Why I Don’t Recommend Patents and What I Do Instead
I recorded this short video because I saw a situation play out that I’ve seen too many times before. A nationally known columnist encouraged a client to pursue a patent. The client got the patent, then lost it to a Chinese troll, and suddenly had no idea what to do next. That experience reinforced why I’ve taken a very different position for years, and why I wanted to explain it clearly here.
A Quick Answer
Should you patent your product idea?
In most cases, no. I don’t advocate patents as a core protection strategy. Instead, I focus on validating ideas through the market and protecting names and positioning in ways that are more practical and enforceable.
Why I Don’t Advocate Using Patents
Patents sound good on paper. In reality, they often don’t protect you the way people expect them to.
What I’ve seen repeatedly is this: Chinese manufacturers control or work around patents with ease. They either copy the product outright, forcing you into an expensive fight, or they make small changes and effectively neutralize the patent altogether. At that point, the protection you thought you had is gone.
That’s why I don’t recommend using patents as the foundation of your product or service development strategy.
What I Advocate Instead
Step 1: Start With a Domain Name and Market Test
When you think of an idea and the initial market research looks promising, the first thing I recommend is securing a domain name.
Register it through GoDaddy and create a simple design that you believe will resonate with your target market. GoDaddy’s tools make this relatively easy.
If the response is positive and you’re seeing traction, that’s meaningful feedback from the market. As an example, getting around 50 hits per day is not uncommon when an idea has legs.
Step 2: Refine Only After You See Interest
Once you see that kind of response, then it makes sense to move forward and possibly have a web design firm refine the design. At that point, you’re improving something the market has already shown interest in, not guessing.
Step 3: Register Your Business Names
The next step is registering your names properly.
We do this with entities like Solutions Forum, Original Biz Guru, and the Small Business Success School. All of these are registered with the Arizona Secretary of State.
This prevents anyone from using those names in correspondence within the state of Arizona and, practically speaking, it carries weight nationally as well. You can register nationally, but it becomes much more expensive.
Step 4: Protect Your Trademarks and Service Marks
When you combine domain registration with registering your trademarks, service marks, and related business identifiers, you put yourself in a much stronger position.
This approach doesn’t rely on chasing infringers around the world. It focuses on control, clarity, and defensible positioning.
Mini FAQ
Does this mean patents are never useful?
I’m not saying patents never have a place. I’m saying I don’t advocate them as the primary protection strategy for most small businesses and entrepreneurs.
Why focus on names instead of products?
Names, domains, and trademarks are often easier to protect and enforce. They also help you establish identity and authority in the market early.
Can this be done outside Arizona?
Yes. You can do similar registrations nationally, but it’s more expensive. Starting at the state level is often a practical first step.
Final Wrap
The core lesson here is simple. Instead of relying on patents that are difficult and costly to defend, I recommend validating your idea in the market, securing your domain, and protecting your business identity through proper registrations. This approach has worked for us for years.
The full video transcript is included below so you can review my exact wording and context.
Transcript:
0:01
Hi, this is John Heinrich. I wanted to put out a short video to everybody about an interesting situation I saw happen with a nationally known columnist, who will go nameless and blameless, who was extolling the virtues of getting a patent on a product, and her client got a patent, lost a patent due to a Chinese troll, and then didn’t know what to do.
0:32
We do not actually advocate using patents in your product development or service development because the Chinese control the patents and frequently do, and you either lose your patent entirely when they copy it or they look at it, change a few things, and copy it anyway, and you’ve lost the effect of the patent.
0:56
What we do advocate in place of this is that number one, when you think of an idea, the market research looks promising. Develop a domain name first. Register it with GoDaddy and create a design you think might work for your target market. GoDaddy, through its real function, allows you to do that. If that’s all positive.
1:23
And let’s say you’re getting 50 hits per day, which is not uncommon, then you can move forward with that and maybe have a web design firm refine the design. Secondly, register your names as we do with Solutions forum, and Original Biz Guru, which are all registered with the Arizona Secretary of State, so is the Small Business Success School.
1:51
What this does for you is prevent anyone from using those names in any correspondence in the state of Arizona, and, practically speaking, nationally, you can do the same thing, but it’s much more expensive. But if you do those two things, if you register a domain name and if you register your trademarks, service marks, and everything else connected to your business, then you’ll be in good shape.
2:19
So take that to heart, and let’s hope that it hears it. We’d love to hear your feedback. We’ve used it for years, but this is the first time we’ve really taken it outside the solutions forum orbit. So thanks again for taking the courses, and we’ll look forward to hearing from you down the road.