A telescope, when used correctly, brings distant objects closer than they actually are, making things clearer and easier to grasp. But if you flip it around and look through the wrong end, everything seems farther away than it really is. That’s exactly what happens when start-ups focus too much on patents instead of actually getting their product in front of customers.
Rabbits are always on the defensive—focused on protecting what they have, avoiding threats, and trying not to lose. They’re the ones asking, “How do I protect my idea? How do I make sure no one steals it?” This mindset slows them down and keeps them from actually making progress.
Foxes, on the other hand, play offense. They’re the ones asking, “How do I get my first customer? How do I make sure people actually see and use my product?” They focus on growth, adapting to challenges, and staying ahead of the competition.
If you’re constantly worrying about patents and legal protections before you even have customers, you’re thinking like a rabbit. But success comes from being a fox—getting your idea out there, learning from feedback, and making sure people want what you’re offering.
They spend too much too soon. Some inventors sink tens of thousands of dollars into a patent before they even know if there’s a market for their idea. By the time they’re ready to sell, they’ve run out of money.
They’re too secretive. Instead of showing their idea to potential customers and getting real feedback, they hide behind a Non-Disclosure Agreement (NDA) and legal documents. This prevents them from actually improving their product or finding the right partners.
The market just isn’t there. Some patents are for ideas that seem great on paper but don’t actually solve a problem people are willing to pay for.
Legal battles drain them. Even if they get a patent, enforcing it is expensive. Many inventors end up spending more time in court than running a business.
The High Cost of Patenting (Before You Even Make a Dime)
Let’s talk money. Getting a patent isn’t just a one-time fee. It’s a long, expensive process that starts draining your resources before you’ve even made your first sale.
Here’s a rough breakdown of the costs:
Patent Application Preparation and Filing: The cost of drafting and filing a non-provisional patent application can range between $8,000 and $15,000, depending on the complexity of the invention.
USPTO Filing Fees: For small entities, filing fees are approximately $800.
Prosecution Costs: Responding to USPTO rejections, which occur in the majority of applications, can cost between $3,500 and $4,500 per response.
Maintenance Fees: To keep a patent enforceable, maintenance fees are required at 3.5, 7.5, and 11.5 years after issuance, totaling approximately $6,300 for small entities over the patent’s lifespan.
Total? Easily $15,000 – $20,000 or more—and that’s before you’ve sold a single product.
I had a client a number of years ago who used to be an actual “Rocket Scientist” working at NASA, a brilliant inventor known for his digital-valve technology. He spent years—and a fortune—defending his patents instead of growing his business. In the end, his company collapsed because he was too focused on legal battles instead of making sales. It’s a tough lesson, but one that too many inventors learn the hard way.
Why Licensing Might Be a Smarter Move
Instead of sinking all your money into patents, why not consider licensing? Licensing lets you partner with a company that already has the resources to bring your idea to market. In return, you get royalties (a cut of every sale) without having to worry about manufacturing, marketing, or distribution.
Here’s why licensing can be a better bet:
Less financial risk. You don’t have to spend a fortune on production or legal fees.
Faster market entry. Big companies already have the infrastructure to launch products quickly.
You still get paid. If your idea is valuable, companies are willing to pay for the right to use it.
Of course, licensing isn’t always the right move, and you need to vet potential partners carefully. But for many start-ups, it’s a way to turn an idea into income without the headaches of running a full-scale business.
Final Thoughts: Stop Playing Defense—Go on the Attack
If you’re a start-up, your goal shouldn’t be to protect an idea—it should be to make sure people know about it and want it. Instead of spending all your time and money on patents, focus on:
Getting your first customers
Refining your product based on real feedback
Finding partners or investors who can help you scale
Patents might have their place, but they’re not a business strategy—they’re a tool. And like a telescope, you need to use them the right way: to bring your opportunities closer, not push them further away.
When you have a new idea, is your first reaction to think defensively rather than offensively?
