Ask HN: Have you ever skipped filing a patent due to cost or uncertainty?
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Yes.
Registered as a micro entity, filed patent myself, as the least expensive patent attorney I could find was like $5K down just to "start" to be involved. Ultimately, the patent application was denied. The legal costs could not justify the means. An assessment of the practical marketability of the product must be made first objectively, preferably by others, rather than the creator who is likely too subjective.
Registered as a micro entity, filed patent myself, as the least expensive patent attorney I could find was like $5K down just to "start" to be involved. Ultimately, the patent application was denied. The legal costs could not justify the means. An assessment of the practical marketability of the product must be made first objectively, preferably by others, rather than the creator who is likely too subjective.
Thanks for sharing that — really helpful perspective.
Can I ask: in situations like yours, would a lower-cost way to establish defensible prior art (basically a time-stamped public disclosure that blocks others from patenting the same idea) have been useful, or would it still not have justified the effort?
Can I ask: in situations like yours, would a lower-cost way to establish defensible prior art (basically a time-stamped public disclosure that blocks others from patenting the same idea) have been useful, or would it still not have justified the effort?
The other thing too is that to defend that patent is going to take you some really deep pockets.
Totally agree. Enforcing a patent is often the most unaffordable part.
When the enforcement path is basically off the table, do you think lighter-weight IP protection methods (like publishing something as prior art so nobody else can patent it) actually help in practice, or are they still too limited to matter?
Have you ever reached a point where you chose not to file a patent — either because of the cost, the long timelines, unclear patentability, or just because it didn’t feel justified at that stage?
I’m curious how people have approached this tradeoff in practice and what factors mattered most.