Strategies for filing patents that attract licensing opportunities.

You’ve built something brilliant. Now, how do you get others to pay you for using it?

That’s where licensing comes in.

As a patent attorney, I’ve seen entrepreneurs turn a single patent into an income stream without ever building a factory. The secret? Strategic filing. If your goal is to monetize, you need to draft your patents differently from the get go.

Let’s talk about how to file patents that licensing partners actually want.

How to File a Patent That Gets You Paid

What Is a Licensing-Ready Patent?

Licensing-ready patents are clear, enforceable, and useful across a market. They cover more than a single product. They protect a process, technology, or system that others want to use or build on. The patent also covers all various embodiments that the inventor and her team can think about, and any way of designing around the product is included in the patent. 

If your patent is too narrow, you limit its value. If it’s too vague, you risk rejection or legal challenges.

So, how do we strike the balance?

Step 1: Understand the Market Before You File

Before drafting your patent, research your industry. What are competitors building? What technology gaps exist? What processes are emerging?

For example, in medical devices, licensing is common. But your design must meet regulatory standards and show commercial viability.

Start with a patentability search. This uncovers what’s already been filed and what space you can occupy.  Get an idea for the landscape of the invention and industry you’re entering. A solid utility patent should claim what makes your invention innovative and commercially interesting.

Step 2: Draft for Breadth, Not Just Depth

Broad claims protect your idea across multiple applications. Think beyond your product’s current form. Consider how others might use your method or system.  Consider how you might change the product or system if you were a competitor, and include that in your patent.  Remember, you don’t need an actual prototype to obtain a patent, enough information and detail to “enable someone skilled in the art” is all you need here.   So if you can describe those variations in detail, include them!

Let’s say you’ve created a novel software that automates product manufacturing and distribution. Protect the algorithm, data flow, and system integration along with various ways to make that novel system.

Work with your patent attorney to draft claims that reflect how your technology solves a problem across industries. This makes the patent more attractive to potential licensees.

Step 3: Include Multiple Claim Types

Include independent claims, dependent claims, and method claims. This offers flexibility in licensing discussions.

Some companies might license just the method. Others might need system-wide protection. The more versatile your claims, the easier it is to carve out tailored agreements.

This also helps you defend your IP if someone copies part of your invention, not all of it.

Step 4: Include International Protections

Licensing doesn’t stop at U.S. borders. If you want global partners, file international patents through the PCT (Patent Cooperation Treaty).

Start with a U.S. provisional or non-provisional patent, then expand to key markets within your deadline.

This matters if you’re in fields like aerospace, or consumer tech—industries where licensing often spans countries.

Step 5: Know What Licensees Actually Look For

When companies license technology, they want three things:

  1. Clarity – What does this patent protect, exactly? Is it easy to understand and apply? 
  2. Enforceability – Can this be defended in court? Has it been challenged? 
  3. Strategic Fit – Does it solve a real need in their existing product line? 

To make your patent attractive, you need clear language, a strong claim strategy, and proof of value. A solid licensing strategy also includes talking points and examples of how your patent supports revenue growth.

Step 6: Do a market gap analysis

Dive into the landscape of your field, identify what has already been done, what has already been protected and what is missing in the field.   Identify the problems that remain to be solved and look into innovating and protecting that work.  Oftentimes, talking to people in the field will give you answers to those questions.

Step 7: Maintain Your Portfolio

A licensing deal won’t happen overnight. You need to keep your filings updated.

Monitor deadlines, pay USPTO fees, and renew your rights on time. A lapsed patent isn’t licensable.

Also, if you make improvements to your invention, consider filing a continuation or CIP (continuation-in-part). This lets you expand your IP without starting from scratch.

What’s the Payoff?

Strategic patent filing has helped countless startups generate revenue while keeping overhead low.

Here’s an example: an innovator developed a patented chemical process in 2020. Instead of building a plant, they filed strong, market-ready patents. By 2023, they’d closed three licensing deals—two in the U.S., one in Europe. The total revenue? Over $600,000 annually, without shipping a single product.

This model works best when your patents are designed for this.

But Don’t Wait Too Long…

If you file a provisional patent, remember it expires in 12 months. You need to convert it into a non-provisional or lose your spot in line.

I’ve seen inventors lose licensing opportunities because their patent expired before they could finalize a deal.

A smart filing calendar makes a big difference. Let’s talk if you need help managing yours.

What If You Already Filed?

If you already filed but didn’t plan for licensing, all is not lost.

We can:

  • Review your claim strategy
  • Draft continuation patents, continuations in part and divisionals where applicable
  • Create a monetization roadmap

Licensing is rarely plug-and-play. It’s about positioning your IP in a way that makes business sense.

Let’s review your assets and find untapped value. Start with our monetization guide.

Final Thoughts

Licensing isn’t luck. It’s a result of careful patent strategy, smart filing, and knowing what the market wants.

If you’re an entrepreneur, especially in high-tech or consumer products, this should be part of your business plan from day one.

We’ve helped founders secure licensing deals, negotiate royalty agreements, and build portfolios that investors actually care about.

Whether we work together or not, my goal is to make sure your patent works for you.

Book your patent strategy session and let’s map your licensing potential.