Even if I can legally get a patent, are there reasons to not get a patent?

Of course! First and foremost, does the patent help advance your business goals? You need to get a return on your investment (ROI). For example, as discussed above, does the invention protect your market share, cover potential competitor business, or will it command a healthy license? If not, even if it is the coolest invention ever, you probably want to forget about patenting it. In addition, if you could never determine if a third party is infringing the patent, then you also may want to skip the patent. This comes up a lot in manufacturing processes and some software processes. In that case, you may want to keep it as a trade secret.

Steven Saunders is an Intellectual Property Attorney at the Boston-based law firm, Nutter. Steven can be reached at ssaunders@nutter.com.

For more information about Steven, See Steven’s Martin Trust Center Biography at: https://entrepreneurship.mit.edu/profile/steven-saunders/

Intellectual Property Protection

23 articles

How can I protect my innovations? I’ve heard of patents, trademarks, trade secrets, etc.

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What are the legal requirements to get a patent?

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Is software patentable?

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I don’t have the resources to sue someone who is infringing. Why bother patenting my invention?

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MIT owns some patents that I’d like to use. How can I do that?

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External content: What is the patent process? (Via Dragon Innovation)

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External Content: Do entrepreneurs really need patents? (via MIT Bootcamps)

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How do I get a patent? Can I prepare a patent myself? I can write a good technical description.

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A license sounds like a big commitment. I’m not ready for that yet. Can I wait a while to take a license?

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External content: Cheat Sheet for Intellectual Property from Bricolage Law LLC

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External content: MIT Bootcamps webinar series on IP Law

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Why do entrepreneurs need to protect their technical and scientific innovations?

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What experience should I look for in a good patent attorney or patent agent?

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What if I told someone about my innovation? Is it too late to protect it?

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How do I find out if someone else invented my concept first? Is there a way to search for my concept?

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Someone told me not to search patents because it can get me in trouble. Is that true?

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What is a Provisional Patent Application?

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What is the difference between a utility patent and a design patent?

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After I file my patent, I can sell my patented product with no worries, right?

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What are common license terms for intellectual property?

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Does my US patent protect me in other countries?

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How do I handle international filings?

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