Patent / property right application: Yes or No?
If your business idea is based on a technical invention, you should consider the pros and cons of filing a patent application.
Reasons in favor
- Protection of intellectual property from imitation
The patent owner is granted a monopoly of use limited in time and space. The patent gives you the right to exclude others from using your invention for a period of usually 20 years. - Advantages in the search for investors and cooperation partners
Especially for potential investors, patent protection can be essential. This is because patent protection shows the investor that the invention has already been examined by the patent office & for its patentability and that you have a monopoly on the invention in question. - Third parties can no longer apply for a patent on the invention
By applying for a patent you can avoid that third parties, e.g. potential business partners with whom negotiations have been conducted or competitors, applying for the patent and then standing in the way of later commercialization of your invention. However, this can also be achieved more cost-effectively through other publications. -
Commercialization of the patent through licensing
The patent does not have to be produced in-house. The patent can also be commercialized by granting licenses to third parties.
Reasons against
- Reasons against this
By disclosing the patent, essential information is disclosed.18 months after the patent application is filed, the invention is disclosed to the public with all the details of the application. - The invention is easy to circumvent
The invention is easy to circumvent. If the invention can be avoided using similar methods that are not protected or cannot be protected, imitation by third parties remains possible. - The complexity of the invention
The invention is so complex that it cannot be protected by a single patent. - A patent infringement is sometimes impossible to prove
e.g. in the case of process patents - You cannot or do not want to defend the product after the patent is granted
There may be significant costs to prohibit an unauthorized person from using it. A lawsuit before the patent court can be lengthy and expensive.