Strategy
5 Patent Mistakes That Cost Companies Thousands
If your company has $10-100 million in revenue, you’re in a tough spot. You’re too big to wing it with DIY patents, but BigLaw firms quote $15,000-$25,000+ per patent application. So many companies just… don’t patent anything.
That’s a mistake. But so is rushing into patents without understanding what actually protects your business. Here are five costly errors companies often make—and how to avoid them.
1. Filing Too Early (Before the Invention Is Ready)
The Mistake
Companies file a provisional patent application before they’ve fully developed their product. They think they’re “protecting” the idea, but six months later, the actual product looks completely different.
Why It Costs Money
When you file the non-provisional application, you realize your provisional doesn’t adequately describe what you actually built. Now you either:
- Lose your priority date and start over ($10,000+)
- File a continuation that doesn’t fully cover the product ($5,000+ wasted)
The Fix: Wait until your invention is reasonably developed. A provisional should describe what you’ll actually make, not a vague concept. If things are changing rapidly, document everything and wait until you have a clearer picture.
2. Filing Too Late (After Public Disclosure)
The Mistake
You launch your product at a trade show, post it on your website, or send samples to potential customers. Then you think about filing a patent.
Why It Costs Money
Because the U.S. is now a first-to-file country—and most other countries have no grace period—you must file a provisional patent application before any public disclosure. That means before the trade show, before sending samples, before any marketing. Spending $2,000–$3,000 on a strong provisional is far less costly than forfeiting international rights worth hundreds of thousands.
The Fix: File a provisional patent application before any public disclosure. Yes, even before that trade show. Even before sending samples. The $2,000-$3,000 for a decent provisional is far less expensive than losing international rights worth hundreds of thousands.
3. Using Boilerplate Claims (Instead of Custom Strategy)
The Mistake
Some attorneys (and definitely online filing services) use generic, copy-paste claim language that doesn’t actually match your specific invention or market position.
Why It Costs Money
When a competitor designs around your vague claims, your patent is worthless. You spent $15,000 on a patent that doesn’t stop anyone from doing anything.
The Fix: Work with a patent attorney who understands your industry and business model. Claims should be tailored to:
- What makes YOUR product unique
- How competitors might try to copy you
- The specific technical problem you’re solving
This is where attorney experience matters more than just filing paperwork.
4. Skipping the Prior Art Search
The Mistake
You skip the patent search to save $1,500-$2,500, and go straight to filing an application.
Why It Costs Money
Six months into prosecution, the examiner finds prior art that kills your application. You’ve now spent $10,000+ on an application that never had a chance. Or worse—you get a patent that’s easily invalidated later when it matters most.
The Fix: Invest in a professional prior art search before filing. A good search tells you:
- Whether your invention is actually patentable
- What’s already out there
- How to position your claims to avoid prior art
- Whether filing is even worth it
Key insight: Spending $2,000 on a search that tells you NOT to waste $12,000 on a bad application is a smart investment.
5. Abandoning Applications Due to Sticker Shock
The Mistake
You file a provisional for $3,000. Twelve months later, your attorney quotes $12,000-$15,000 to convert it to a non-provisional. You’re shocked by the price and let it expire.
Why It Costs Money
You just threw away $3,000 and your priority date. If you file later, you’ve lost a year of protection and any intervening prior art can now be used against you.
The Fix: Understand the full cost upfront and budget for the complete process, not just the first filing. If you can’t afford the full journey, a provisional might not make sense yet.
Typical Patent Costs to Issuance
| Stage | BigLaw | Boutique Firm |
|---|---|---|
| Provisional Application | $3,500-$6,000 | $2,000-$4,000 |
| Non-Provisional Application | $20,000-$35,000 | $10,000-$18,000 |
| Office Action Responses (expect 1-3) | $4,000-$6,000 each | $2,500-$4,000 each |
| Total to Issuance | $30,000-$50,000+ | $15,000-$27,000 |
Pro tip: Look for firms that will credit the cost of your provisional toward the non-provisional application. When the invention hasn’t changed substantially, this can save you $2,000-$4,000 by avoiding duplicated work. Not all firms offer this—ask upfront.
The Bottom Line
Patents are an investment, not an expense. But like any investment, you need to do it strategically. The companies that succeed with patents are those who:
- File at the right time (not too early, not too late)
- Invest in quality prior art searches
- Work with attorneys who understand their specific technology
- Budget realistically for the full patent lifecycle
- Treat patents as business tools, not just legal documents
Need Help With Your Patent Strategy?
We work with companies in the $10M-$100M range who need quality patent work without BigLaw prices. We credit provisional costs toward your non-provisional when the invention hasn’t changed.
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