Maintenance & Enforcement
When is it time to walk away from a patent?
The short answer
When the data has voted: renewal research shows abandoned patents share identifiable traits — fewer claims, fewer citations, shorter prosecution — and market data shows even good packages can sit unsold for three-plus years. Weak traits plus years of genuine, well-packaged effort plus another fee cliff is the walk-away pattern.
The full picture
Distinguish two failures before deciding. Strategy failure: the patent is fine but was never properly packaged or shopped — fixable, and worth one more real attempt. Asset failure: narrow claims, tiny market, expired relevance — not fixable, and every additional dollar is sunk cost chasing sunk cost.
The emotional weight is real — a patent represents years. But the money already spent is gone either way; the only live question is whether future spending has positive expected value. An outside read breaks the tie remarkably fast. If you're at this crossroads, it's one of the most useful conversations we have with owners.
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.