patent.  Enforcing a patent involves determining whether a competitor's product fits within the scope of at least one claim of your patent; contacting the competitor to warn them that there may be an infringement issue, an accusation  they will vehemently deny; months of lawyer chest-thumping; and then, perhaps, filing a lawsuit.  If the suit proceeds to trial, the costs can reach seven figures very quickly.

About the Author

David McKinley

Dave McKinley is a registered patent attorney in Minneapolis who has focused his career on helping start-up companies establish robust patent portfolios that both attract larger companies interested in acquisitions and repel potential competitors.  Since 1998, he has written and successfully pros...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

McKinley IP Is Here for You

At McKinley IP, I focus on Patent Prosecution, Due Diligence, Portfolio Management, Non-Infringement Analysis, and Patentability Review. I am here to listen to you and help you navigate the legal system.

Contact Me Today

McKinley IP is committed to answering your questions about IP law issues in Minnesota. I offer consultations and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

Hours

Mon 08:00 am – 05:00 pm
Tue 09:00 am – 05:00 pm
Wed 08:00 am – 05:00 pm
Thu 08:00 am – 05:00 pm
Fri 08:00 am – 05:00 pm
Sat By Appointment
Sun Closed