Patenting for Inventors Ep.166: Patent Thickets: When Owning Too Many Patents Is the Point

Imagine walking through a dense forest where every step forward risks getting snagged on branches, vines, or thorns. You technically can get through, but it's slow, painful, and you might decide it's not worth it. That's the idea behind a patent thicket.

In Episode 166 of Patenting for Inventors, host Adam Diament, a registered patent attorney and partner at Nolan Heimann, breaks down how companies build these strategic patent portfolios and what it means for everyone else navigating the innovation landscape.

What Is a Patent Thicket?

A patent thicket isn't one patent blocking your path—it's dozens or even hundreds of overlapping patents tangled together, making it difficult for competitors to move into that space without permission. Big tech companies build these intentionally by patenting not just core technologies, but variations, improvements, edge cases, and everything in between.

From the outside, it can look excessive. But from the company's perspective, it's both defensive and offensive. Defensive because it makes it harder for competitors to sue without risking a countersuit. Offensive because it creates massive leverage in licensing negotiations.

Why Companies Build Thickets

Patent thicketing isn't just about stopping competitors from copying—it's about cross-licensing. Big tech companies know they're constantly stepping on each other's toes. Instead of endless lawsuits, they build large portfolios and negotiate: "You use my stuff, I use yours, let's call it even." The bigger your portfolio, the stronger your position.

This is especially critical in industries with technical standards like Wi-Fi, Bluetooth, or video compression, where no single company owns everything and everyone needs everyone else's permission to play.

What It Means for Inventors and Startups

For smaller players, patent thickets create challenges. The risk isn't just one patent lawsuit—it's uncertainty from navigating dozens of potentially relevant patents. That uncertainty alone can slow momentum and complicate investment conversations.

But awareness is power. If you know you're entering a thicketed area, you can plan strategically. You can focus on differentiation, design around known patents, and decide early whether licensing is part of your strategy.

Adam explains how even if you can't build a thicket yourself, thinking strategically about filing families of related patents—protecting variations and improvements, not just your core idea—gives you flexibility and something to negotiate with down the road.

Listen to the full episode to understand how patent thickets shape competitive landscapes and how to navigate them strategically.

Need help filing a patent application or navigating intellectual property issues? Contact Adam Diament at 424-281-0162.

Patenting for Inventors Ep. 166:

Podcast Transcript:

Hello, and welcome to the Patenting for Inventors podcast. I’m your host, Adam Diament, a registered patent attorney and partner at the law firm of Nolan Heimann in Los Angeles, California. This episode is Patent Thickets: When Owning Too Many Patents Is the Point. 

So let me start with something that sounds dramatic, but is actually very real. Imagine walking through a dense forest where every step forward risks getting snagged on branches, vines, or thorns. You technically can get through, but it’s slow, painful, and you might decide it’s not worth it. That’s basically the idea behind a patent thicket. It’s not one patent blocking you. It’s dozens, sometimes hundreds, all tangled together, making it really hard for anyone else to move into that space without permission. 

Now, patent thicketing isn’t some formal legal term you’ll find defined in the patent statutes. It’s more of a business and strategy concept. It describes a situation where a company builds a large, overlapping portfolio of patents around a technology so that competitors have to hack their way through a mess of rights just to make something similar. And yes, big tech companies do this all the time. 

Here’s how it usually starts. A company develops a core technology. Maybe it’s something like wireless communication, video streaming, autonomous driving, or semiconductor design. Instead of filing one patent and calling it a day, they file many patents. They patent the core concept. Then they patent variations. Then they patent edge cases. Then they patent improvements. Then they patent ways the system talks to other systems. Each patent might be narrow on its own, but together they form a web. 

From the outside, it can look excessive. People sometimes say, “Why do they need so many patents for the same thing?” But from the company’s perspective, it’s defensive and offensive at the same time. Defensive because it makes it harder for competitors to sue them without risking a countersuit. Offensive because it gives them leverage in licensing negotiations. 

Let’s say you’re a startup and you invent something that competes with a big player. You do a patent search and realize there isn’t one killer patent blocking you. But there are twenty patents that might be relevant. None of them clearly stop you, but each one raises a question mark. Do you license? Do you design around? Do you risk it? That uncertainty alone can slow you down. And slowing competitors down is sometimes the whole point. 

Now, here’s the part people often miss. Patent thicketing isn’t just about stopping competitors from copying. It’s also about cross licensing. Big tech companies know that they are all stepping on each other’s toes constantly. So instead of endless lawsuits, they build large portfolios and then say, “You use my stuff, I use yours, let’s call it even.” The bigger your portfolio, the stronger your negotiating position. 

This is especially true in industries with technical standards. Think about things like Wi-Fi, Bluetooth, or video compression. These technologies require many different patented components to work together. No single company owns everything. So what happens is companies accumulate patents that are essential or adjacent to the standard. That creates a thicket where everyone needs everyone else’s permission to play. 

Now, is this legal? Generally, yes. Filing lots of patents is not illegal by itself. You’re allowed to patent improvements. You’re allowed to patent variations. You’re allowed to file continuation applications and pursue different claim scopes. The patent system actually encourages this to some extent. But there’s a line between strategic patenting and abuse, and that line can get blurry. 

Critics argue that patent thickets can stifle innovation, especially for smaller players who don’t have the resources to navigate them. Supporters argue that thickets reflect real complexity in modern technology and that patents are how companies protect massive research and development investments. Both sides have a point. 

Another thing to understand is that patent thicketing isn’t always planned from day one. Sometimes it grows organically. A company files patents over many years as a technology evolves. Over time, the portfolio becomes dense almost accidentally. But once it exists, it becomes a strategic asset whether they intended it or not. 

For inventors and startups, this concept matters even if you’re never going to build a thicket yourself. Because you might be walking into one. If you’re entering a crowded tech space, you need to be aware that the risk isn’t just one patent lawsuit. It’s death by a thousand paper cuts. And understanding that reality helps you plan better. 

So when you hear the phrase patent thicket, don’t think conspiracy or evil mastermind. Think strategy layered on complexity. Big companies do it because it works. It gives them leverage. It gives them protection. And in many cases, it gives them peace through cross licensing instead of constant litigation. 

So now the obvious follow up question is, okay, if big tech companies are doing this, what does that mean for everyone else? And the answer is, it depends on where you’re standing. If you’re a large company with a massive legal budget, a patent thicket is like a moat around a castle. It doesn’t make you invincible, but it makes it really annoying for anyone who wants to get close. If you’re a startup or solo inventor, though, that same moat can feel more like a wall you didn’t even see coming. 

One of the most important things to understand is that patent thickets are rarely about one clean lawsuit. Big companies don’t usually jump straight to court. Instead, the thicket creates leverage long before anyone files anything. It shows up in diligence meetings, licensing negotiations, and investment conversations. A potential partner might say, “We like your technology, but have you looked at Company X’s portfolio?” And suddenly your momentum slows because now you’re dealing with risk instead of opportunity. 

That’s also why thickets are so effective. They operate quietly. Most of the time, no one is yelling or threatening. The patents just sit there, doing their job by existing. And because patents are public, everyone can see them. That visibility alone influences behavior. 

Now, here’s something that surprises a lot of inventors. Patent thicketing isn’t just about keeping others out. It’s also about giving yourself freedom to operate. When you own a large portfolio, you’re less likely to be boxed in by someone else’s patent because you can negotiate your way out. You can trade rights. You can cross license. You can say, “Sure, you think we infringe one of yours, but you infringe five of ours.” That conversation changes the tone instantly. 

This is why you’ll often see big tech companies settle disputes quietly. It’s not because no one infringed. It’s because both sides have enough ammunition to make a fight expensive. A truce becomes the rational option. And patent thickets make truces easier to reach. 

Now, does this mean patent thicketing is unfair? That’s a harder question. From a policy perspective, some people argue that it raises barriers to entry and favors incumbents. Others argue that it reflects the reality of modern technology, where innovations are incremental and interconnected. One company doesn’t invent everything in isolation anymore. So overlapping patents are almost inevitable. 

But here’s the practical takeaway for inventors. Even if you can’t build a thicket, you can still think strategically. Filing one strong patent is good. Filing a family of related patents can be better. Protecting not just your core idea, but variations and improvements, gives you flexibility later. It gives you something to negotiate with if you ever need to. 

And this is where continuation applications come into play. Big companies use continuations all the time. They keep applications pending, adjust claim scope as the market evolves, and gradually fill in gaps. That’s one of the main tools used to grow a thicket over time. It’s not about filing everything on day one. It’s about staying engaged with the system. 

For smaller players, awareness is the real advantage. If you know you’re entering a thicketed area, you can plan around it. You can focus on differentiation. You can design around known patents. You can decide early whether licensing is part of the strategy. The worst move is pretending the thicket doesn’t exist and hoping for the best. 

Another thing worth mentioning is that patent thickets can sometimes collapse under their own weight. Not every patent in a thicket is strong. Some are narrow. Some may be invalid. Some might never be asserted. Over time, the perceived threat can be larger than the actual legal risk. But sorting that out takes resources, and that alone is a deterrent. 

So when you hear about patent thicketing, don’t think of it as a trick or a loophole. It’s really a reflection of how patents are used in competitive industries. Big tech companies do it because it aligns with long-term strategy. It protects investment. It creates bargaining power. And it reduces uncertainty, at least for them. 

For inventors and startups, the goal isn’t to copy that playbook exactly. The goal is to understand the terrain. Know when you’re walking into a dense forest. Know when the vines are thin and when they’re thick. And know that patents aren’t just about lawsuits. They’re about positioning. 

Once you start thinking about patents this way, a lot of things make more sense. Why companies file so many applications. Why they care about claim scope. Why they negotiate licenses even when no one has sued yet. Patent thicketing is part of that bigger picture. 

And if you’re ever unsure whether you’re stepping into a thicket, that’s a good time to talk to a patent attorney who’s seen a few forests before. Preferably someone who explains it in plain English and doesn’t hand you a machete and wish you luck. 

That’s it for today’s episode. I’m Adam Diament, and if you need help filing a patent application or other intellectual property, give me a call at 424-281-0162. Until next time, I’m Adam Diament, and keep on inventing!