It’s no secret that obtaining a granted patent can be a long, complicated, and expensive process.  However, it is not all doom and gloom as there are many ways to save money and help you to realise a return on money invested in a patent.  Here we provide 5 examples of important ways costs can be reduced in obtaining and maintaining a patent, as well as when taking action against a competitor if necessary.

1. Invest in the first filing

It can be tempting to minimise costs at the outset, particularly where drafting and filing a patent application typically costs several thousand pounds when handled by a qualified UK or European patent attorney.

However, under-investing at this stage often leads to higher costs and worse outcomes later.  As such, this aspect of the patent process is one where deliberate and selective investment should be implemented to get a strong first application on file.

A well-drafted first application should:

• Provide broad but supportable claim scope
• Include fallback positions and optional features
• Be suitable for prosecution in key jurisdictions (Europe, US, China, Japan, etc.)
• Avoid unnecessary length that increases official and translation costs

Time invested in providing technical detail, alternatives, and data to your attorney upfront is critical. In most jurisdictions, new matter cannot be added later, so what you file initially defines your long-term options.

Under-investment at this stage can risk higher costs later if substantial amendments are required to obtain grant of a patent.  Additionally, due to the strict rules around amendment of patent applications after filing, a poor first application can make it difficult or even impossible to secure the patent protection you might otherwise be able to obtain with a well-drafted first filing.

2. Proactive deadline management

All patent offices impose deadlines to keep the patent application process moving and to ensure patents are renewed on time.  It is very important that these deadlines are met, which is why we maintain a professional deadline reminder system at Wilson Gunn.

If a deadline is missed, obtaining an extension is sometimes possible, but usually only with payment of a fee – and this can significantly increase patent costs.

At worst, a missed deadline can result in the patent being lost, which then wastes any previous expenditure in prosecuting the patent as well as potentially leading to wider negative implications for your business.

3. Strategic use of the patent system to cover multiple countries

When protecting an invention overseas, the route you choose can significantly affect cost.

International (PCT) applications

Filing a PCT application remains a highly effective cost-management tool as it delays major costs associated with filing in other countries by at least 18 months.  This is particularly valuable as it provides additional time to prioritise key markets and assess the commercial viability of the invention.  This helps ensure expenditure is aligned with the commercial reality and reduces the chance of unnecessary spending.

European patent applications and Unitary patents

To save money in Europe, a European patent application can be used to as a single application process that can lead to grant of patent protection in many countries.  If derived from a PCT application, it is possible to avoid certain official fees leading to further cost savings.

After grant, this can lead to a Unitary Patent which can lead to reduced cost and administrative burden for protection across multiple EU countries.

Depending on your commercial footprint, the Unitary Patent can:

• Reduce validation and renewal costs
• Simplify administration
• Provide centralised enforcement via the Unified Patent Court (UPC)

However, neither the PCT nor UP options are always the cheapest option for every business, particularly if only a few countries are of interest.  As such, a tailored filing strategy remains essential.

4. Review your portfolio regularly

Patents and patent applications are an asset for your business, and like any other asset, you should review them to ensure they are providing a return on the costs required to obtain and maintain them.

Proactive portfolio reviews should regularly address:

• Identifying emerging technologies and inventions where new patent filings are likely to protect and amplify future income streams
• Maintaining existing patents and patent applications that support existing income streams
• Removing patents that cover underperforming or obsolete technology

In parallel, you may be able to claim UK Patent Box tax relief to provide a tangible monetary benefit from the patent.

If one of your patents no longer covers your business interests, it could be sold, licensed or simply allowed to lapse to reduce ongoing costs.

5. Monitor competitors and act early

If you are concerned about the activity of your competitors, large savings can be made by acting at the right time.

For example, third party observations are a low cost way to influence the examination of a competitor’s patents.  This could enable you to potentially avoid litigation for a fraction of the cost of court proceedings.

Early intervention, supported by monitoring services, allows you to:

• Minimise infringement risk
• Protect freedom to operate
• Avoid costly disputes

Resource: Watch our patent searching webinar to learn ways to monitor your competitors

Conclusion

Reducing patent costs is not about cutting corners, but about making informed, strategic decisions at every stage of the patent lifecycle.

A well-planned approach can:

• Reduce unnecessary expenditure
• Strengthen your patent position
• Improve commercial outcomes

At Wilson Gunn we have managed global patent portfolios for over 150 years and are therefore able to help you secure cost-effective protection for your invention in the UK and overseas.

If you have any questions about anything we have covered in this article, or intellectual property in general, please get in touch with one of our team.