Guide
Patent granted, now what? The first ninety days for a security, identity, or trust patent
After a patent is granted, calendar the maintenance deadlines with your counsel, ignore the solicitations that arrive in the mail, and decide in writing what the patent is for. The grant settles what you own; the next ninety days should settle who would pay for it, what for, and who you will talk to first.
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Most of what is written about the days after a grant is about paperwork: fees, marking, records. That work matters and your patent counsel owns it. What almost nobody writes about is the commercial side, and that is where granted patents in security, identity, and trust technology tend to stall. The engineering is real, the claims are allowed, and the company still cannot say in one sentence who buys the thing the patent protects.
We work on that side of the grant. This guide sets out the ninety days in three blocks: the first two weeks, which are about not losing anything; the first month, which is about deciding what the patent is for; and the rest of the quarter, which is about testing that decision with people who would actually pay. Nothing here is legal advice. Where a step touches the claims, we say so and give you the question to take to counsel.
What has to happen in the first two weeks?
Three things: get the deadlines into a calendar someone owns, set a rule for unsolicited mail about the patent, and write down who inside the company is responsible for the patent's commercial life. None of the three takes long, and each one prevents a loss that is hard to reverse.
Maintenance fees are the first deadline. The windows open years after issue and close on fixed dates, and the patent lapses if the fee is missed. Your counsel will usually docket them, but the company should hold its own copy of the dates, because counsel changes, small companies change hands, and the person who filed the application is often gone by the time the second window opens.
The second is mail. Within weeks of a grant, owners receive official-looking letters offering to record the patent, register it, publish it, or pay its fees. Some are simply overpriced. Some are fraudulent. The USPTO warns about both. A one-line rule works: nothing about the patent gets paid unless counsel confirms it first.
The third is ownership of the commercial question. In a small company the patent belongs to the inventor emotionally and to nobody operationally. Name one person who will own the next ninety days, and give them the authority to spend a little time and money answering the questions below.
Sourced facts
Maintenance fees on a utility patent are paid without surcharge at 3 to 3.5, 7 to 7.5, and 11 to 11.5 years after the date of issue, with a surcharge in the six-month grace periods that follow. You cannot pay early.
Source: U.S. Patent and Trademark Office, Maintain your patent. Checked .
If a maintenance fee and any surcharge are not paid by the end of the 4th, 8th, or 12th year after issue, the patent rights lapse. Generally, utility patents expire 20 years from the application filing date.
Source: U.S. Patent and Trademark Office, Maintain your patent. Checked .
The USPTO warns that numerous companies unaffiliated with it send patent owners solicitations about maintenance requirements, and that scammers pose as USPTO employees to collect personal or payment information.
Source: U.S. Patent and Trademark Office, Maintain your patent. Checked .
Should you mark your product with the patent number?
Marking is a question for your counsel, and it is worth asking early, because the statute ties marking to what can be recovered later. If you ship a product, ask counsel whether to mark it and how, including whether a web page that lists the patent numbers suits your product.
We raise marking because it is the one paperwork question with direct commercial consequences. A company that ships an unmarked product and later wants to license or enforce may find the value of past use smaller than it expected. We never advise on how to mark, and we never advise on enforcement. We make sure the question gets asked before the first shipment, not after.
If you do not ship anything yet, the question still belongs on the list, because the first product, the first OEM build, or the first licensee's product will raise it.
Sourced facts
35 U.S.C. 287(a) provides for marking a patented article with the patent number, or with a free public web address that associates the article with the patent number, and limits damages where an article is not marked and the infringer was not notified.
Source: Legal Information Institute, Cornell Law School, 35 U.S. Code 287: Limitation on damages and other remedies; marking and notice. Checked .
What is the patent for?
Before anyone pitches the patent, write down which of four jobs it is meant to do: protect your own product, earn licensing revenue in markets you will not enter, support a sale of the patent, or make the company more fundable. The answer changes who you talk to, what you send them, and which mistakes are expensive.
Founders usually want all four. That is fine as an ambition and useless as a plan, because the four jobs pull in different directions. A patent that protects your product is one you want to keep exclusive in your market. A patent you license wants broad, non-exclusive deals in other markets. A patent you sell leaves the company. A patent that supports a raise has to be explained to investors who do not read claims.
The cheap test is a single sentence: this patent exists to do X, for buyer Y, in market Z. If nobody in the company can finish that sentence, the first commercial task is not outreach. It is defining the product the claims protect, in words a non-engineer can repeat.
- Protect our product: the work is claim coverage of what we ship, and future filings that track the roadmap.
- License into other markets: the work is finding where the claims reach beyond our product and who sells there.
- Sell the patent: the work is a package a buyer can diligence quickly, and a short list of buyers who need it now.
- Support a raise: the work is a plain explanation of what the patent makes possible, tied to a product and a market.
Can people outside engineering explain the product?
If your CEO cannot explain the product without the inventor in the room, that is the first gap to close, and it comes before any market sizing. A buyer, a licensee, or an investor will give you a few minutes, and those minutes are spent on what the thing is and who uses it, not on how the mechanism works.
Security, identity, and trust patents are hard to explain because the inventive step usually sits deep in a protocol, a key-handling scheme, a sensor, or a verification flow. The claims describe that step precisely. They do not describe a product. Somebody has to turn the claims into a named product family, map its components back to the claims that cover them, and write the pitch in the language of the buyer's problem.
A useful exercise is to write a four-beat pitch: the problem the buyer has today, what the product does about it, why it is hard to copy, and what the buyer should do next. If the third beat is the only one you can write, you have a patent and not yet a product.
Who would pay for it?
List the candidate buyers by seat and budget line, not by company size: the person who owns the problem, the budget the purchase comes from, and the reason they would pay now. Then grade every entry on the list by how you know it, because most early lists are guesses.
For this technology the buyers fall into a handful of categories: vendors who would build the claimed method into their own product, OEMs and platform companies who would carry it to their customers, operators who would use it inside their own systems, and standards-adjacent groups who care whether it reads on a specification. Each category buys for different reasons and through different people.
Grade each candidate as Confirmed (someone in that seat told you in writing), Verbal (someone told you in a conversation), or Inferred (you reasoned your way there). An early list that is all Inferred is normal. A plan built on it without saying so is how companies spend a year pitching the wrong buyers.
What should the rest of the quarter look like?
Spend the remaining weeks testing the answer with the people who would buy it. A small number of candid conversations with buyers in the right seats will tell you more than any amount of desk research, and they will tell you what the buyers would want to see before they take the next meeting.
Run the conversations as validation, not as sales. Share only what is public: the granted patent itself, a plain description, and the product as you now describe it. Anything confidential, including unfiled variants and the roadmap, waits for a mutual NDA, and counsel should see what you plan to share before you share it.
Write down what each conversation confirmed, what it contradicted, and what it left open. At the end of the quarter you should have a product description people repeat back correctly, a short list of buyers graded by evidence, a list of questions for counsel, and a plain statement of what you still do not know.
- Weeks one and two: deadlines docketed, mail rule set, owner named.
- Weeks three to six: the patent's job written down, the product defined in words a non-engineer can repeat, the buyer list drafted and graded.
- Weeks seven to twelve: validation conversations with buyers in the right seats, counsel questions sent, and a written summary of what is settled and what is not.
What should you not do in the first ninety days?
Do not pay anyone who contacted you about the patent before your counsel confirms who they are, do not send claim charts or confidential material to prospective buyers without an NDA and counsel's view, and do not let anyone talk you into assertion as the first commercial move. Each of these is easy to start and hard to undo.
We would add one more: do not mistake activity for an answer. A listing on a marketplace, a press release about the grant, or a long market report can each feel like progress. None of them tells you who will pay. The test of the first ninety days is whether you can name the buyer, the reason, and the next step, in writing, with the evidence behind each one graded.
Questions for your patent counsel
- Which maintenance dates have you docketed for this patent, and who receives the reminders if our contact details change?
- Should we mark our product, and if so, physically or with a web page that lists the patent numbers?
- Which of our planned products or licensees would be covered by the allowed claims, and which would need a continuation?
- Is a continuation still possible, and what is the deadline to decide?
- What can we safely share with a prospective buyer before an NDA, and what should wait?
- Are there assignment, inventor, or ownership records we should clean up before anyone diligences the patent?
Questions we hear
Is a granted patent worth anything without a product?
It can be, but its value depends on whether someone outside your company needs what the claims cover and can be reached. A patent with no product behind it usually needs a product definition before a buyer can see why it matters.
Should we announce the grant?
A short announcement is fine and helps buyers find you. Keep it to what is public, describe the product in plain words, and avoid any statement about who infringes or what the patent is worth.
When should we talk to buyers?
Once you can describe the product in a sentence a non-engineer can repeat. Talking to buyers before that wastes the one meeting you are likely to get.
Where Patenture fits
Patenture works the commercial side of a granted patent in security, identity, and trust technology. Where nobody outside engineering can yet explain the product, the Patent to Product Read turns the claims and the engineering into a named product family mapped to the claims, a pitch, and a deck your CEO can present without the inventor in the room. Where the product is clear and the market answer is not, the Claim to Market Read comes next. Your patent counsel's access is a condition of every engagement.
By Mike Dayton. Published . Updated .
Every engagement starts with a mutual NDA and a written data-handling annex your counsel can review before intake. How confidentiality works.
Patenture is not a law firm. The claim explainer and the counsel question list are commercial analysis; claim construction, validity, and prosecution strategy stay with your patent counsel, whose access is a condition of the engagement.
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