Should I still file a patent even if I don’t plan on making money from my idea? 7 Answers as of April 20, 2015

Should I still file a patent even if I don’t plan on making money from my idea?

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Sebby Law Office
Sebby Law Office | Jayne Sebby
It's entirely up to you; you don't "have to do" anything if you don't want to. However, if the idea is eligible to be patented and you have the money and time to submit an application, you can always obtain the patent and then donate any money you make from it to the charity of your choice.
Answer Applies to: Nebraska
Replied: 4/20/2015
Mark Torche | Mark Torche
It depends. It is a way to get your invention out to the public, even if you don't plan on ever trying to sue someone for infringement, but there are other ways besides a patent to do that. I have talked with some clients who really wanted the application to be published and were not as interested in the actual patent, but there many factors to consider. I would suggest talking with a patent attorney or agent to see if they can help you achieve your goals. Good luck.
Answer Applies to: Iowa
Replied: 4/14/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Why would you spend money on a patent if you do not plan to make money on the invention? Your patent attorney or patent agent will be happy to bill you for preparing and filing the patent. If you use our services I hope that you do file a patent.
Answer Applies to: California
Replied: 4/14/2015
Gerald R. Black, Esq.
Gerald R. Black, Esq. | Gerald R. Black
This is an excellent question. Generally, inventors file Patent Applications either to (1) spearhead a launch, building a team and marketing the product themselves (either with or without the help of investor); or (2) license the Patent(s) to someone already in the industry. And, sometimes in order to license the product, it is useful to demonstrate to a licensee that there is a market for the product. Clearly, if you are not interested in (1) or (2), we would suggest spending your money elsewhere. If you are pursuing option (1), you may need to develop a business plan. You may be able to conserve funds by doing much of the initial marketing online. If you are pursing option (2), you will need to target the key players in the industry so that you can contact them. Patent Counsel can play a key role as a member of your team. International patent protection is something that should be considered, since large companies have global reach. Of course, protecting global patent rights while preserving your resources is critical. I hope that this helps and Good luck!
Answer Applies to: Michigan
Replied: 4/14/2015
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Maybe. You need to consult with a patent lawyer.
Answer Applies to: New York
Replied: 4/14/2015
    Webb IP Law Group
    Webb IP Law Group | Jason P Webb
    Sometimes people will file a patent application for the prestige/etc. of having a patent. E.g., engineers sometimes find value in being able to put their patents on their resume. Also, sometimes people will file a patent on an invention that they don't plan on developing into a final shelf-ready product, but they intend to license it to someone who will and collect royalties on sales.
    Answer Applies to: Utah
    Replied: 4/14/2015
    Banner & Witcoff, Ltd. | Ernie Linek
    I would advise against it. Filing for a patent will cost you money - likely $6000 or more - in attorney fees and prosecution fees. If successful - you will obtain a US Patent on your invention. You can frame it and hang it on the wall. The patent is kept in force by payment of costly maintenance fees - by the 4th, 8th and 12th anniversary of issuance. Miss any payment and the patent expires that day - making the invention free for use by the public. In my opinion, a main reason to get a patent is to try to make money with it.
    Answer Applies to: Massachusetts
    Replied: 4/14/2015
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