What are the Risks in Seeking a Patent?

No matter how much money one spends or what professional assistance is obtained, the potential risks associated with the patenting process are substantial and should be carefully considered before and while pursuing that process.

For example, there are no guarantees how the USPTO will respond to a given patent application, how much time or effort will be needed to convince the USPTO to issue a patent, or what the scope of the claims of that patent will be.

Similarly, there are no guarantees how the market will react to an innovation, whether one will be able to successfully license or enforce one’s patent, and/or whether one will obtain a reasonable return on one’s investment in the patenting process. 

These and other potential risks associated with innovation and the patenting process are significant and should be taken into account before and while pursuing that process. 

Of course, utilizing the services of a competent patent attorney can often help lessen some of these risks, but not all of these risks can be eliminated entirely. 

The important thing is that one recognizes, weighs, and maintains realistic expectations of the potential costs, potential benefits, and potential risks, throughout the patenting process and beyond.

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