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

質問

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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回答: 3 public & 1 非公開

Joseph zito
弁理士

Both of the previous answers are correct, from a technical prosecution point of view. However your question was, I believe directed to "have its IP secured" in order to "secure serious funding." Simply filing a provisional will protect you with a early filing date and is always a good idea. However, it will not help you secure serious funding. Investors want to see an issued patent so they can assess the extent of protection. You need to file a non-provisional as soon as possible and follow it up with Continuations-In-Part as you make changes/improvements. This will get the process started, as opposed to a provisional patent which is simply an idle place holder. In addition, you will want to use one of the many avenues for accelerated prosecution. This will unfortunately add cost, but will significantly shorten the often three to four year process of obtaining a patent. Momentum is important, the USPTO recognizes that and charges a premium.

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