Five Essential Protections In A Patent 


Whether you are considering applying for a patent or you are already in the process of patent approval, it’s the right time to examine the essential protections a patent offers. It is no small accomplishment to obtain a patent through the U.S. Patent and Trademark Office. In fact, it is a complex and lengthy process. So, why not just skip all the work and expense of patenting and take a fast track to get your product to market? In the following, we’ll answer that question, discuss the considerable value of patent protection and offer specific ways you can maximize that value when your patent is granted. 


So, why not skip the entire patent process and concentrate instead on getting your product to market? Although every product owner wants to get the “revenue generator” going, jumping into the market with hungry competitors lined up and waiting to steal your market share only brings quick defeat. Ignore the temptation to jump into the water by considering the five essential protections found in a patent.

Experience Counts: Engage The Right Attorney

First, engage a patent lawyer who has experience with the U.S. Patent and Trademark Office (USPTO). This is the most significant portion of protection you’ll obtain from a patent: utilizing an experienced intellectual property attorney who can properly file and establish the claims for your patent. Engaging the right patent lawyer will make the difference between obtaining a patent and being denied a patent by the USPTO. An experienced patent attorney will assist in preparing and overseeing the application for your patent. In addition, a patent attorney who is keenly aware of the claim process will help establish multiple patent claims that can bring valuable extensions to the use of your patent. 

A Patent Offers Product Protection

Second, securing a patent offers multiple layers of protection for years to come. One of the reasons for the lengthy process of patenting is directly related to the vast shield of protection a patent offers. If one considers the hours spent in product development, testing, prototyping, and all related efforts, the expense of taking a product to market can be significant. With a patent to protect it, a unique product or feature can be sold without direct competition. Without a patent, competitors wait in the shallows to copy and cash in on the hard work of the innovator. A patent shield protects the investment in the product and the manufacturing of the product, as well as the defense of the patent, if needed, for years to come.  

A Patent Generates Potential And Protection

Third, a patent can be surprisingly profitable when prepared by an experienced patent lawyer. The more claims that are approved within your patent by the USPTO, the greater number of potential applications for usage can be explored under patent protection. In other words, your patent attorney may make, for example, thirty-two claims related to the utility use of your patent and, if granted and approved, your product then has thirty-two protected ways that additional usages can be developed and sold under that patent. This brings an often surprising benefit to the holder(s) of the patent and can open doors to additional revenue applications in the future. 

Legal Protections In A Patent 

Fourth, a company that holds a patent is legally protected should a copycat threaten the patented claims. A court finding will almost always side with a patent holder, the plaintiff, versus a defendant company that has infringed upon a patent. The outcomes can be onerously expensive for the defendant party. In some cases, the defense of a patent can involve more than a year of litigation, include multiple claims, and end in a voluntary settlement versus a judgment. Some plaintiffs garner more revenue from voluntary settlements in patent protection than the company does from their sales of the product that is patent protected.

Licensing Protections In A Patent

The fifth essential protection of a patent is found in the ability of the patent holder(s) to safely license the rights of the patent to another entity. This protection allows a deep and wide net to hold licensing agreements within the comfort zone for patent holders and ensures any infringement or inappropriate usage of the patent can be addressed legally. Depending on the claims held by the patent holder, some rights can be licensed while others can be closely held, furthering the value of the patent overall. 

Maximizing Value While Monetizing A Patent

In addition to the essential protections found in a patent, in what ways can the value of that patent be monetized? As mentioned, licensing rights can be offered by an agreement. Royalties or distribution payments for licensing rights are typically paid on an annual basis and conform to either quantities of products sold or usage rates that indicate how often the patent has brought value to the company that is paying for the license. Use an experienced intellectual property attorney to generate the legal documents to guarantee that the royalties or distribution payments will be correctly accounted for and paid. 

Put A Patent To Work: Extend The Value

Use an existing patent as the foundation to create additional products that can be claimed within that patent. Build a product line or continue building a brand that is identifiable due to the patented item itself. This builds the value of the patent without additional funding and maximizes the investment in the patent. It also suggests to the consumer that the product has additional value because the patent is present and in use.

A Patent Indicates Purpose To Lenders And Investors

A legal holder of a patent or patents is considered to be a serious and purposeful organization. In the perspective of a potential lender or investor, a patent offers a type of additional value because it suggests serious purpose. If a company is growing, for example, and needs additional funding, a patent-holding company can help sway an interested party toward making an investment or offering a loan. This can be a short-term value or long-term value. In addition, a patent can be offered to shareholders as an item of value to raise funds or bring interested parties into the company. In short, patents offer attractive potential returns and most lenders and investors treat them as a good value. 


Whether your purpose is to obtain a patent or fully utilize the patent you already hold, a patent is extremely valuable in today’s business environment. It can be thoroughly protected, maximized by licensing, utilized in claims, and built into new product lines. A patent can also bring investors or lenders into a growing company. For whatever purpose needed, patents are a valuable and enduring partner in any organization.