What are the first steps to take toward protecting intellectual property surrounding a startup idea?

Question

Is it worth it to apply for patents and/or copyrights even before presenting a business plan, or is it better to simply move faster than potential copycats by forging ahead with launching the startup?

Answers: 2 public & 0 private

41b69655d9
IP Consultant

My understanding is you should file a (provisional) patent application before you disclose the invention to the public else you cannot file a patent post disclosure -- unless you have everyone you disclose the idea to to sign a confidentiality agreement. Note...I am not a lawyer.

Laf
Patent Agent

Disclosure is your enemy, this is (almost globally, but each country has it's own rules) the public use, offer for sale or publication of the invention. Publication includes (again, almost globally although it varies by jurisdiction) the printed/electronic/internet divulgation of the invention, i.e. includes a business plan presented to people who don't have a Non-Disclosure agreement signed with you (And yes, most money guys don't sign NDAs from people they have not profited from).

Something to consider, is filing a provisional patent APPLICATION (PPA), which gives you a year in which to disclose your invention without breaking disclosure. PPAs are available in the US to all (including those who've never been here, or plan to be here, or do business here), and may later be used as priority date documents in say, a British (or EPO) patent application that never makes it to the US.

BTW, moving faster is better, moving fast AND having IP protection taken care of? The best...

Good luck,

Luis

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