To file a patent or not?

You can use a patent offensively to protect markets, block competitors, generate licensing income, and strengthen the company's position vis-à-vis investors and partners.

In addition, a patent can also be used defensively. By owning patents itself, a company reduces the risk of being sued for infringement by third parties and creates room for negotiation in the event of conflicts.

The process of applying for a patent requires a well-considered strategic investment in time and resources, and involves disclosure of the invention. Protection is also limited in duration and geographical scope. This makes a targeted and well-considered filing strategy necessary. Patenting must serve a commercial purpose. Effective offensive use and enforcement of a patent also requires active follow-up. Professional guidance is often essential in this respect.

Whether and how you want to patent depends heavily on the market, technology, and your business objectives. A well-thought-out patent strategy—offensive, defensive, or a combination of both—provides guidance in this regard.

Instead of patenting, you can also keep your innovations secret or publish them.

Secrecy (know-how or trade secrets) can be attractive when an invention is difficult to deduce from the end product, such as in production processes or algorithms. The advantage is that you potentially have unlimited protection. However, the risk is that if the information leaks, for example due to employees leaving or independent development by third parties, the protection may disappear completely.

Publishing is the other extreme. By deliberately disclosing an invention, you prevent others from obtaining a patent on it at a later date. This can be strategically useful to keep a technology ‘free’ and avoid being blocked by competitors. A major disadvantage is that third parties are free to use this public knowledge.

When publishing, it is not necessary to disclose all technical details. By publishing in a selective manner, you contribute sufficiently to the state of the art, thereby preventing others from applying for a patent. At the same time, your most valuable know-how can potentially be kept confidential.

A well-considered strategy is also essential when it comes to confidentiality or publication. It is important to assess the extent to which an invention can be reverse engineered based on the end product or public information, and which form of protection offers you the most strategic advantage. Careful consideration is therefore required when deciding exactly what you want to publish.

Want to know more?

Read the webpage ‘Confidentiality’