Keep your concepts confidential
Patenting strategies for Startup – One of the most common pitfalls of startups is the failure to keep otherwise patentable concepts confidential until after applying for a patent. Even if you decide to launch your product first and file a patent application later, the timing is must be optimal since others could beat you to the Patent Office with a patent application for a similar concept.
Preferably, keep your concept confidential until your patent application is filed. This preserves your ability to file foreign patent applications and reduces the risk of someone else beating you to the Foreign Patent Office.
File at earliest
Another important patenting strategies for Startup is once you’ve decided to patent your product, don’t delay. It’s a race to the Patent Office under the first-to-file rule. Nobody cares about how long ago you came up with an idea. You need to secure an earlier patent filing date before others beat you to it.
Provisional patent applications can be helpful in securing earlier filing dates without spending too much money upfront. But, you’ll have only one year to convert your provisional applications to non-provisional applications.
Understand which types of IP are most important for your startup to protect
A proper understanding of basic IP rights will serve as a solid foundation for a smart IP strategy. We’re not talking about an expert level of knowledge, but a decent understanding of the differences between copyrights, trademarks and patents. Knowing what is protected by each IP right will prove to be intensely practical when you make decisions on which to pursue. Sometimes, knowing what an IP right cannot do is just as important as knowing what it can do.
Search trademarks before deciding product name
Before investing substantial resources and time into developing a brand, make sure it’s available first. Otherwise, you may be on the receiving end of a cease-and-desist letter which will require either litigation or a change in your trademark. Either way, it’ll be expensive and a huge hassle.
File a trademark application before launching product
You don’t have to wait until after the product launch to file a trademark application. An Intent-To-Use (ITU) may be filed before the trademark is used on any goods or services. Securing an earlier filing date provides significant advantages. Again, search the trademark database or have your IP attorney do it before applying for your desired trademark.
If your client has been selling product for quite some time under an unregistered mark, urge them to apply now. Otherwise, they risk the additional cost of opposing or canceling an earlier filing for a similar mark by a third party.