How to Protect Your Startup’s Big Idea: A Founder’s Guide to Patents
Launching a startup is thrilling — but failing to protect your invention can cost you everything. I’ve worked with dozens of founders who lost IP because they didn’t know where to start. Here’s a founder-friendly guide to getting your patent strategy right.
🔍 1. Do You Even Need a Patent?
Not every startup does. But here’s when you should file:
You’ve created a new product, process, or material
You’re preparing for fundraising or pitching investors
You want to license your technology or defend your edge
A patent isn't just protection — it’s a business asset investors will ask about.
🚩 2. Big Mistakes Startups Make
Here are 3 IP mistakes I see every month:
Talking too soon: Disclosing your idea without a patent or NDA = public domain risk.
Waiting too long: U.S. has a 12-month grace period, but many countries do not.
Skipping ownership cleanup: If you have co-founders, contractors, or lab partners — make sure assignments are signed early.
👉 Pro tip: File a provisional patent before your demo day or pitch.
🧠 3. Provisional vs Non-Provisional: What’s the Difference?
Provisional Patent Application:
Easy to file quickly
Lasts 12 months
Gives “patent pending” status
Not examined
Non-Provisional Application:
Officially examined
Starts the real patent process
Can lead to issued rights
Use the provisional to secure your priority date, then build out your full strategy.
💡 4. What Investors Want to See
Before investing, VCs and angels often ask:
Is it novel and valuable?
Is there a patent strategy in place?
Who owns the IP — the founder or the company?
Have a clean IP chain of title and a credible roadmap. I often work directly with founders to map out the “freedom to operate” and identify any red flags before diligence.
🛡️ 5. Don’t DIY Your Patent
I get it — early-stage founders are scrappy. But patents are legal documents. A vague or poorly drafted application can:
Get rejected
Be easy to design around
Or worse, be unenforceable
Working with a patent lawyer (especially one who understands startups and your tech) pays off in enforceability and value.
✅ Final Takeaway
Protecting your IP isn’t just about legal strategy — it’s a business growth move. Whether you’re in clean tech, biotech, consumer products, or AI, your invention deserves more than a back-of-the-napkin strategy.
👋 Want Help?
I’m Tina Dorr, PhD chemist + patent lawyer. I help startups like yours build investor-ready IP portfolios that actually work.
👉Schedule a free patent strategy session.
