NL Patent Office

Apply for a patent or not?

When choosing whether or not to apply for a patent, there are many matters that you have to take into account. Afterwards, if you do opt for a patent, you will have to make a number of choices again. We have provided a brief summary for you.

The choice with regard to whether or not to apply for a patent is a strategic one, as it determines the way in which your invention will develop further.

Before you apply for a patent
Please take the following into consideration:

• Consider the fact that your patent is going to cost money. If you expect to spend more on the patent than you gain in profit, please do not apply for a patent. 
• Consider whether you are able to protect your invention in a different way (or perhaps protect it in an even better way), such as by means of design protection or copyright. 
• A patent may be superfluous for a product that has a short lifecycle. When you obtain the patent, the market may have already moved onto another invention.

After you have applied for a patent
Please take the following into consideration:

• Consider the countries in which there will be a market for your product. It would be wise to extend your patent to those countries. Market research should be carried out for this purpose.
• Consider whether you wish to continue managing production and distribution or whether you wish to outsource it. You can sell your patent, for example, or license it.
• When selling your patent, consider whether you wish to sell in one go for all countries or if you wish to decide on a country-by-country basis.