Patent Attorney and Founder
Someone asked me a simple question the other day.
A friend of a friend had just gotten a patent. It was for a bitless bridle. A real product. A real win. Something tangible you could put in your hands and use on a horse.
Now she was thinking about hiring a patent broker.
And she wanted to know what to look for.
That question comes up more than you’d think.
Once a patent is granted, it feels finished. You get the notice. You see your name. You print the patent and maybe even frame it. There’s a sense of closure. Like the hard part is over.
But that feeling is misleading.
A patent sitting on a shelf doesn’t do anything. It doesn’t generate revenue. It doesn’t call potential buyers. It doesn’t explain itself. It doesn’t negotiate.
Someone has to do that work.
That’s where patent brokers come in.
A patent broker helps connect an inventor with someone who wants the rights to that patent. That might be a company that wants to manufacture and sell the product. It could be a brand that wants to license the technology. Sometimes it’s an investor who sees an opportunity others missed.
On paper, it sounds straightforward.
In reality, it almost never is.
Finding the right broker matters more than most inventors realize.
I’ve seen great brokers open doors inventors could never reach on their own. Deals that never would’ve happened without the right introduction, the right framing, and the right timing.
I’ve also seen bad brokers drain momentum. Months go by. Sometimes years. Nothing happens. The inventor is left frustrated, confused, and wondering whether the patent itself was ever valuable to begin with.
Often, the problem wasn’t the patent.
It was the broker.
So let’s talk about what actually matters when choosing one.
First, it helps to understand what a patent broker really does, and what they don’t do.
A broker does not magically create demand. They don’t force companies to care. They don’t wave a wand and make deals appear.
They work their network. They pitch. They explain. They follow up. They negotiate when interest shows up.
A useful way to think about it is real estate.
A real estate agent can market a house well. They can list it properly. They can show it to the right buyers. They can guide the transaction and handle the paperwork.
But if the house is overpriced, poorly maintained, or in the wrong location, no one buys it.
Same thing with patents.
The broker is part of the equation, not the entire equation.
Which is why the very first thing you should ask about is track record.
Not promises.
Not enthusiasm.
Not confidence.
Actual results.
Ask what deals they’ve closed.
Ask how many patents they’ve sold or licensed.
Ask what industries they’ve worked in.
Then stop talking and listen.
If the answers feel vague, that’s a signal.
If everything is “almost,” “close,” or “in talks,” be cautious.
Real success stories don’t need hype. They’re specific.
You don’t necessarily need company names if confidentiality applies. But you do need details.
What kind of patent was it?
Was it a sale or a license?
Roughly how long did it take?
What stage was the patent at when they started?
Time matters here.
Some deals close in a few months. Most don’t.
Which leads to the next question: process.
Ask how they actually do the work.
Who are they contacting?
How do they identify targets?
Are they relying on cold outreach, warm introductions, or existing relationships?
There’s no single correct approach. But there must be an approach.
If someone can’t explain their process in plain language, that’s a red flag.
You should also ask about communication.
How often will you hear from them?
Do you get regular updates?
Do you see which companies they’ve contacted?
Do you get feedback when companies pass?
Silence kills trust.
A good broker stays in touch even when nothing is happening, especially when nothing is happening.
And sometimes nothing happens for a while. That’s normal in this world.
Now let’s talk about fees and compensation, because this is where confusion, and resentment, often starts.
Most patent brokers work on commission. Commonly somewhere between 20% and 40% of the deal value, depending on the broker, the patent, and the scope of work.
Some also charge upfront fees for marketing materials, valuation work, or outreach campaigns. That’s not automatically bad, but it needs to be justified.
Ask exactly what you’re paying for.
Are you paying for actual effort and resources?
Or just access to a mailing list?
If there’s an upfront fee, ask what happens if nothing happens.
Does the broker still actively work the patent?
Or does the effort drop off once the check clears?
Now, contracts.
This part matters more than people think.
Most brokerage agreements run for a fixed term, often six or twelve months.
During that time, the broker represents you. They pitch your patent. They try to generate interest and close a deal.
But many contracts also include what’s called a “tail.”
A tail means that even after the agreement ends, the broker still earns a commission if a deal closes later.
This isn’t sneaky. It’s common.
Deals take time. A company might say no today, revisit the idea a year later, and then sign. If the broker did the early work that led to that deal, they often still get paid.
That’s fair.
But the details matter.
How long is the tail?
Six months? A year? Two years?
Does it apply to all companies, or only ones the broker contacted?
Read that section carefully.
I’ve seen inventors shocked later, not because the clause was hidden, but because they didn’t slow down and read it.
Never rush a brokerage agreement.
Now let’s talk about who the broker actually is.
This is where I’ll admit my bias.
In my experience, brokers who deeply understand patents tend to do better work. And often, though not always, that means they’re patent attorneys.
A patent isn’t just an idea. It’s a legal right defined by claims.
If someone doesn’t understand claim scope, limitations, and design-around risks, they can oversell or undersell a patent.
Overselling kills credibility.
Underselling leaves money on the table.
An experienced attorney understands how to explain what the patent actually covers, and what it doesn’t.
They can answer hard questions when buyers push back. And buyers will push back.
I’ve been in rooms where deals nearly died because no one could clearly explain the patent. One sentence would’ve saved it.
That’s why experience matters.
If the broker isn’t an attorney, ask how legal questions are handled.
Do they work with one?
Do they bring one in for negotiations?
Or do they avoid technical questions altogether?
Guesswork is expensive when real money is involved.
Another key issue is valuation.
There is no price tag on a patent.
Some brokers throw out numbers that sound great but aren’t realistic. Others lowball to make deals easier to close.
Ask how they estimate value.
Do they look at market size?
Competitive landscape?
Cost of designing around?
Existing products or substitutes?
There’s no perfect method, but there should be a method.
Now let’s talk about expectations.
This part is uncomfortable, but necessary.
Most patents do not get licensed.
Most do not sell.
That’s not an insult to inventors. It’s just reality.
A good broker will say that clearly.
If someone promises results, walk away.
This process is slow. It’s uneven. It’s full of dead ends.
You might hear nothing for weeks. Then suddenly get interest. Then silence again.
That’s normal.
The right broker prepares you for that reality. They don’t sugarcoat it. And they don’t pressure you into bad deals just to close something.
Pressure is a red flag.
So is fear-based selling.
If a broker makes you feel like you’ll miss your only chance unless you sign now, pause. Good deals don’t come from panic.
Another issue to understand is exclusivity.
Most brokers want exclusive rights to represent your patent during the term.
That means you can’t work with other brokers at the same time.
Exclusivity isn’t inherently bad. It can actually focus effort. But the term needs to be reasonable.
Six to twelve months is common.
Years without performance is not.
Ask what happens if nothing happens.
Can you walk away?
Are there penalties?
What obligations survive termination?
Again, read the contract.
Now here’s a question inventors often skip, but shouldn’t.
Are you ready for this stage?
Brokerage makes sense when a patent is solid, clear, and market-ready.
Not half-formed.
Not constantly changing.
Not something you’re still unsure about.
If the patent is narrow or easy to design around, that affects interest. A good broker will tell you that.
That’s not criticism. That’s honesty.
Sometimes the smartest move is to wait. Build traction. Get users. Prove demand. Then bring in a broker.
Timing matters more than people think.
I’ve told people not to hire us yet. That surprises them. But sometimes it’s the right advice.
Back to the bitless bridle example.
That’s a physical product. That helps.
Buyers can see it. Touch it. Test it. That often makes deals easier than abstract software or methods.
But the market still matters.
Is it for hobby riders? Competitive riders? Trainers?
Is it safer? Cheaper? Better for the horse?
A broker needs a clear story.
If you can’t explain the value in one minute, neither can they.
Before hiring anyone, write down:
• Who would buy this
• Why they’d care
• What problem it solves
• Why it can’t be easily copied
That preparation makes everything else easier.
Let me add one final personal note.
We offer patent brokerage services. So yes, I’m biased.
But here’s what I’ve learned doing this work.
The best deals come from trust.
Trust between inventor and broker.
Trust between broker and buyer.
That trust grows from skill, clarity, and honesty.
Titles matter less than competence.
Confidence matters less than accuracy.
If a broker listens more than they talk, that’s a good sign.
If they ask hard questions, even better.
In the end, choosing a patent broker is like choosing a partner.
You’re letting someone speak for you.
Explain your work.
Negotiate on your behalf.
That’s not small.
So slow down. Ask real questions. Read the fine print.
And remember this:
A broker can help unlock value, but they can’t create it from nothing.
The patent has to carry its weight.
If you find someone who understands that, you’re on the right path.