Got a Patent? Here’s What You Should Do Next to Maximize Its Value

Getting a patent for an invention is not an easy task. It involves a lot of time and effort for drafting claims, responding to office actions, and even for facing opposition. So, for an inventor, securing a patent is a milestone. But many inventors stop here believing the grant is the end of the road. In reality, it’s just the beginning. If you are an inventor, given below are the steps to be done after you obtain a patent.

Understand What Your Patent Grants You

Let’s start with a simple yet often overlooked fact: A patent gives you the right to exclude others, not the right to use your invention. That’s right—your invention could still infringe on someone else’s earlier patent. That’s why freedom-to-operate (FTO) analysis becomes crucial post-grant, especially if you’re planning to commercialize.

For example, when Apple launched the iPhone, it held hundreds of patents—but also conducted extensive FTO to avoid infringing on third-party patents in touchscreen technologies.

Decide Your Commercialization Strategy

As an inventor, decide whether you want to make and sell the product yourself, license it, or assign the rights to someone else.

• If you want to license, then licensing allows you to retain ownership while letting another party use the patent in exchange for royalties. For instance, IBM is known for generating billions through strategic patent licensing.
• If you want to assign the rights, then assignment transfers ownership entirely. This is often used when a startup exits or a university transfers rights to a spin-off company.

Each option requires clear contractual terms and attention to territorial rights—especially if your patent is part of a PCT (Patent Cooperation Treaty) filing.

Enforce Your Rights

Having a patent won’t stop others from copying your idea. Vigilance is key. Use patent watch services or tools like Google Patents or Orbit Intelligence to monitor potential infringement.

Take the famous case of Polaroid v. Kodak (1976), where Polaroid aggressively enforced its instant photography patents. The court eventually ordered Kodak to cease production and pay nearly $900 million in damages—a landmark in patent enforcement.

Maintain Your Patent

Patents aren’t forever without maintenance. Most jurisdictions, including India, US, and EU, require periodic renewal fees. Missing them can result in your patent lapsing.

Your Patent is a Strategic Asset—Use It Wisely

Think of your granted patent as a business tool and not just as a certificate. Whether it’s part of a product launch, licensing deal, litigation strategy, or merger negotiation, the post-grant phase is where real value of the patent is built.

In a world where IP is currency, holding a patent is like owning land in a growing city. The real question is—will you build, lease, or sell?