Protecting a valuable invention doesn’t stop once you secure a patent. In today’s competitive marketplace, defending your intellectual property often requires legal action—which can be both time-consuming and costly. For inventors, startups, and smaller businesses, the prospect of pursuing a patent infringement case through traditional hourly legal billing is often unrealistic.
That’s where a contingent fee patent attorney becomes a game-changing ally.
In this blog post, we’ll break down the top five reasons why working with an attorney on a contingent fee basis can be a smart, strategic move—especially if you want to enforce your patent rights without incurring upfront legal costs.
1. No Upfront Legal Fees
One of the biggest hurdles to enforcing a patent is the high cost of litigation. Patent lawsuits are complex and can drag on for months or even years. Attorney fees, expert witnesses, court costs, and discovery expenses can easily reach six or seven figures.
A contingent fee arrangement shifts that burden. Instead of charging you hourly, the attorney takes on the case with the understanding they’ll only get paid if they win a settlement or judgment. This opens the door for innovators who have valid patent claims but lack the financial resources to pursue enforcement.
For many small businesses, this makes patent litigation feasible for the first time.
2. Aligned Incentives Between You and Your Lawyer
In a traditional billing model, lawyers get paid regardless of the case’s outcome. But a contingent fee model aligns your attorney’s incentives with your own. Your lawyer is financially motivated to win because they don’t get paid unless you do.
This often results in:
- A stronger commitment to building a winning case
- More efficient litigation strategy
- Realistic assessments of your case’s potential value
This partnership approach gives you confidence that your attorney is fully invested in your success—because their compensation depends on it.
3. Strategic Evaluation of Your Case
Because a contingent fee patent attorney assumes the risk of litigation, they won’t take on a case unless it has a strong likelihood of success. That means your case is carefully vetted before moving forward.
Attorneys will examine:
- The strength and enforceability of your patent
- Clear evidence of infringement
- The potential economic value of damages
- The defendant’s ability to pay a judgment
This level of scrutiny ensures that only meritorious cases go forward—giving you peace of mind that your claim is worth pursuing.
4. Leveling the Playing Field Against Larger Opponents
Often, the parties infringing on patents are large, well-funded corporations with deep legal teams. For an individual inventor or small business, going head-to-head with these companies can feel like an uphill battle.
Hiring a contingent fee patent attorney helps level the playing field. With a skilled litigator on your side who’s not limited by your financial resources, you can pursue enforcement aggressively and confidently. The attorney takes on the heavy legal lifting, giving you a fair shot at justice, regardless of the size or financial power of the opposing party.
5. Turn Your Patent into a Revenue-Generating Asset
Many patents sit unused or underutilized—not because they aren’t valuable, but because the owner lacks the means to enforce them. Contingent fee litigation allows you to actively monetize your intellectual property.
Outcomes can include:
- Settlements or court awards for past damages
- Licensing agreements for future use
- Court orders preventing continued infringement
Rather than letting an infringer profit from your innovation, a successful litigation strategy can help you generate income and strengthen your IP portfolio—without draining your resources.
Is Contingent Fee Representation Right for You?
While contingent fee arrangements offer major advantages, they’re not available for every case. Typically, attorneys look for:
- Valid, enforceable patents
- Clear and provable infringement
- Defendants with financial means
- A potential recovery that justifies the litigation cost
If your case meets these criteria, working with a contingent fee patent attorney could be the most effective way to enforce your rights.
Final Thoughts
If you believe your patented invention is being used without authorization, but you’ve hesitated to act due to legal costs, it may be time to consider a different approach. A contingent fee patent attorney can help you assert your rights, pursue damages, and transform your intellectual property into a protected, revenue-generating asset—without the burden of upfront expenses.
Need Experienced Legal Guidance?
At Katz Law Firm, we help inventors and businesses enforce their patent rights through smart, aggressive representation. Our experienced team offers contingent fee arrangements to qualified clients, ensuring you have access to top-tier legal advocacy regardless of your financial situation.
If you’re ready to find out whether your case qualifies, contact us today for a confidential consultation. Let’s protect what you’ve built—together.
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