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Intellectual Property

Patent Strategy

A startup has one product, a modest budget, and a founder who keeps hearing that patents matter to investors. Patent strategy is deciding what to protect, when, and where, before money goes into filings that do not fit the business.

Reviewed

01 GUIDE

Patent Strategy: what usually happens

Deciding what is worth patenting

Start with what competitors would want to copy and what they could detect in a product they buy. Features that are visible or can be reverse engineered are natural patent candidates, while internal processes that stay behind your walls may be better protected as trade secrets. A patent also publishes how the invention works, which is a cost as well as a benefit. Strategy should follow the business plan: a company that intends to license its technology needs different coverage than one selling a single product in one market. Investors tend to look for filings that cover the core of the business rather than a high count.

Timing and geography

Filing dates carry enormous weight in patent practice. A provisional application can secure an early date at lower cost, but it only helps to the extent it describes what you later claim, and the nonprovisional application has to follow within a set period. Public disclosures, offers for sale, and demos before filing can bar protection in many countries even where the US grace period might help. Coverage abroad usually runs through national filings or the PCT route, which delays but does not avoid country-by-country costs. Gather the dates of any public talks, publications, or customer pilots.

Revisiting the plan

A strategy is revisited as products change. Continuation applications can keep claims open to track a competitor's design or a new feature, and maintenance decisions prune what no longer fits. Ownership needs attention from the beginning, with signed assignment agreements from founders, employees, and contractors. Budget belongs in the strategy as well: a patent keeps costing money long after it issues, so a smaller set of well-chosen filings often serves a young company better than a broad scattering. For an early-stage company, we look at your product, roadmap, budget, and disclosure history, and outline a filing plan you can adjust as the company grows.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about patent strategy and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.