Maintenance & Enforcement
Is litigation ever the right monetization path?
The short answer
Sometimes — but the math is brutal. Even a 'small' patent case with under $1 million at stake carries a median cost around $800,000. Litigation monetizes only when the evidence of use is strong, the defendant has real revenue, and the patent survives scrutiny — a small fraction of situations.
The full picture
When it works: strong evidence of use, a well-capitalized infringer, a patent with clean prosecution history, and damages that dwarf the legal spend. Contingency-fee litigation and litigation finance exist for exactly this profile — funders take cases the way investors take startups, and they're as selective.
When it doesn't: uncertain infringement, small infringers, questionable validity, or a patent near expiry. For most owners, licensing to the 'infringer' captures most of the value at a fraction of the cost and risk. The honest first question isn't 'can I sue?' but 'what's this evidence worth as a license?' — and that's a calculation we run regularly.
Where does your patent stand?
The Beyond the Patent Commercialization Score answers that — a professional, factor-by-factor read on your patent's licensing, sale, build, and partner potential.
Related questions
General information for patent owners — not legal advice. Read the disclaimer.