The Top 5 Patent Mistakes that Start-Ups Make and How to Avoid Them

As a patent attorney working with dozens of startups across biotech, consumer products, and engineering, I’ve seen firsthand how early missteps can derail an otherwise brilliant idea. Here are the top 5 patent mistakes startups make—and what you can do differently.

1. Waiting Too Long to File

Many founders wait until after fundraising or product launch to think about patents. But if your invention is disclosed publicly—on your website, in a pitch deck, or at a trade show—you may lose the ability to patent it globally. U.S. law gives a one-year grace period, but many other countries require absolute novelty.

What to do instead: Talk to a patent attorney early. Even a provisional application can preserve your rights and buy you time.

2. Overestimating What’s Patentable

Not everything innovative is patentable. Many startups file patents that are too abstract, too broad, or too vague, especially in software and AI. Others overlook whether the invention is actually new.

What to do instead: Get a patentability search to understand prior art and tailor your application. And work with someone who knows how to write claims that stick.

3. Under-Protecting the Core

Startups often spread their IP budget across multiple features or file too narrow of a claim set, leaving their true value exposed. Worse, they may rely only on a provisional and never follow up.

What to do instead: Prioritize the core innovation—the part that creates your moat—and build around that. File continuations or divisionals later as your product evolves.

4. Ignoring Competitor Patents

Patent infringement can be a silent killer. Startups often fail to conduct a freedom-to-operate (FTO) analysis and accidentally step into someone else’s claims.

What to do instead: Run an FTO review before product launch or fundraising to assess risk—and identify licensing or design-around options early.

5. Not Aligning Patents with Business Goals

Patents are tools, not trophies. I see startups file applications that don’t match their funding pitch, brand identity, or go-to-market plan.

What to do instead: Make IP strategy part of your business strategy. Ask: Will this patent increase valuation, block competitors, or support your unique value prop?

Final Takeaway:

Startups don’t get many chances to get patents right. The good news? With the right strategy—and a patent attorney who gets what it means to build a company—you can protect your innovation, impress investors, and grow with confidence.

Want to talk IP strategy for your startup? Contact me to set up a free intro call.

“Pitch decks impress investors. Patents scare competitors.”