Here are some key considerations that may be helpful.

Understand the Business & Market

  • Identify Core Innovations: What are the startup’s key technological differentiators?

  • Assess Competitive Landscape: Who are the main competitors? What patents do they hold?

  • Define Business Objectives: Is your goal to

    • attract investors
    • establish licensing revenue
    • block competitors
    • support an exit strategy

  • It is probably some combination of the above

Defensive & Offensive IP Strategy

Should you deploy a defensive or an offensive strategy?

  • Defensive Patents: Protect core technology from being patented by competitors

  • Offensive Patents: Develop patents that can be used for licensing or enforcement

Build an IP Portfolio Over Time

  • Single patents usually do not offer adequate protection

  • Start with a single patent, consider

    • File continuations keeping applications alive
    • Monitor Competitor Patents: Track industry trends and potential threats.
    • Consider Licensing or Cross-Licensing: If entering a crowded space, strategic licensing may help.

Geographic Filing Strategy

  • Consider filing in USA as it has most developed patent system

  • Use Patent Cooperation Treaty (PCT) system to expand geographically

Budget & Cost Management

  • Phase Filings: File core technology patents first

  • Leverage Accelerated Examinations in USA: “Issued Patent” versus “Pending Application”

  • Explore Funding: Grants and government programs may offset costs.

Due Diligence for Investors with Technology focus

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Due Diligence for Investors with Technology focus

Protect and Maximize Your Intellectual Property