Startups can live or die on the strength of their intellectual property protections. Patents, in particular, can be a major asset or a deep vulnerability if neglected. This article will help you figure out when and how to file your patent application by explaining:
- The right time to file your patent application and the steps required to do so.
- The benefits of filing a patent, including internationally.
- How a patent attorney will help you throughout the patent application process.
When Should A Startup File A Patent?
Filing a patent is a multistage process, and starting early is key to being prepared when you’re ready to file. Here’s a breakdown of the process and when to consider each step:
Conducting A Patentability Search
Before filing, it’s essential to verify that your invention is both novel and patentable. A patentability search will help confirm this and ensure your investment in the patent process is worthwhile.
Deciding Between A Provisional And Non-Provisional Application
Once you’ve confirmed patentability, the next step is to choose between filing a provisional or non-provisional application, depending on the development stage of your invention.
Non-Provisional Application
If your invention is fully developed, tested, and funded, you’re ready to file a non-provisional application, which starts the formal examination process at the United States Patent and Trademark Office (USPTO).
Provisional Application
If you’re still refining your invention, plan to make improvements, or need investor support to fund the non-provisional application, a provisional application is a good starting point. A provisional application doesn’t get examined but holds your place in line at the USPTO and gives you 12 months to develop the invention further and secure funding.
Converting To A Non-Provisional Patent
Within 12 months of filing a provisional application, you’ll need to convert it to a non-provisional patent to begin the examination process at the USPTO. If you bypass the provisional stage, your non-provisional application will go directly to examination.
Starting early with a patentability search and choosing the right type of application ensures your startup’s invention is protected and ready for the next stages of development and funding.
How Can A Patent Help My Startup Attract Investors?
A patent can be a valuable asset for your startup, especially if your invention has strong market potential, like software. For instance, a software patent is particularly appealing to companies in the tech space, as it can provide a competitive edge by protecting unique technology.
Owning a patent allows your company to develop more proprietary products or, if you prefer, to license the patent to generate revenue. (Venture capitalists often view patents as valuable assets, as they can signal innovation and provide a clear advantage in the market.)
Whether your patent enables you to be the only provider of a specific technology or allows you to profit from others using it, it can be a powerful tool for attracting investors and positioning your startup for success.
How Can I Protect My Startup’s Invention During The Patent Application Process?
Once you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention receives “Patent Pending” status, which grants you provisional rights over the invention from the filing date. This status allows you to safely share your invention with potential investors or partners, knowing that any unauthorized copying or use of the invention can have legal consequences.
Should My Startup Consider International Patent Protection?
International patent protection can be valuable, especially if your invention has strong market potential abroad. Products like electronics and software often perform well in global markets. To protect your invention internationally, consider filing an international application within one year of your U.S. filing. This allows you to seek patent protection in other countries or regions where your invention may hold significant value.
How Can An IP Attorney From Stanzione & Associates Assist My Company Through The Patent Application Process?
At our firm, we partner with you from the very beginning of your invention process, ensuring you have a clear path to protect your innovation. We provide guidance at every step, advising on when to conduct a patentability search to assess your invention’s uniqueness and when to file provisional applications to establish an early filing date. As your invention develops, we work with you on the best time to transition to a non-provisional application, which starts the official examination phase for a full patent.
Once your application reaches examination, our office’s location, just 15 minutes from the U.S. Patent and Trademark Office, allows us to meet directly with examiners if there are any rejections. By addressing concerns in person, we work to overcome issues swiftly and increase your chances of approval, minimizing delays that can be costly for your business.
With our extensive experience as both former USPTO examiners and attorneys for startups, we know what it takes to achieve effective patent protection for your innovations. Choosing a patent attorney with deep insights into the examination process and a commitment to your company’s success can make all the difference in securing your invention’s future. Let us help you navigate the patent process confidently and strategically.
Ready To Start The Patent Application Process For Your Invention?
For more information on Patent Law In The U.S., an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 349-1124 today.
