Posted on Wednesday 3 December 2025 by Cruickshank Intellectual Property
A patent provides an inventor with exclusive rights to their invention for a limited period, prohibiting others from making, using, selling, or importing it without permission. To qualify for a patent, an invention must be novel, involve an inventive step, and be industrially applicable. In exchange for this temporary monopoly, the inventor must publicly disclose the technical details of the invention, fostering innovation and contributing to public knowledge. In practice, it can be many things: a record of invention, a legal right, or a shield against competition. But its true value lies not in the technical details alone, but in the story, it tells about a business and its future.
Some patents sit dormant, never commercialised. Others unlock new markets, attract investors, and shape entire industries. The difference is rarely technical—it is commercial.
Take Apple, for example. The company holds thousands of patents covering everything from touchscreen gestures to hardware design. These patents are not merely defensive tools; they underpin Apple’s market position, generate revenue through both products and licensing, and provide leverage in negotiations. Each patent contributes to a larger narrative: a business investing in innovation, protecting its advantage, and signalling strength to investors and competitors alike.
The pharmaceutical industry offers another perspective. A single patent on a breakthrough drug can secure market exclusivity long enough to recoup years of research and development, often translating into billions in revenue. Pfizer’s patent on Viagra, for example, protected its market for nearly two decades before generic versions dramatically reduced sales once exclusivity expired. This phenomenon—the “patent cliff”—highlights how a patent’s lifespan can determine the difference between market dominance and rapid decline.
Patents are not limited to life-saving drugs. Consider Nespresso coffee pods: Nestlé’s patents gave it exclusive control over the single-serve coffee market for years, building a global brand and loyal customer base. Once those patents expired, competitors rushed in with compatible capsules, forcing Nespresso to innovate further and differentiate through branding, design, and new patents.
Together, these examples show that while patents are legal monopolies, their real value lies in the strategic advantage they create during their lifetime—an advantage that can transform industries, secure investment, and drive long-term growth.
So, what makes one patent valuable while another gathers dust? The first test is market relevance. A patent that protects a feature or technology customers genuinely want has a direct line to commercial value. Equally important are scope and strength: the broader and more defensible the claims, the harder it is for competitors to work around them. Time is also critical. With a lifespan of up to twenty years, a patent is most valuable when it still offers years of exclusivity generally for a commercially relevant technology.
Revenue potential provides the clearest signal of value. A patent that supports product sales, opens licensing opportunities, or creates bargaining power in disputes carries tangible, strategic weight. Even when not directly monetised, a strong patent can change competitive dynamics, attract investment, or build partnerships. In the right hands, patents are as much tools of strategy as they are tools of law.
Patents that fail these tests—those tied to technologies without a market, drafted too narrowly, or filed as mere trophies—struggle to justify their existence. Their weakness is not in being patented, but in lacking a clear connection to value.
For businesses, the lesson is simple. A patent is never just a legal formality. Managed thoughtfully, it is a statement of relevance, a foundation of competitive strength, and a bridge to future growth. Its value lies not in the document itself, but in what it represents: a story of innovation, protection, and potential.
If you’re considering filing for a patent, take a look at our related guide: “Thinking of Filing for a Patent?”
If you have an idea that requires protecting or simply need an expert in European IP Law, then please get in touch with us today.
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