What Are Offensive Patents?

These are your market weapons.

• Used to stop competitors, demand licensing fees, or win infringement lawsuits.
• Often drafted with broad, forward-looking claims.
• Great for building licensable IP or enhancing company valuation.
• They say: “If you copy this, we’re coming for you.”

Best for:

Startups with unique, core technology they plan to commercialize heavily, or any company looking to generate licensing revenue or block copycats.

What Are Defensive Patents?

These are your legal armor.

• Used to protect your right to operate, not necessarily to attack.
• Useful when you're entering crowded markets or using known methods in new ways.
• Filing can prevent competitors from patenting similar ideas.
• They say: “We don’t want to fight—but don’t start one either.”

Best for:

Solo inventors and smaller businesses who need to stay out of trouble, keep innovating safely, and block future legal headaches.

Which Strategy Should You Use?

• Solo Inventors: Focus on Defensive. Start with a well-written provisional patent to secure a filing date. Narrow down what’s unique, and document it defensively. Evolve into offensive filings later.
• Startups: Both—defensive first, then offensive. File early provisionals defensively to document your tech. As your product solidifies, file utility patents offensively to protect core features.
• Small to Mid-Size Businesses: Balanced Portfolio. Use defensive filings to protect product lines, and offensive patents for true innovations to gain leverage in deals or licensing.