Over 90% of U.S. Patents Lack Strategic Value.

It is estimated that over 90% of patents lack strategic value, i.e., they can be easily circumvented and do not block competitors. The main reasons for this are: (1) the invention has little or no inherent value; (2) the inventor or business lacks the ability to get the invention to market; and/or (3) patent protection for the invention is narrow and others can easily circumvent it. This article examines thethird reason – patent protection being too narrow.

The Goal Is to Make Money and Not to Merely Get a Patent.

Intellectual property represents about 80% of the value of large American businesses. For a

small business or startup, most of its value may lie in the strength of its patents, because without

meaningful patent protection others can freely copy its products.