Why get a patent? I cannot afford to enforce it.

Many entrepreneurs (sometimes with their investor’s approval) skip getting patents.  Many say that they do not have the $2M of dry powder to enforce their patents, so they just do not play the game.

Patent enforcement insurance is ridiculously affordable, especially for startup companies. 

Enforcement insurance means that you have pre-paid legal fees at your disposal any time an infringer pops up.

Besides actually enforcing your patents, having an IP portfolio puts you in a position to negotiate with competitors.  We look at a couple examples of how small companies have used their patents to negotiate – without having to go to court.

2 Comments

  1. James West on January 22, 2020 at 1:26 am

    Interesting information. Great advice. Do you have recommendations on reputable patent insurance providers?

    • russkrajec on January 22, 2020 at 4:28 pm

      There are several companies who provide patent insurance. IPISC seems to have the best offering, since they will protect against competitors and non-practicing entities. RPX and others will provide protection against NPEs, but not competitors. There are other IP insurance providers, including AON, Munich RE, Tokyo Marine, and others.
      This is just a glimpse of the policies available today, and companies are entering/leaving the market with different policies all the time.
      Feel free to call me if you want to know more.

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