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Should You Patent Invention

Inventor's Guide: Should You Patent Your Invention?

Lindokuhle Mkhize

Lindokuhle Mkhize

28 November 20234 min read

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should you patent your invention

This blog will explain why getting a patent is essential to protect your creations.

In today's fast-paced world of technology, it's crucial to grasp the value of protecting patents. 

We'll explore the benefits patents bring, such as boosting your invention's value and providing you with a competitive edge. We will also discuss the different types of patents, the expenses of a patent search, and how and when to apply for a patent.

Should you patent your invention?

In the world of innovation, inventors regularly encounter competition from fellow entrepreneurs.

Brilliant ideas are frequently conceived by individuals, yet swiftly, others may create products influenced by these original concepts. When you create a unique invention, it’s highly advised to contemplate obtaining a patent. Patents fulfill various roles and offer nationwide protection for your invention.

How much do patents cost?

Getting a patent may be a time-consuming and expensive procedure. It involves filing fees and, in some cases, hiring a patent attorney. Therefore, weighing the costs against the benefits is crucial before patenting your idea. One option is to start with a provisional patent application, a simpler and less expensive way to secure initial protection.

You can use it to file a non-provisional application within a year. It's best to talk with a lawyer when filing non-provisional applications to make things easier.

What can be patented?

Is your invention eligible for a patent? Almost anything can be patented as long as it meets specific criteria.

If something is new, helpful, and not apparent to someone with ordinary skills, it can be patented. This includes gadgets, software programs, and new plant varieties. The key is demonstrating that your invention has a novel and non-obvious aspect that sets it apart from existing technologies or techniques.

What do patents protect?

Patents safeguard your invention's functionality and application. 

They let you prevent others from producing, using, or selling your patented idea without your permission. This can be especially important if there's high market demand for your invention or if it's a unique and innovative idea. Patents protect your ideas and stop others from using them without permission.

Why is a patent essential?

A patent is essential for several reasons. First, it keeps your invention safe from being copied or stolen, giving you exclusive rights to use commercially. You can make the most of your invention by being the only one selling it, which provides you with an advantage over competitors. 

Additionally, getting a patent can draw in investors or partners who recognize the worth of your protected technology. 

Patents promote innovation by motivating inventors to share their inventions with the public. In return, they receive exclusive rights.

Do I need a patent to sell my product or service?

Many goods sold in the US are non-patent-protected. In general, patents prevent others from selling or importing inventions for profit. Patents are thus optional but are incredibly effective at boosting inventory productivity

Patents allow restricting the use of an invention but can't be claimed; they grant the right not to claim.

"First To File" explained

Following current American patent legislation, First-To-File is awarded to the first inventor who files for a patent. Since the US is a first-to-filer state, patent protection is critical so you can file your patent applications early. 

Patents increase company valuation

Patents not only protect inventions but also significantly boost a company's market value. By securing a patent, a business gains exclusive rights to its innovation, making it more attractive to investors and stakeholders. This exclusivity can lead to increased profits, market dominance, and a stronger negotiating position in partnerships or acquisitions.

Patents are often seen as a reflection of a company's innovative capabilities and commitment to advancing its field, thus enhancing its reputation and financial worth.

Protecting your invention when you need help

It’s crucial to maintain the secrecy of your invention. While a confidentiality agreement aims to safeguard your idea, it doesn’t completely prevent others from disclosing it.

Inventors frequently seek guidance from family, friends, or professional entities. Whenever you require support, exercise caution in divulging details about your invention to ensure its protection.

What is the difference between a patent and a copyright?

Patents protect actual inventions, whereas copyrights protect expressions of ideas. Copyrights are generally used for artistic work, including books, movies, and music.

Benefits of patent protection

To sum up, patents play a vital role in safeguarding inventors and their innovations. They grant exclusive rights, enhance the value of inventions, and provide a competitive advantage. Nevertheless, it's important to balance the costs and benefits, file with the patent office timely, and maintain confidentiality throughout the process before deciding to patent your invention.


What are the risks of not patenting my invention?

Not patenting your invention leaves it vulnerable to imitation. Without patent protection, other companies can freely replicate your idea, especially if it proves marketable. This means you'll miss out on exclusive rights and potential profits from your own creation.

What are some potential drawbacks of obtaining a patent?

Keeping an invention under wraps might sometimes be more effective than patenting it. The patent application process is often lengthy and costly. During this time, market dynamics could shift, or advancements in technology might render your invention less relevant or obsolete.

Is it beneficial to patent my invention?

Holding a patent can be particularly advantageous if you’re directly involved in the production and sale of your invention. It grants a period of market exclusivity, safeguarding against imitations. Additionally, a patent ensures legal protection for your intellectual property, allowing you to take action against any infringement.

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Lindokuhle Mkhize, a skilled creative copywriter and content lead at Trademarkia, brings a wealth of experience in driving innovation and managing teams. With previous success in starting and growing the Innovation and Marketing department at her former creative agency, Lindokuhle boasts expertise in leadership and delivering compelling content. Based in South Africa, Lindokuhle's work focuses on key themes of creativity, effective communication, and strategic marketing.