Blog

The Hows and Whys of Patent Pursuit

Pursuing a patent is not automatically the right move just because you have a one-of-a-kind idea. The process can be lengthy, costly, and risky, and most patented inventions never turn a profit. Weigh your odds honestly and consult a patent or trademark lawyer before committing your savings to the filing.

Gold traces across a circuit board in low light

Not every invention is worth patenting, and that is the honest starting point. A patent is expensive, slow, and only pays off for a small share of the ideas it protects, so the real first step is deciding whether your invention is one of them.

Why a Patent Isn't the Automatic Next Step

If you don't legally attach your name to your work, someone else can come along and claim your idea as their own. That risk makes patenting feel automatic. It isn't. Filing before you've thought it through can cost you more than the risk it was meant to prevent.

The Real Cost and the Real Odds

Obtaining a patent can be lengthy, costly, and risky: only 2% to 10% of patented inventions ever go on to make money. Before you approach a patent attorney, think through your plan of action and whether it's a worthwhile investment. Research what kind of claim you're looking to file, what market exists for your invention, and whether anyone would invest in producing it. A patent generally covers 20 years, so weigh that cost of protection against what you're actually likely to gain.

Why Pharmaceutical Companies Can Afford to Gamble

Many entrepreneurs patent inventions without knowing whether the project will succeed as a business. Pharmaceutical companies do this routinely: they spend millions on patents before they know whether the FDA will ever approve the drug for sale. They can afford that risk because they're often backed by grants and universities, drawing on funds that most inventors don't have. If a drug fails to gain approval, it's dropped and the money moves to the next project. For a company with that kind of backing, getting the patent is almost an afterthought.

Do the Math Before You File

Most inventors don't have that kind of financial backing. Before you put your savings toward a patent, do the math: weigh your options and your odds, and talk to a patent or trademark lawyer. They've usually been in the business long enough to recognize a winner when they see one.

Talk to a Patent Attorney First

If you're weighing whether your invention is worth patenting, don't guess. Schedule a free consultation and get a straight answer before you spend a dollar on the process.

Share this article

Common questions

Frequently asked

Should every original idea be patented right away?
No. Filing a patent can be lengthy, expensive, and risky, and most patented inventions never go on to make money. Before you file, it is worth researching your market and consulting a patent or trademark lawyer to see whether pursuing protection is actually a sound investment for your specific idea.
Why do some companies patent inventions before knowing if they will sell?
Larger companies, particularly in pharmaceuticals, sometimes patent inventions well before they know whether regulators or the market will accept them, because they can absorb the cost if it does not pay off. Most individual inventors do not have that same financial cushion, which makes the decision far more consequential for them.
What should I do before spending money to patent an invention?
Do the math on your plan of action before you commit your savings to a patent filing. Weigh your options and your realistic odds of success, and talk to a patent or trademark lawyer who has seen enough filings to help you judge whether yours is a strong candidate.