Startups operate in a fast-paced, competitive, and resource-constrained environment. Faced with challenges such as budget constraints, tight schedules, and pressure to prove value, proper management of intellectual property—and patents in particular—can be a crucial strategic advantage. A smart patent strategy is not just legal protection – it is a tool for growth, attracting investment, and differentiation in the market.
Here are some principles for creating an optimal patent strategy for startups:
1. Start with a Provisional Application: At an early stage, when the product or technology is still in development, a request Provisional allows you to retain a priority date at a relatively low cost and without having to meet all the formal requirements of a full application. It is an effective way to buy up to 12 months of time, during which you can expand development, test market interest, and prepare for filing a PCT or national phase application in one or more countries.
tip: Be sure to include as many technical details as possible – the provisional request is somewhat flexible, but it should support the future submission.
2. Prioritizing core innovation: Startups do not have the privilege of protecting every idea. Therefore, at least in the initial stages, it is important to focus investment on the core innovation that differentiates the venture and provides a clear technological advantage. This could be a unique algorithm, an innovative manufacturing process, or a smart integration of existing components.
tip: Ask yourself: What "junctions" will my competitors have to go through? What technologies are at the heart of the business value?
3. Use PCT to defer costs: The Patent Cooperation Treaty (PCT) Provides a uniform path to filing an international application, and allows for a deferral of the decision in which countries to file national applications for up to 30–31 months from the date of filing. This deferral is critical for startups – it allows time to prove programming, raise investment, and explore relevant markets.
tip: Although the PCT defers costs, one must take into account the filing, search, and examination fees – which can be significant.
4. Open a multi-layered patent portfolio: Instead of settling for one general patent, create a portfolio of complementary patents, each protecting a different component of the system – for example, the algorithm, the interface, the physical mechanism, or a unique combination of processes. This approach creates layers of protection, so that even if a competitor manages to circumvent a particular patent, other parts of the system are still protected.
Key benefits:
- Difficulty copying or developing a "workaround"
- Good infrastructure for future technological licensing
- Strengthening your bargaining position with investors and potential buyers
tip: It is important to plan the portfolio in advance – not as a one-time submission, but as an ongoing process that accompanies the development of the product and the company.
5. Submit follow-up requests as part of an ongoing strategy:Continue requests (Continuation Applications) They are a key tool for building a high-quality, smart and dynamic patent portfolio. Such an application is filed based on an existing application (usually American), and preserves the Premiere date of that application, focusing on additional aspects of the invention as long as these were described in the description of the parent application.
🧩 Why is this important for startups?
✔️ Commercial leverage: Follow-up requests can serve a licensing strategy, increase competitor deterrence, or strengthen a negotiating position.
✔️ Cost savings: There is no need to rewrite the entire request – the content already exists, so submission is often cheaper and faster.
✔️ Maintaining flexibility: The company can keep an open request and exercise additional rights as the product progresses.
✔️ Expanding protection: Alternative or targeted claims can be filed, depending on feedback from the market or investors.
tip: A continuation application can be filed until the patent has been granted. That is, a continuation application can be filed as long as the application is under examination and even after receiving notification that the application has passed the examination successfully. However, once the fee has been paid and the patent has been finally granted, it will not be possible to file a continuation application.
