Low-End Patents Usually Have Zero Value

Snell & Wilmer

I. Most Low-End Patents Have Zero Value.

The term low-end generally denotes a low-cost product with corresponding low quality or value. In the context of patents, however, there is no corresponding low value because lack of foresight, carelessness, or apathy can mean the difference between a patent worth millions and a worthless piece of paper. Low-end patents, prepared and prosecuted with the goal of merely pushing something through the USPTO, often have zero value. Costs alone are paramount, and most or all of the invention’s value is left on the table for competitors to freely practice. There is no consideration of the end game, which is licensing or selling the patent, or making products and keeping competitors at bay by eliminating practical design-around options.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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