“Should I patent this?” The questions you should always ask
In a series of blog posts, Marco Coolen provides insight into his work as a Dutch and European patent attorney at AOMB.
Published on November 2, 2025
Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.
Every entrepreneur or engineer who innovates knows that moment: you've come up with something clever and suddenly the question pops into your head:
“Should I patent this?”
And let's be honest: if you're even asking that question, there's often something interesting going on. But should you actually apply for a patent? That depends on strategy, not enthusiasm.
A patent is an investment, not a trophy
Patenting sounds attractive: exclusive rights, sidelining competitors, building value. But it also takes time, energy, and money. Applying for, defending, and maintaining a patent requires commitment.
That's why the key question is not whether you are proud of your invention, but whether it really adds value to your business.
Sometimes patenting is the best choice. Sometimes secrecy is smarter. Think of Coca-Cola or KFC: their recipes have never been patented, but they are perfectly protected as trade secrets.
Marco Coolen, photo © Bart van Overbeeke
Always ask yourself these three questions before patenting:
1. Will I earn money with it?
A patent only has value if there is an actual revenue model attached to it.
- Is there a market that is large enough?
- Are there margins that justify the investment?
- Can you sell it yourself, license it, or use it as a bargaining chip?
Patenting without concrete earning potential will mainly result in bills. Protecting something that yields nothing is rarely a smart move.
2. Will my competitors want this too?
Ask yourself honestly:
- Would a competitor also want to apply this solution?
- Will someone lose sleep if I have exclusive rights to this?
If you are the only one with an interest in it, you may not need to protect it. But if it is something that will make the rest of the market shine, protection does become interesting. It can make the difference between remaining the market leader or being overtaken.
3. Is it visible or demonstrable?
A patent is only powerful if you can enforce it.
- Can you prove later that a competitor is using your solution?
- Can the product, process, or algorithm be verified from the outside?
If you can't prove that, you're in a weak position. In such cases, secrecy is often the better route: you simply don't reveal your secret.
Patenting is not a goal, but a means
Many entrepreneurs see patents as a kind of seal of quality: “Look what we can do!” But that is not what a patent is for. It is purely a tool to protect valuable technology and strengthen your position in the market.
So, do you feel the urge to patent? Fine. But always focus on your strategy first. A well-chosen patent yields returns. A poorly chosen patent yields paperwork.
Protect what is valuable. Let go of what does not need protection. That is how you build a smart and affordable IP strategy.
The World of Patents
Marco Coolen, patent expert at AOMB since 2013, shares his expertise on patents on IO+: how they work, why they are important, and when they are obsolete.