Should Entrepreneurs File for Patents? My Take.
Marylene Delbourg-Delphis
Serial CEO | Board Member | Management Consultant | Executive Coach | TEDx Speaker | Author
As an entrepreneur, you're probably wondering whether filing for patents is worth the time, cost, and effort. My answer is almost always "Yes, if you can," although I should quickly add that I'm not a patent attorney. However, I believe that every entrepreneur should have at least a basic grasp of what makes an invention patentable, and why patents matter.
The Basic Criteria for a Patent
To secure a patent, your invention must meet three key criteria:
Additionally, your invention must fall under patentable subject matter, meaning it cannot be an abstract idea, a mathematical theory, or a law of nature. The application itself must include a detailed description of the invention. Also, it must have claims that clearly define the boundaries of what your patent will protect.
Why Patents Matter for Innovators
1. Protection of Intellectual Property
Patents provide innovators with exclusive rights to use, sell, or license their inventions, typically for a period of 20 years. This legal protection prevents competitors from copying or profiting from your work without permission. Patents can give you a competitive edge, establishing barriers to entry for competitors. For example, think of Amazon’s “One-Click” patent. It seemed simple at first but became a game-changer in e-commerce by simplifying the online purchasing process. Amazon aggressively defended this patent and used it to dominate the market for years.
If you're a small or early-stage company, you may not have the resources to fend off patent infringements immediately. However, once you're better established, having strong patent protection can allow you to defend your innovations. Consider Align Technology (Invisalign), which protected its clear aligner technology through patents and successfully defended itself from dental companies trying to copy its design.
Moreover, without a patent, you are vulnerable to lawsuits from competitors or "patent trolls" who may claim infringement. If your core technology is not patented, you're leaving yourself open to litigation with no legal tools to defend yourself.
2. Monetization
Patents aren't just defensive tools; they can also be valuable assets. You can license your patented technology to others, generating a revenue stream without having to manufacture or sell the product yourself. You could end up becoming the next Qualcomm, a company that holds a vast portfolio of patents essential for 3G, 4G, and 5G technology and generates substantial revenue from licensing those patents. A notable example: In the late 2010s, Qualcomm found itself in a high-stakes legal battle with Apple over licensing fees. Apple claimed that Qualcomm’s royalty fees were exorbitant, while Qualcomm countersued, asserting that Apple had infringed on its patents. In 2019, the two companies reached a settlement, with Apple paying Qualcomm a significant sum and entering into a multiyear patent licensing agreement. Qualcomm's patent portfolio, and its strong defense of it, not only avoided a financial disaster but also bolstered its leadership in the 5G market.
The Hidden Value of Writing a Patent
Filing for a patent isn’t just about securing protection—it’s also a valuable exercise for innovators. The process forces you to clarify your invention and hone in on the technical details. A good patent attorney will challenge you to define your invention's uniqueness and thoroughly document its workings. This process can be eye-opening, as it pushes you to:
In short, the process of writing and filing a patent can sometimes be as valuable as the patent itself.
Let’s be clear: patents aren’t the primary factor behind a company’s success. Execution, customer focus, and rapid iteration are often far more important. That said, don't dismiss patents as unimportant or irrelevant. They can play a critical role in your strategy, especially in competitive or technology-driven markets. As I discuss in my book, Beyond Eureka! The Rocky Roads to Innovating, the history of innovation is intertwined with the history of patents. The world’s most successful companies have built vast patent portfolios for good reason—they serve as both shields and swords in the battle for market leadership. So, if you’re an innovator, don’t shy away from filing for patents. Your ideas deserve protection, and that protection can be one of your most valuable assets.
freelancer
3moIf you're looking to navigate the tricky waters of intellectual property, patentreviewpro.com is where I’d steer you. It’s a great resource that really helps organizations like ours stay on track.
Chief Executive Officer & Co-founder at Mimoto
3moMarylene Delbourg-Delphis I agree with your assertion: yes, when possible. I have one more reason to add to your list: Defense. Beyond protecting your IP, a patent is a proactive defensive measure in case a person or company claims you have stolen their IP. The patent filing may be used as a description of your approach that includes a valuable filing date stamp.
Attorney - IAM 300 IP Strategy Expert 2025, IP Protection and Risk Management Counsel helping you drive Business Growth
3moVery well said. Another hidden value of going through the Patent process is that you have an opportunity to look at your company’s value proposition to articulate the difference between your products and your competitors products. I had a very big client that had trouble differentiating themselves from their competitors’ products during sales pitches. After we went through the patent process, it became very clear what was new, unique and useful to them. After that, sales became easier. There’s lots of value to draw from Patents, including teachings from the process of creating them.
BlueZoo: occupancy, foot-traffic and audience measurement
3mo...and patents can add value to your company in the case of an exit.
Patents may be costly, and more if you are obliged to go to court. Secrets are some time appropriate.