Resources Ideas and inventions

Before you spend money on a patent

A patent protects an idea. It doesn’t tell you whether anyone will buy it. Four questions to answer first, so the money you spend goes to the right place.

2 min read

Draft for Murray Written by the studio from Murray’s brief, for him to rewrite in his own words or approve before it goes out under his name.

Why the order matters

Many inventors start with protection: a patent attorney, an application, the fees that follow. It feels like the responsible first step. But a patent on a product nobody buys is an expensive certificate. The questions below cost far less to answer, and the answers tell you whether protection is worth paying for, and what to protect.

1. Who will buy it, and what will they pay?

Not friends and family, who are kind. Find people who would actually pay: the end user, a shop that would stock it, a company that might license it. Ask what they pay for the thing it replaces.

2. What’s already out there?

Search properly, including overseas, for products that do the same job, not only ones that look the same. Someone may already sell it, or something close enough that your idea needs a sharper difference.

3. What will it cost to make and sell?

Work out roughly what one would cost to make in volume, then add packaging, freight, the retailer’s or distributor’s margin, and the cost of reaching buyers. The real costs of making, selling and distributing a product are where most plans come unstuck.

4. How will it reach the people who buy it?

Will you make it yourself, license it to a company that already makes and sells similar products, sell the idea outright, or take it to export markets? The route changes what you need to protect, and when.

Keep it confidential while you find out

Until you have advice, describe your idea in general terms only, and ask anyone you share details with to sign a confidentiality agreement first. Showing an idea publicly before you’ve spoken to a patent attorney can limit your options, so get that advice before you put it online, pitch it or exhibit it.

When the answers above say the idea is worth pursuing, a patent attorney can tell you what protection is worth having and when to apply. This article is general information, not legal advice.