Should I get a Patent? How to know when it’s worth the Cost and Time

Should I get a patent? How to Decide Before You Spend the Time and Money.

If you’ve invented something, for instance, an improved tool, a clever app feature, a medical device concept, or a new consumer product. It’s natural to ask the big question: Is a patent worth it?

At Tucker Law, our firm handles serious injury cases, and we also help people protect what they’ve built. The “worth it” question comes down to strategy, not hype. A patent is a tool. The right tool can build a house. The wrong tool just empties your wallet.

This question comes up a lot online, and our firm wanted to provide a clear way to think about it as well as a simple breakdown for anyone with questions.

Think of it like putting a fence around your idea. A fence doesn’t create a garden, but it can keep others from taking your harvest once you’ve grown it!

That leverage can be incredibly valuable if:

1. You plan to sell a product and want protection from copycats
2. You plan to license the invention to someone else and need a bargaining chip.

When a patent is worth it: 

1. There’s real money on the line
   If the market is big enough, even a small advantage is worth protecting. If your invention could realistically generate strong revenue or unlock a serious business opportunity, a patent is a smart investment.
2. Your invention is hard to design around
   Some inventions are easy to copy with minor changes. Others are easier to “box in” with strong patent claims. The more your idea forces competitors into your territory, the more valuable your patent can be.
3. You’ll be able to detect copying
   This is an underrated factor. If infringement were visible (like a physical product on a shelf), enforcement would be more realistic. If copying happens behind closed doors (like a manufacturing process no one sees), the patent might be harder to police.
4. You’re talking to investors or partners
   Patents can help in funding conversations because they signal you’re building something protectable. Many investors don’t require a patent, but they do like to see that you’ve thought through defensibility.
5. Licensing is part of your plan
   If your business model is licensing. Meaning you’re letting other manufacturers/sell while you collect royalties, patents are often central to the deal. Licensees want confidence they’re paying for something exclusive.

Why you might be thinking a patent isn’t worth it:

1. The invention won’t pay for itself!
   Patents aren’t just a filing fee. There’s drafting, prosecution, possible revisions, and ongoing maintenance. If the invention is a “nice-to-have” in a small niche, the economics might not pencil out until you’re making money from your idea!
2. Speed matters more than exclusivity.
   Some markets move fast. If your edge is execution, branding, distribution, customer relationships, or being first, those may protect you for the time being.
3. The idea is too close to what already exists
   If there’s a crowded field of similar products or prior patents, you might spend money only to end up with weak protection, or no protection at all. If examiners can prove that your idea was created before you did it, there is no protecting it.

What about a provisional patent application?

A provisional patent application is often a middle path. It can help you lock in an early filing date while you test the market, refine the invention, and decide whether to move forward with a full (non-provisional) application.

But here’s the caution: “provisional” doesn’t mean “casual.” If it’s thin, vague, or missing key details, it may not protect you the way people assume. Done right, it can be a smart step. Done wrong, it can create false confidence.

It’s important to get a trustworthy lawyer on your side who will give you the right information for your specific situation, as well as create a strong patent for you with all the correct information and wording that is needed. Our firm is always here to lend a helping hand and assist you in a way that fits your business’s needs.

Why you would want a lawyer: 

1. The words you choose become your protection as well as your limits
   A patent isn’t just an idea. It’s a legal document with very specific language, and that language is what gets enforced later.
2. The “claims” are the most important part of the patent. They define what you own. People describe their product, upload drawings, tell the story, and then the claims end up too narrow, too broad, or just plain defective.
3. They don’t just file a patent; they build you a protection plan that provides enforcement and licensing value.
4. Lawyers help build something that investors take seriously
5. Get the licenses that you can rely on, feeling confident in them.

The truth about having a lawyer on your side for a patent isn’t just about filling paperwork. They’re there to make sure you’re spending money on something that actually protects you and to build the patent in a way that gives you leverage in the real world, as well as respect from another business partner/licensee.

If you file a patent that is too vague, you may lose the benefit of your early filing date. A lot of people file quickly just to “get something on file,” but the problem happens when your application doesn’t clearly explain the invention in enough detail, which will not support the claims that you want later on. The last thing you want to do is end up with a “paper patent” that doesn’t cover what matters.

Simple Answer:

A patent is worth it when it protects a real commercial advantage you can use. Whether that’s to compete, to license, or to attract investment. It’s not worth it when it’s filed out of fear, pressure, or the vague idea that “patents equal success.”

If you want to talk through whether your invention is a good candidate, call Tucker Law at 1-800-TUCKERWINS. Our firm will help you think through the practical side, including the cost, risk, timeline, and what protection actually fits your goals. Therefore, you can decide with confidence instead of guesswork and hesitation.