Question
For startups at the pre-funding or seed stage, what is the best strategy relating to patents and other IP. As a high-tech startup, having a patent for the developed technology would be key to acquire substantial funding in the first place, but IP protection is expensive to begin with. What approach do you usually recommend?
Answers: 5 public & 0 private
Good question and likely to be on the minds of many other start-ups’ founders. Where to spend your money first (especially when the funds are very limited) to gain the most IP protection, is a difficult issues. And, as with (almost) any business-legal hybrid issue, there is no single correct or simple answer.
Patents give the most protection and a nod from potential investors. But obtaining a patent usually means spending thousands of dollars (in attorney fees) on prosecuting a patent application or drafting crappy one yourself (that will be examined by the investors as well as competitors), which may lead to a narrow and/or ineffective protection of the invention.
So, in alternative or as supplement to the patent application, there are several other ways to protect your bread and butter. If your invention is embedded into a software (app ect.), file for copyright registration. Invest in a good brand and get trademark registration. Make sure you execute a solid non-disclosure agreement (NDA) with anyone who touches your tech. Solid outsourcing, consulting employment agreements that protect confidentiality and vest (or assign) the IP to you are key. When you do get an investor they will examine and evaluate your startup based on all these variables, and not only on your patent portfolio. Of course it helps when your tech is great…
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