FAQ of the Week: Since patent litigation is so expensive, how can I afford to enforce my patents?

patent litigation FAQ

Question: Since patent litigation is so expensive, how can I afford to enforce my patents?

Answer –  Patent litigation is expensive, likely at least $750K had through discovery and at least another $750K through trial. If you have a product on the market that is bringing in good income it is of course possible to fund litigation from that income. A 2nd option is to find an attorney who will take the case on contingency, but most likely the case would have to be worth at least $10,000,000 for an attorney to take such a case. A 3rd option is to use a litigation funding company, which takes its out-of-pocket costs off the top of any positive settlement, and then splits the rest with the counsel. A 4th option is to secure offensive patent infringement insurance. In that case the insurance company would pay for the litigation, but of course the insurance company would only issue a policy to cover such litigation if there is no litigation being planned. To find out more, contact Intellectual Property Insurance Services Corporation, either directly or through your insurance agent.