Reasons to Get, or Not Get, a Patent

Law Office of Brenda Pomerance
212 245 3940
bp@pomerancelaw.com

Top 5 Reasons to Get a Patent
• Offensive: exclude others from using your tech;
control use of your tech by others via licensing
• Defensive: cross-licensing; prove to jury that you
respect patent system by seeking patents on your
tech
• Investment: high-tech startups with successful
liquidity event have 3 patent applications per $10
million of investment (U. Mich. study in progress)

Top 7 Reasons to Not Get a Patent
• Asset Creation: monetize your creativity without
creating a company (possibly useful patent without
infringers sells for around $100,000); large/honest
companies prefer to talk to inventors with at least
patent pending
• Vanity: market perception of “special” when
patent-pending; enhance inventor’s guru status
• Not patentable: in public domain for more than
1 year in US (no grace period in Europe)
• Want secrecy: prefer trade secret protection
(trade secret has possibly infinite life vs. patent
has life of about 17 years)
• Takes too long: transient market (under a few
years) will be over before the patent issues
(patent application takes 3-10 years to mature
into patent)
• Enforcement Cost: about $3 million for a small
patent trial; market size must justify this
• Application Cost: $10,000 – 25,000 per application
to prepare and file in U.S. & $5,000 – 25,000 to
prosecute over 3-10 years … are funds available?
• Inventors too busy: preparing a patent application
takes inventor time to review drafts (approx.10-20
hours per application)
• Ownership fight: client and inventor can’t agree on
who will own patent (client should have clarified this in
inventor’s work agreement)

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