Should you patent if your competitor does? Not always.
In a series of blog posts, Marco Coolen gives an insight into his work as a Dutch and European patent attorney at AOMB.
Published on September 14, 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.
Imagine: you see that your competitor has applied for a new patent. Should you now rush to the patent attorney in a panic?
The honest answer is no. But... It's more nuanced than you might think. Sometimes you can sit back and relax. Sometimes waiting can cost you dearly.
Let's take a step-by-step look at the considerations.
Marco Coolen, photo © Bart van Overbeeke
Are you the innovation leader? Then, patenting is almost a given
If you are constantly coming up with new solutions and pushing the market forward, protection is essential:
- You don't want competitors to simply run off with your inventions.
- You want to capitalize on your lead in the form of market power or licenses.
- And you want to protect your investments in R&D.
For true innovation leaders, patenting is simply part of the game.
Are you innovating so fast that no one can keep up? Then skipping it can be a strategy
Some companies move so quickly that their patents often lag behind. They are already three innovation steps ahead before the first patent application is approved.
In that case, it may seem sensible to invest your time and money in R&D rather than protection. But beware:
- This only works as long as you remain ahead.
- If your competitor suddenly comes up with a radical innovation, you will still be left empty-handed.
In that case, patents are your safety net in case the tables turn.
Are you in a market full of fast followers? Then patents are your bargaining power.
In many sectors, companies build on each other's shoulders:
- You build on someone else's innovation.
- A competitor adapts your idea.
- Mutual dependencies arise.
If you never patent, but others do, a one-sided dependency arises. You have nothing to offer anyone in exchange for access to their technology.
Without your own patents, you are left empty-handed at the negotiating table.
Standards do not always offer protection either
Sometimes a technology becomes the market standard. But even then, you do not automatically have access to it. Consider the famous example of Volvo's three-point seat belt. Volvo had the patent, but made it available free of charge in the interests of road safety. A nice gesture. But do not expect every competitor to be equally generous.
Is the technology becoming standard without you owning anything? Then it could cost you dearly.
Patenting is strategic customization
You really don't have to protect every innovation on autopilot just because your competitor does. But you do need to think carefully about your position:
- Do you have something unique? Protect it.
- Are you part of a chain of mutual dependency? Make sure you have room to negotiate.
- Are you lightning fast? Stay alert for competitors who suddenly take the lead.
Those who never invest in innovation and protection will ultimately lose control. Then you'll pay the full price. Following is fine in itself, but without cleverly positioned patents, following is equivalent to lagging behind.
The World of Patents
Dutch and European patent attorney Marco Coolen (AOMB) provides us with a deeper understanding of the world of patents. How do they work, why are they essential, but also: when do they lose their usefulness?
View The World of Patents