What is the true purpose of a patent? Many inventors assume a patent gives them the right to make or sell their invention — but that’s not the case. In this episode, attorneys Samar Shah and Jamie Brophy explain what patents really do, why they matter, and how they fit into a smart business strategy.
Here’s what you’ll learn:
The legal purpose of a patent: the right to exclude others from making, using, selling, or importing your invention.
Why having a patent does not guarantee freedom to operate.
How patents can still overlap, and why “freedom to operate” opinions are critical.
Business benefits of patents: blocking competitors, attracting investors, increasing valuation, and supporting licensing deals.
The often-overlooked marketing value of being “patent pending” or patented.
Practical examples from startups and inventors who used patents as leverage in deals and acquisitions.
Why it matters: A patent is more than a piece of paper — it can be a valuable asset that supports funding, partnerships, acquisitions, and long-term growth. Understanding the purpose of a patent helps inventors and startups align IP with business goals.
Chapter 1: What a Patent Really Means
Unpack the legal foundation of a patent — the right to exclude others, not the right to practice your own invention.
Chapter 2: The Freedom-to-Operate Puzzle
Learn why patents can overlap, and why freedom-to-operate opinions are essential to avoid infringing on others’ rights.
Chapter 3: Litigation Limits
Understand why having your own patent isn’t a shield against lawsuits and how courts view patent evidence in litigation.
Chapter 4: Business Goals & Strategy
Explore how inventors and startups can align patents with goals — from blocking copycats to monetizing through licensing.
Chapter 5: Startup Leverage & Valuation
See how patents boost investor confidence, raise valuations, and provide leverage during acquisitions or partnerships.
Chapter 6: Patents in Partnerships & Cross-Licensing
Discover how patents help clarify rights in joint ventures and reduce licensing costs through cross-licensing deals.
Chapter 7: Marketing & Legitimacy Value
Learn how “patent pending” status deters competitors, adds legitimacy, and becomes a powerful marketing tool.
Chapter 8: Key Takeaways & Closing Insights
Summarize the legal, business, and marketing purposes of patents — and how to make them work for your growth strategy.
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