The Budget Dilemma in IP Management
For startups, R&D departments, and SMEs, managing an IP budget is an ongoing balancing act. Filing patent applications and leading it to patent grants in multiple jurisdictions can cost €7,000 to €25,000 per country - and that’s just the beginning. Add prosecution, translations, law firm fees, and annual maintenance fees, and your costs multiply quickly.
This financial pressure often forces teams to make tough decisions:
- Which inventions are "worth" a patent?
- Which ones can we afford to protect?
- Which ideas are at risk of being lost or duplicated by others?
- Which ones even have a chance for a broad scope of protection at all?
That’s where a strategic combination of patents and defensive publications comes in.
📍 Protecting vs. Preserving – cost comparison
As illustrated in this sample diagram, professional drafting could be an initial cost factor for both a patent application and a defensive publication. Once the defensive publication has been carried out - for example, via Proofbox - no further costs are incurred for it.
After a patent application has been drafted, Phase I begins: the patent application is submitted e.g. to a national office and undergoes examination. During this process, official communications may need to be responded to until the patent is eventually granted. These steps result in the additional costs identified under Phase I.
Since a patent is a regional exclusive right, Phase II reflects the costs of extending protection to additional regions or countries via follow-up applications. For each country or region where protection is desired, separate costs must be anticipated - including filing, examination, grant, and publication fees, as well as attorney fees for the required procedures.
Finally, Phase III covers the ongoing costs associated with granted patents. This includes at least national annual maintenance fees for the exclusive rights. Additional costs may arise from opposition or nullity proceedings, as well as from enforcing the patent rights, if necessary.
The traditional route - protecting an invention with a patent - grants exclusive rights, but comes at a steep cost. Patents must be actively maintained and defended or utilised, which ties up legal and financial resources over many years.
By contrast, preserving an invention through a defensive publication:
- Requires no prosecution
- Has no maintenance fees
- Offers permanent legal effect as prior art
- Can be done at a fraction of the cost
This makes defensive publication especially attractive for:
- Inventions with low licensing potential
- Technologies close to the state of the art
- Budget-conscious teams aiming for broad coverage
- Secondary features or improvements that aren’t core business
How Strategic Disclosure Maximizes Value
A smart IP strategy doesn’t protect everything - it preserves strategically.
Here's how you can structure your approach:
1. Prioritize patent filings for core technologies
Protect innovations that are central to your business model, product differentiation, or monetization potential.
2. Use defensive publications to preserve everything else
Disclose incremental features, improvements, variants, or fallback solutions. These act as legal blockers to prevent others from patenting the same concepts.
3. Publish early to create a timestamped barrier
The earlier your disclosure is public, the stronger its legal value as prior art. Especially in fast-paced industries, speed matters.
4. Reuse internal invention disclosures efficiently
Not every idea needs to be rewritten. With Proofbox, even a short invention report - with a sketch and a bullet-point functional description - can be published cost effectively and legally compliant.
5. Apply cascaded publication for evolving inventions
If an invention is later improved or refined - because more knowledge becomes available or more time and resources are invested - a second, more detailed publication can be made. This approach, called cascaded publication, allows for multiple related disclosures over time. Each version secures its own timestamp and adds to the legal strength of your prior art. Cascaded publications are especially useful for documenting iterative development processes and protecting evolving innovations in dynamic industries.
Cost-Saving Impact
Let’s say your team develops 10 innovation concepts this year. Filing patent applications in 3 countries could stretch your IP budget beyond €400,000. Instead, you might:
- File patents for 2–3 key inventions (e.g. €60,000–€100,000)
- Publish the remaining 7–8 via Proofbox (€400 per publication plus estimated €2,000-€5,000 per externally prepared disclosure)
➡️ Result: Your entire innovation output is legally preserved - while cutting costs by over 80%.
Competitive Advantage Without Patent Dependence
Strategic disclosure not only saves money, it also:
- Creates freedom to operate for your own team
- Blocks competitors from obtaining patents
- Prevents future licensing conflicts
- Maintains internal innovation momentum
- Supports open innovation and publication-based transparency
Especially in industries with dense prior art, the likelihood of obtaining broad patent protection is often low. In such cases, preservation is often more realistic and efficient than protection.
Conclusion: Strategize, Not Oversize Your Budget
You don’t need a massive patent portfolio to secure your innovation strategy.
By combining protection where it counts and preservation where it’s smart, you gain the best of both worlds: legal clarity, budget control, and strategic flexibility.
Platforms like Proofbox help you implement this approach efficiently - with compliant timestamps, discoverability, and permanent archiving.
👉 Ready to preserve your innovations and optimize your budget?
Try Proofbox and publish your next disclosure with legal compliance, cost effectively and without the possible aftermath of a patent application.
Disclaimer
The information provided in this blog and on this page is for general informational purposes only and does not constitute legal advice. Proofbox Services FZCO is not a law firm and is not authorized to provide legal counsel or act as a legal representative in any jurisdiction. The content herein is not intended to replace professional legal consultation, and users are strongly advised to seek independent legal advice from a qualified attorney before making any decisions related to intellectual property, defensive disclosures, or publication strategies. While we aim to keep the information up to date and accurate, no guarantee is given as to the completeness, accuracy, or currentness of the content provided. Proofbox Services FZCO expressly disclaims any liability for errors, omissions, or outdated references and assumes no responsibility for any actions taken or not taken based on the information on this page and any pages of our Website and Blog. Using this site does not create any form of attorney-client relationship, and Proofbox Services FZCO assumes no legal liability for reliance on the materials presented. Please also refer to our Terms and Conditions and Privacy Policy, which govern the use of this website and our services.
