Brett Trout
The Cost of Defending Your Patent
As an inventor or patent holder, your intellectual property represents years of hard work, creativity, and financial expenditures. But what happens when another party infringes on your patent rights? The average cost of taking your patent infringement case to a jury is $2.8 million. Even for smaller cases, where the damages are less than $1 million, the patent litigation costs average $700,000. These fees can seem overwhelming, especially for individual inventors. This is where a contingent fee structure can make all the difference.
What Is a Contingent Fee Structure?
A contingent fee arrangement means your attorney’s fees are tied to the success of your case. Rather than paying hourly fees upfront, your attorney receives a percentage of the damages or settlement you recover. If you are not awarded any money, you pay no attorney’s fees. This structure aligns your interests with your attorney’s and makes enforcement more accessible to innovators and small businesses.

Protect Your Competitive Edge: By stopping infringers, you maintain your market advantage.
Recoup Lost Revenue: Infringement often leads to financial harm; enforcement can help you recover damages.
Strengthen Your Portfolio: Successfully enforcing patents sends a strong message to competitors about the strength of your patent rights and your intention to defend them.
Benefits of a Contingent Fee Structure
Patents grant you the exclusive right to make, use, sell, and license your invention. When someone infringes on these rights, they’re not just violating your intellectual property—they’re undermining the value of your hard work. Using contingent fee arrangements to enforce your patent rights against infringers offers many benefits:
- Accessible to All Inventors
Pursuing patent enforcement can be costly. While a contingent fee arrangement does not cover third-party costs such as expert witness fees, they cover attorney’s fees which typically make up the vast majority of litigation costs. Large financial outlays for attorney’s fees may deter smaller businesses and individual inventors. With a contingent fee structure, you can pursue justice without bearing the majority of the financial burdens upfront. - Aligned Interests
In a contingent fee arrangement, your attorney is invested in the success of your case. This creates a partnership where your goals—maximizing recovery and protecting your IP—are mutually aligned. - Reduced Financial Risk
If the case doesn’t result in a recovery, you won’t owe attorney fees. This reduces your risk and lets you focus on the potential upside. - Experienced Representation
Attorneys who take on cases on a contingent basis are selective about the cases they pursue. This means they’re confident in the merits of your claim and have the experience and resources to handle your case effectively. - Focus on Innovation
A contingent fee arrangement frees you to concentrate on your business and inventions without worrying about attorney’s fees piling up.
What to Look for in a Contingent Fee Attorney
When considering an attorney for a contingent fee arrangement, ensure they have:
- Patent Litigation Experience: Look for a track record of successfully litigating patent enforcement cases.
- Patent Drafting Experience: The more experience your attorney has with patent prosecution before the Patent Office the better they will be at anticipating and defending against attacks on the validity and scope of your patent.
- Resources: Patent litigation often involves technical experts, discovery, and court proceedings. Make sure your attorney’s firm has the capacity to manage the demands of your case.
- Transparent Terms: A reputable attorney will clearly outline the terms of the contingent fee agreement, including the percentage they will receive and any other potential costs.
Take Action Today
Your patent is more than a piece of paper—it’s a valuable asset that deserves protection. If someone is infringing on your rights, don’t let the cost of enforcement hold you back. A contingent fee arrangement can provide the financial flexibility you need to pursue justice and safeguard your intellectual property.
Ready to explore your options? Contact our firm today for a free consultation. Let’s work together to protect the value of your innovation.
Recent Comments