How can we establish a good IP strategy in the early stages?

Question

When in the early phase of a startup venture all efforts of a small team of co-founders go into MVP development, marketing/metrics and fundraising, how can a sustainable and long-term efficient IP strategy be established from the beginning? In a tech venture, putting IP issues off is probably not a good idea, or is it sometimes necessary?

Answers: 2 public & 0 private

Steven weinrieb
Patent Attorney

If you really want to protect your IP, one way would be to file one or more provisional patent applications - the government fee is very reasonable, but try to ensure that your disclosure is as complete, accurate, and thorough as possible in view of the fact that your provisional application will serve as a basis for your later-filed non-provisional or PCT application, and for you to obtain the filing date priority of your provisional application, everything of importance that you want to protect by means of your non-provisional or PCT application must be present within the provisional application - if it is not, then you do not get the earlier priority filing date of the provisional application but only the actual date that you filed your non-provisional or PCT application.

B117f37da2
Engineer

Steven's answer is very good and detailed. I will add a few more tips:
Allocate some resources in time and money (ca. 5% of the current budget to begin with) to IP related questions. Write NDA agreements with all parties with which you discuss your business. Try to chart your innovations, e.g., with help of SWOT analysis and identify the areas of innovation that are essential for your products. If possible, ask for professional help, e.g., IP-consultants in the subject, to guide you through the process of early strategic IP-management. Use these identified essential innovations as a basis for discussion with the IP-professional and/or patent attorney to decide the way forward, e.g., which innovations should be protected by patent, design, copyright, trade secret, ... etc.. The result of the discussions can be used as a basis for budgeting and negotiation with the financiers.

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