Key Takeaways

  • Patents can both encourage innovation and create barriers when poorly managed or exploited.
  • Common problems with patents include unclear standards of novelty, patent trolls, high litigation costs, and lack of international consistency.
  • A strong patent must clearly identify what specific problems it aims to solve and how its solution is unique.
  • Emerging challenges include AI-generated inventions, global patent harmonization, and balancing public access with private rights.
  • Inventors can mitigate many patent problems through thorough research, strategic drafting, and guidance from an experienced patent attorney.

Though patents are critical in modern society, they aren't always beneficial to patent holders or to the wider community. 

For example, a company may acquire patents to keep competitors from developing superior products. As a result, customers will have to wait for up to 20 years before an inventor can research and further develop the concepts protected in those patents. Highlighted below are some problems with patents and solutions that individuals and businesses can seek out today.

Problems With Patents

Legislators have designed copyright and patent laws in the United States so that inventors can build on the work of others if their work meets certain requirements. However, meeting these requirements isn't always easy, and many people find it profitable to take advantage of the current system in some unethical ways. Here are a few of the modern problems with patents:

  • No international standard: Copyright laws vary from country to country. There is no international standard for intellectual property rights.
  • Vague definitions of new, unique work: The law considers creative works personal property, but the law does allow people to build on prior work if it's distinguishable as totally new. However, the parameters that define whether a work is a new idea are unclear. Walking the fine line between totally unique and infringing on past work is a delicate balancing act.
  • Locking inventions behind term limits: The law grants exclusive rights to inventors for a long time. During the term limit, which is generally 20 years, competitors can't develop similar products or processes.
  • Bloated litigation: Infringements, fraud, and similar problems can tie up would-be inventors in red tape and hamper creative progress. People who know how to game the system, known as patent trolls, may take advantage of patent laws, costing eager inventors thousands in licensing fees or totally preventing them from pursuing new ideas.
  • Using patents to build a monopoly: Patents are a business asset. Though some companies file or purchase patents to protect their research, pursue ideas, or attract investors, others may purchase patents to keep businesses and individuals from developing competitive products.
  • Resource limits: Companies and individuals are filing more patent applications than ever before, and the Patent Office is inundated with applications. Processing times are long, and with so many applications for so many inventions already in the queue, it's likely that an idea will be rejected because it infringed on a concept that the creator was never aware of.
  • Vague language in patents: One trick that patent trolls use is purchasing many patents for vague or general products and processes and then suing other inventors or companies, claiming that those parties are violating the patents that the troll holds. In most cases, it's cheaper to pay patent trolls a royalty rather than fight them in court. As a result, people continue to use these tactics; even some reputable companies find patent trolling to be worth their effort.

These problems with patents could force an inventor to scrap an idea or pay royalties to continue developing an invention. Billions of dollars poured into research and development may be lost, and products could even be pulled from shelves if a company or individual can't comply with patent laws.

Understanding the Purpose of a Patent and Its Core Challenges

At its core, every patent exists to solve a problem — whether it's technical, functional, or practical. The patent system encourages inventors to disclose their solutions to these problems in exchange for limited exclusive rights. However, as outlined by TT Consultants and Thompson Patent Law, many patents today fail to clearly define what specific problems the patent aims to solve, resulting in weak protections and legal disputes.

A well-constructed patent must answer the fundamental question:

“What specific problem does this invention aim to solve, and how is the solution novel?”

When this isn’t clearly articulated, patents may become overly broad, vague, or unenforceable. This ambiguity allows competitors to challenge validity or design around existing patents easily. Weak patents not only reduce inventor protection but can inadvertently strengthen the competition by revealing useful ideas without providing solid barriers to imitation.

Moreover, modern patents often face challenges such as:

  • Complexity of emerging technologies like artificial intelligence or biotechnology, which stretch the limits of traditional patent definitions.
  • Ambiguous claim language that leads to misinterpretation or invalidation during examination.
  • Overlapping rights, where multiple patents cover similar innovations, resulting in “patent thickets.”

Global and Technological Challenges in Patent Protection

Content: The patent system operates within a rapidly evolving global and technological environment. According to Global Patent Filing, a major issue is the lack of harmonization across international patent systems. While the Patent Cooperation Treaty (PCT) streamlines global filings, each jurisdiction still applies different criteria for novelty, inventiveness, and industrial applicability.

Additionally, new technologies bring unique complications:

  • Artificial Intelligence (AI) and Machine Learning: Determining inventorship is challenging when AI contributes to the invention.
  • Digital and Software Patents: Ambiguity remains regarding whether abstract ideas, algorithms, or business methods qualify as patentable.
  • Green and Sustainable Technologies: Inventors struggle with balancing proprietary control and the global need for open, eco-friendly solutions.

These issues highlight how patents can sometimes restrict rather than encourage innovation — particularly when they’re used to block progress instead of protecting genuine inventive contributions.

Solutions to Patent Problems

Unfortunately, there aren't clear solutions to many of the aforementioned problems with patents. Patent laws are dynamic, however, and legislators will continue searching for ways to reward inventors while allowing innovation to flourish.

For example, courts today work with patent holders and new filers to determine appropriate licensing fees and negotiate royalty agreements to deter those who aim to exploit the system. Lawmakers are also looking for ways to deter patent trolls altogether. For example, in 2011, Congress passed the Leahy-Smith America Invents Act, the biggest overhaul to the patent system since 1952.

In the meantime, inventors must be diligent about confirming that their work is unique and doesn't infringe on any existing patents. This means hiring a patent attorney to perform an infringement search and confirm that an invention is eligible for a patent.

How to Strengthen a Patent’s Purpose and Impact

To address modern patent challenges, inventors and businesses must adopt a more strategic and problem-driven approach when drafting applications. A patent should precisely outline what specific problems it aims to solve and present its inventive step in terms that are both legally sound and technically clear.

Key strategies include:

  1. Conducting a comprehensive prior art search to ensure the invention genuinely solves a previously unmet need.
  2. Drafting strong claims that capture the invention’s unique aspects without being overly broad.
  3. Linking the invention to measurable outcomes, showing how it improves efficiency, performance, or usability.
  4. Using professional patent drafting services or attorneys to avoid vague or conflicting claim language.
  5. Leveraging post-grant review or opposition mechanisms to refine and defend patent strength.

By focusing on the underlying problem-solution relationship, inventors can avoid the pitfalls of weak or easily challenged patents. This approach aligns with what patent offices increasingly expect — that an invention must identify, describe, and effectively solve a real-world technical problem.

If you need help clarifying your patent’s purpose or strengthening its claims, you can find an experienced patent attorney through UpCounsel’s marketplace. Our network includes top-rated intellectual property lawyers who can guide you from drafting to enforcement.

Frequently Asked Questions

1. What specific problems does a patent aim to solve?

A patent aims to solve a technical or functional problem by providing a new and useful solution that improves upon existing technology. It protects this innovation from unauthorized use.

2. Why is defining the problem important in a patent?

Defining the specific problem ensures the patent demonstrates novelty and inventive step, helping prevent rejection or infringement disputes.

3. What makes patents problematic for innovation?

Issues like vague language, monopolization, and long protection terms can hinder competitors from improving on technology, slowing overall progress.

4. How can inventors avoid weak or vague patents?

By conducting prior art searches, clearly defining the problem and solution, and hiring experienced patent counsel to draft strong claims.

5. Are international patent standards consistent?

No. Patentability criteria and enforcement vary by country, which can make global patent protection costly and complex.

If you need more help solving problems with patents, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.