How can we launch quickly and secure IP at the same time?

Question

We are often told that a startup should have its IP secured before any serious funding can be secured. But applying for patents seems rather costly and time-consuming. As a technology startup, we are at the same time told that we should launch ASAP. Isn't this a contradiction? What measures should we take to balance a good legal position for our IP without harming our momentum too much?

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Answers: 3 public & 1 private

Steven weinrieb
Patent Attorney

One way in which you can begin to protect your IP, particularly patents, is to file one or more provisional patent applications. Provisional patent applications require significantly less cost to actually file, that is, for example, the US Patent Office, but the content of the provisional patent application has to effectively be as good as a non-provisional patent application because the provisional application will serve as a priority date basis for your later filed non-provisional or PCT application. So, if your invention disclosure is truly good in that it truly discloses your invention in a clear and complete manner, you will be OK and you can file that disclosure as your provisional application, even though it may not technically be in the proper patent application format. But this should really not matter because the provisional is simply filed to provide the priority basis for the later filed non-provisional or PCT application. The provisional application will never be examined and will never lead to a patent in and of itself. Plus, you have to remember to file your non-provisional or PCT application within one year from the filing date of your provisional application. On the other hand, if your disclosure is not a truly good and enabling disclosure truly disclosing all important aspects of your invention, then you probably need to have a patent application professionally drafted.

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