JohnRoberts said:
In theory, but in practice, it comes down to deep pockets and who has the best lawyer. :
I think this always has been (within our lifetimes anyway) and likely always will be.
The prolific electronics writer Don Lancaster had some rants years (decades?) ago, that it's not worth getting a patent unless it's worth over $12 million or so, because you may need to spend that much defending it.
And it's certainly true that almost the exclusive entities who benefit from patents are large corporations. They amass portfolios of patents, largely so if a competitor tries to sue for infringing a competitor's patent, they can go through the competitor's products and find where the competitor is also infringing, then they can sign a cross-licensing agreement (they call it even), and neither has to be in the apparently hugely embarrassing situation (at least in corporate culture) of paying licensing fees to a competitor.
Patents are effectively corporate playing cards.
I learned all this while getting two patents in my name at a big, three-letter-domain-name company.
But patent laws sort-of changed two or three years ago, in some small attempt to fix the system and make things fairer to smaller companies and individuals who don't have lots of money to spend. There's something called a provisional patent application that's only a few hundred dollars, it gets published by the USPTO like a "real" application, but if you want to make it a real patent you have to file for the patent within a year of filing for the provisional. This helps to see if there's some "interest" in your invention before spending the money for a real patent. Another reason you want to do this is your patent claims date back to the original provisional filing. It's suggested you still do a patent search before filing a provisional. Doing it yourself sorta-counts, but not as much as paying a patent attorney a few grand to do it.
It's still gonna cost a lot of money.
I want to make an electronic keyboard that I think the market is "ready" for, but I've found three patents on it, and most recent, best written and most generally applying is by an employee of and assigned to A Pretty Powerful, Large Electronic company. I've gotten a little free advice from a patent attorney on how I could proceed, but if I manufacture this thing I'm sure I would need Expensive Advice.