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By J.D. Houvener
Patent Attorney and Founder

Should You Get a Patent If You Can’t Afford to Sue?

Patents are expensive. Filing one through a good attorney might cost $20,000 or more. So before you start, ask yourself:

  • How big is the market for your idea?
  • Is there enough opportunity to make the cost worthwhile?

If you see real potential, it might make sense to move forward. But remember, patents take time—sometimes years—to secure.

Now, what if someone copies your idea and you can’t afford to sue?

Don’t panic. Most disputes don’t go to trial. In fact, most cases settle early. If you’ve got a strong case, there are ways to enforce your patent without breaking the bank:

  • Block imports: You can file with the International Trade Commission (ITC). For example, one small company managed to stop Apple from importing certain watches using this method.
  • Get funding: Litigation financing firms can cover your legal costs in exchange for part of the payout.

If your case has real potential, you’ll find an attorney willing to take it. They might take a cut of the damages, but that’s better than letting someone profit off your work.

So, is it worth getting a patent?

If your idea has real market potential, yes. A patent can protect your position and open doors to investors or partners. Don’t let fear of enforcement stop you—there are ways to make it work.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. Houvener at https://boldip.com/contact/