Patent, utility model, design, trade mark and trade secret. What each one protects, what it costs in 2026 and when each is the right choice. In 60% of cases, patenting is not the best route — and choosing badly at the start is paid for in wasted fees and products with no real protection.
Protection is not an expense. It is the most profitable intangible asset an industrial SME can have. Without protection, an innovation is worth exactly what it costs to copy.
In 2026, copying an industrial product is easier than it has ever been. Rapid prototyping through 3D printing and affordable CNC, reverse engineering through 3D scanning, open global supply chains, Asian platforms that will make whatever you send them. A competitor with the will and average resources can reach a functional copy of your product within months if you have not protected what makes your solution different.
Without protection there is no defensible business value. This shows up clearly at two critical moments. First, in a funding round: the first questions in any technical due diligence are which patents you hold, in which countries, who signed them and how much life they have left. Without clear answers, the valuation drops significantly. Second, in an M&A transaction: the buyer is not paying for the product you sell today, they are paying for the barrier to entry that protects it over the coming years. With no barrier, there is no acquisition premium.
The underlying economic argument is asymmetry. Registering an industrial property right costs between a few hundred and a few thousand euros. Defending against infringement without having registered in time is impossible; defending it with the right costs orders of magnitude more, and takes years. That asymmetry means the sums come out in favour of protecting almost every time, even on projects where you doubt it is worth it.
The reference case shown on the map of five routes — Cosentino, with 30 active patent families, 88 registered designs and a dense trade mark portfolio — is not an extravagant exception. It is the pattern of any Spanish industrial SME that has managed to scale internationally and hold share against global competitors. The protection was not built after commercial success: it was built at the same time as the product.
These three questions suggest which combination of routes makes most sense in your case. The final decision always needs a qualified industrial property attorney.
This tool gives you a steer. For a real decision, check with a qualified industrial property attorney.