Grow A Patent Family Tree To Increase Your Company's Value

By Jeff Pearson

A patent can last for twenty years. But that patent might not adequately protect your invention from competitors unless you grow a patent family tree. A patent family tree can include later, related patents that cover variations of your original patent. This could help you prevent a competitor from designing around your original patent. It can also add great value to your company.

You grow a patent family tree by filing multiple patents that are “related” to your first patent. Courts even use terms like “grandparent patents” and “grandchildren patents” to describe the related patents.

Imagine how important that could be to potential investors. During your fundraising pitch to investors, they ask, “What happens if another company makes a slightly different product to get around your patent?” You could respond, “For this invention, the patent family tree is alive. We can still get patent rights if a competitor tries to design around our original product.”

This strategy also might prove important if a new market arises. For example, imagine that you developed a device that can operate when exposed to different levels of radiation. You could configure it to withstand radiation from a microwave. Or you could configure it to withstand a different level of radiation, for example, radiation experienced on a ship headed for Mars.

In your original patent, you only asked for rights for the invention that works in a microwave. At the time, you did not invest in seeking protection for the Mars device because there was no market for spaceships going to Mars.

Then, in 2026, Elon Musk wants to use your device on a spaceship headed for Mars. He cannot get to Mars without it. He will pay you a huge sum of money for the rights to use your device.

If your first patent already issued (meaning the U.S. Patent Office granted it) and you did not keep your patent family tree alive, then you are out of luck. Musk (and anyone else) can use your Mars device for free.

But if you had kept the patent family tree alive, then you might be able get a “grandchild” patent that covers the Mars device. If so, then you could own rights to the Mars device too. With these rights, you could sell it to Musk, negotiate for a fair royalty, or proceed in whatever way works best for your company. All because you kept the patent family tree alive.

Like many things in the patent world, you must take very specific steps to keep a patent family tree alive. There are critical deadlines and limitations. If you have questions, call your patent attorneys. They will do their job, so you can do yours. Grow. Innovate. Dream BIG!