The below is provided for educational purposes only*:
 
There are many things to consider before patenting your idea.  The following is not meant to discourage any action, but only aims to provide added perspective on what can be a hefty financial investment.  Although a patent can provide a powerful way for protecting your invention, some important and practical aspects to consider are:
 
1 - Prosecuting a U.S. patent application can be quite expensive, with typical costs ranging from ten to twenty thousand dollars these days depending on complexity of the idea and amount of communication required with the U.S. Patent and Trademark Office (USPTO).  The average rate for a fairly experienced patent attorney is about $400/hour.  This rate easily grows to $550/hr or more for  specialized or experienced attorneys.  In short, a U.S. patent costs about the same as a new car, and that’s only the beginning.  Any legal actions required to maintain or enforce your patent will quickly add to this baseline cost.  It’s no wonder that major corporations make up the majority of patent activity over small, self-funded individual inventors. 
 
2 - Pursuing, obtaining, and upholding a patent is an uncertain road.  Most initial patent applications are rejected by the USPTO due to “obviousness”; where it’s argued that anyone experienced in the field would be apt to come up with a similar idea within the limits of doing their normal job.  It is not always easy to distinguish an invention from just a good idea.  Thus obviousness can be a highly subjective criteria and it will be up to you and your attorney/agent to argue why your invention is not something experienced in the field could have easily figured out and used on his or her own.  The next most common rejection is due to discovery of “prior art” the USPTO claims is essentially the same as your idea.  Such art can be written articles, videos, other patents, or research papers on the public domain which pre-date your application and describe materials or methods that are similar or the same as your idea.  Ideally you search for such evidence before applying for your patent but the sheer vastness of information available on the internet and the USPTO database can make such a search challenging especially in areas of high activity.
 
3 - Although the majority of patent attorneys and agents are professional operations, an inherent conflict of interest may reside in the fact that the firm or agency does not make money unless it is working on a patent for you.  Therefore the attorney or agent may consciously or subconsciously become reluctant to discourage you from moving forward with patent work despite feeling chances for obtaining a strong patent are low.  As discussed, assessing patentability should include determining if there exists any “prior art” representations of your idea already existing in the public domain.  It is therefore prudent for any inventor to perform some amount of prior art search to make sure the same idea has not been divulged or patented by someone else.  One would think everyone would agree a search is a good first step.  However, it is not uncommon for patent attorneys to skip performing a prior art search step altogether in order to avoid discouraging a client from moving forward with drafting a patent application (billable hours).  Their excuse is usually along the lines that a prior art search is often daunting and may not turn up the same items that the U.S. Patent Office will in its eventual research of your application.  Although this may be true in some cases, would you feel good about spending several months and thousands of dollars only to find out your “better mousetrap” was already invented years ago?  Or would you rather find out right away?  Most would want to avoid the substantial waste in money, time, and effort.
 
4 - Whether challenged on obviousness or prior art, as the inventor you cannot wholly rely on your patent attorney to come up with technical arguments defending your idea with the USPTO.  Patent attorneys and agents are versed mainly in patent office procedural details, word-smithing, and other legal formalities.  They typically will know much less about the engineering of your product than you do.  Any ensuing debate with patent office takes the form of letters or “office actions” issued by the USPTO requiring responses from your patent firm.  Your attorney or agent will nonetheless bill you for the time required to formulate and issue these response letters; even when they contain mostly your technical feedback.  Costs can quickly add up especially if the exchange becomes complicated.  These extra efforts come with no guarantee of allowance by the patent office; therefore potentially at a loss of significant time and money.
 
5 - Even if you are persistent and fortunate enough to have your patent granted, the uncertainty doesn’t end there.  Your patent can be challenged by a third party practically right off the bat through the Patent Trial and Appeal Board (PTAB).  Beyond that it will always subject to lawsuits where the validity of your patent may be questioned.  Such trials are usually a battle of who has deeper pockets therefore corporations typically have tremendous advantage over private, self-funded individuals.  Individual inventors are often forced to consider dismal settlements or drop out of trial entirely due to the exhorbinant attorney fees require to fuel his or her case.  And even if you were to obtain financial assistance in the form of a patron or co-investing interest, patent case law is a dynamic subject, with judges and juries often disagreeing on outcomes and even the meaning of words contained in a patent.  Prior art that was missed by the patent office itself may be dug up by opposing counsel years after your application was granted.  The USPTO assumes no responsibility so you shoulder the burden of sunk costs!
 
Again, the above is not meant to discourage, but to only inform those who are considering a patent, especially for the first time.  Another aspect of patents is that they represent a “negative” right – that means it gives you only the right to prevent others from using your idea.  If your idea cannot be implemented without the use of someone else’s patent, you may be stuck.  For example, you may have a software improvement for a smartphone which rests on using intellectual property owned by large corporations such as Apple or Samsung.  A patent can be a powerful advantage and bargaining chip, but only if everything goes well. 
 
Given all the ambiguities described, it’s no wonder academics joke that patents don’t actually provide the right to prevent others from using your idea, but only “a chance at” preserving such right.  As such, patents can be an essential part of business strategy that helps mitigate risk and maximize possibility of successful new product introduction. 
 
In sum, obtaining a patent can be a long, expensive, and uncertain process that provides no guarantees of protection.  At the same time, patents have become an essential component of a business strategy that increases chances for commercial success.  Knowing how and whether patenting may apply to your situation depends on a number of factors considered against a dynamic backdrop of evolving patent law and business practices.  Idea-Snap can help you or your company with assessing strategy across technical- and business-related considerations behind your patenting activity.

​* Note:  Idea-Snap provides technical advice to our clients in a variety of areas, some of which may relate to intellectual property and patents. Although we often work directly with patent attorneys and agents, we are a non-lawyer entity and are not licensed to practice law or provide legal advice.  If you have any questions or concerns about our services please do not hesitate to contact us.