Investor for IP - what should be our strategy?

Question

Our startup needs to file 2-3 patent applications for which we need funding. However, it seems like investors want to invest only in startup which already have the patents. What should we do?

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Answers: 3 public & 1 private

34479e6a58
Patent Attorney

Hi,

It isn't a guarantee that filing an application will result in a patent, but you could file under the Track I accelerated process which gets your application examined faster. The timing of the Track I isn't guaranteed either, but I have a startup client who did this, and we had the final OA within the first year v. waiting three years to receive the first OA.

For some reason, this option never seems to cross startup minds, but you can buy someone else's patent assets. A patent has property rights and can be sold, bought, leased etc. You could do a search and buy up any patents in your area. Doing a search is a good idea, because it reduces risk. You may learn about a patent that would prevent you from filing in the first place (before investing money and time).

Some startups do not know how comparably cheaper it is to get trademark protection compared to patents, and that may be attractive to investors (IP protection).

Hope this helps,
Mary

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