Startup Patent Planning That Builds Investor Confidence
Startups
You’ve developed new technology. Let us at Booth Albanesi Schroeder, PLLC, turn it into a valuable property. We will walk you through the patenting process, tailoring a plan to your specific strengths and needs – provisional, nonprovisional, U.S., international and foreign applications, timing of filing, prior art searches, and freedom to operate opinions. Your tech isn’t just what you do, it’s what you own – and what you can sell.
Patent Planning Builds Investor Confidence
For a startup company, a patent isn’t just to protect an idea. A defendable patent can be “the” asset of your company – the thing that procures investment and the linchpin of a future sale. It shows potential investors that you have a technical edge that separates you from competitors and a plan to keep it that way. We help startup founders think about a patent portfolio before the pitch deck, the launch, or the funding round.
Crunch Time
You’ve got a big pitch coming up? Is beta testing done with public launch around the corner? We can expedite the patent drafting and filing to beat your deadline. Often, a funding source will not sign a nondisclosure agreement – it’s too big of a risk for someone hearing pitches all day. So you need to get a patent application on file – this allows you to disclose the invention without creating a bar to getting a patent.
Filing a Patent Application Before “The Pitch” Changes the Conversation
Timing matters. Because the United States, and the world, uses a first-to-file system, it is critical to file early. And because a public disclosure – like that upcoming elevator pitch or that business deck you’re about to email – can bar getting a patent, you need to be sure your patent filing date beats your bar date.
Once you’ve got your application on file – pitch away. The application filing date prevents others from filing a “copycat” application after seeing your invention, frees you up to disclose the invention without fear of creating a bar to patentability, and eliminates the need for a nondisclosure agreement to protect the inventive aspects of the technology.
Provisional Patent Applications: Temporary Protection for Cheap
Early-stage companies rarely have unlimited budgets. Smart filing choices protect the most important technology. A provisional patent application can secure a priority date and allow you to delay filing a more expensive nonprovisional (regular) application for 12 months. That window can give you time to test the market, refine the product, prepare a stronger filing or secure funding.
Choosing a Patent Path
Not every startup needs the same filing plan. Some need utility patents for systems, methods, devices or software-linked technology. Others may need design patents to protect the look of a product.
We help clients stage filing decisions around business pressure points such as:
- Protecting core features before public launch or investor review
- Deferring lower-priority filings until cash flow improves
- Requesting Track One review when faster examination may support funding goals
- Coordinating foreign filing options when overseas markets justify the cost
This approach helps founders use limited funds where patent protection can matter most to product value and investor review.
Preparing IP Records for Due Diligence
Funding talks can move quickly. Investors will want proof of ownership of the intellectual property, lists of filings and outcomes, updated examination status, claim maps showing the technology is protected by the patent claims and confirmation that contractors signed the right documents. We will get you the information they want in the form they want.
Frequently Asked Questions
When should a startup hire a patent attorney?
A startup should speak with a patent attorney before pitching, launching or sharing the invention. Filing first reduces public disclosure risks, which can bar getting a patent.
How much does it cost to file a patent?
Costs include USPTO or PCT filing fees, attorney drafting fees, draftsman’s fees for drawings, and later prosecution work. It’s difficult to give an accurate figure without knowing what the invention is – an improvement to an earlier product, a field of use invention, software, chemical?
We do not countenance “surprise” billing. We do not nickel-and-dime you by charging for every email, update or forwarding documents. If a flat fee is a better arrangement, we will agree to a figure before we start.
What is the difference between a provisional and nonprovisional patent application?
A provisional application acts like a one-year placeholder. A nonprovisional application starts the formal USPTO review process and can lead to an issued patent. Many early-stage companies use the provisional route because it can delay expenses while the product, the market or the funding plans develop.
Who owns the invention?
Get your ownership ducks in a row. The default position is that the inventor owns his or her invention. A contract moves the ownership from the inventor to the company, whether the company buys the invention, hires an employee to invent, or uses independent contractors to invent. Do not try to figure this out after the invention has value – stop the fight before it begins.
Does the company own the invention or do the company founders? Consultants and contractors should sign agreements to assign all inventions before they are handed company work products. Employees should sign agreements to assign inventions. Nondisclosure agreements should be in place; trade secrets should be protected behind firewalls and by contract.