There is an important distinction between "Can you get a patent?" and "Should you get a patent?" The first is a legal question; the second is a business decision.
A patent attorney can evaluate patentability based on prior art and statutory requirements, but predicting whether a patent will be financially worthwhile is a business assessment, not a legal one.
Attorney Wendy Akbar explains that counsel should evaluate patentability based on prior art and statutory requirements, but should not be expected to make income predictions about an invention.
Attorney David Logan identifies three evaluation criteria for inventors to consider: whether the underlying idea is sound, what protection method makes sense (trade secrets versus patents, considering cost and duration), and the monetization potential.
Entrepreneurs should assess whether the expense of patent prosecution justifies the business potential, evaluate market demand, and consider cost-effectiveness before committing to the filing process.
While attorneys may offer experience-based insights, patent decisions ultimately remain business choices for inventors to make. The best approach is to consult with both IP counsel and business advisors before investing in patent protection.