| Abstract: | In the previous paper, the author discussed the three criteria for patentability: novelty, usefulness, and nonobviousness and the practical value of obtaining a patent in terms of discoverability - the ease with which infringement can be determined, and in terms of avoidance - the ease with which a potential user of someone's invention could achieve similar results without using that invention. In this paper, the author continues the discussion of the practical value of a patent. Suppose that you have decided that your invention is novel, useful, and nonobvious. Further, suppose that you have decided that your invention is unavoidable (that is, it is the only reasonable way to do whatever it does), and that infringement would be easily discoverable. The remaining questions as to whether to proceed with a patent application are: Who would be likely to use your invention? Based on your answer to #1, what is the value to you of owning the patent? How much will it cost you to obtain the patent? Will your patent stand up in court if it is challenged?. |
