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Startups are often rush to file a patent while their products are still shaping. Pressure can be due to investors’ expectations or patent quickly claiming. But I have seen that many founders spent 000 20,000…, 000 30,000… to protect ideas that never reach the market.
Being selected is avoided by the capital drain. The filing may feel safe, but if the product projects change or shift to the market, you have closed the price with a low return.
After helping to protect the startup after the start of 25+ years, I have created a filter of five questions to make more and more strategic patent decisions.
Does this solve the technical problem with a technical solution?
Will the business make a difference in 2-20 years?
Can this product be basic and reusable in the product?
Does it offer more market differences than competitors?
What are the possibilities of issuing your application from the Patent Office?
This is the way to think about these five questions.
Related: The basics of protecting your intellectual property, explained
1. Is this innovation solving the technical problem with a technical solution?
To reduce the pushback from the Patent Office, your invention should solve the technical problem with a technical solution. Improving the system, product or services working methodology should be beyond abstract ideas or human centrality process.
If there are more benefits than its known solutions, for example, effective data processing, improved mechanical reliability or strengthening the structure of a component, you are likely to have solid ground. These differences affect how the product performs, not what it does.
On the contrary, innovations are commonly seen as business methods to handle human activity, solve business problems, or direct human efforts. The Patent Office applies a skeptical look to these innovations as a patent is unlikely.
Take this case: Your delivery drone gives more heat on long routes. You re -design motor housing to improve air flow and prevent failure. This is a solid technical solution to a real technical problem and potentially meets the first test for patent competence.
Next, ask what will be important over time.
2. Does this innovation still matter to our business in two to 20 years?
Patents do not win overnight. Most take two to three years – sometimes more time – in the grant. When someone is approved, will this idea still be related to your product and industry?
Many startups file early with a quick feeling, but products are manufactured, markets change, and preferences change. This modern feature users like today can be irrelevant next year.
That’s why I always ask: Does this idea support your long -term business goals? Can this be a part of your primary offer even if your roadmap changes?
If the answer is yes, the idea has to be seriously considered. If not, you may be better than stopping your own patent budget for the next major innovation.
Related: 3.6 million patents were filed in just 2023 – thus the most successful people were approved
3. Can this innovation be the core to be reused in multiple product lines?
Some of the strong patents I have seen are not tied to a single product. They solve a technical problem that is the basis of the platform under completely different product lines. Once released, the patent strengthens the company’s foundation.
I mean the “Foundation”. It may start in your primary product but later show in the mobile app, internal dashboard or enterprise version. The same basic capacity was repeatedly used again. If your team is looking for new ways to build on it, it is worth protecting it.
A good example of this is Desin’s digital motor technology. It started in vacuum cleaners, then blades lace fans, hand dryers and hair -powered tools. A patent family protected the basic capacity reused in various product lines, which is the fundamental for the company’s development.
If an innovation has such a measure, it is a strong patent candidate. Next, think about how it can benefit you in the market.
4. Will this innovation take us against rivals?
As the founder of the Startup, the most smart thing you can do is to study your competitors’ product strategy. What are they filing a patent on? Which products are they preferring? And more importantly, What spaces are they deprived of?
Filing in the soon -to -be -developed area can lead to a dynamic change of electricity. You can secure a patent covering a capacity that they will eventually need, and now you will know the path they are going. When the competition is heated, it opens the door to licensing debates, cross -licensing deals or defensive advantage.
Because in competitive markets, patents are not just legal protection. They are business tools. They develop options for contributions, taxes or pressures at the negotiating table.
However, even the best position ideas is not due to merit, but because of the fact that it goes down for the patent office. If your request is assigned to a technology area with a nearby zero allowance rate, your difficulties decrease rapidly.
That is why this last question is important before you file.
Related: 5 ways to improve your chances of getting a patent
5. What are the difficulties of success of this idea in the Patent Office?
Before filing, know how the idea is likely to be done at the Patent Office. This insight is now available before the draft of the same claim.
Modern Predow go tools Now we can predict which USPTO Art Unit will handle your request with just a rough idea.
These units vary largely in allowance rates, timelines and inspection behaviors. Knowing where your request is assigned you get a strategic edge.
This patent becomes the ultimate filter to identifyable innovations.
Prefer the ideas of the possibility of getting into favorable groups. Leave a heavy inspectors and produced prosecutors who rejected those rejected. Predictions tools can help you reinstate the direction of your claim, which is likely to be more favorable.
There can be no start to pursue time and budget burn patents.
I have a strong belief Great ideas get protection not only by being smart but also from every angle to stand for checking.
Looks like a true test. Engineers weigh the feasibility. Business teams assess the strategic value. The IP Council analyzed legal power. When all these points are aligned, there are strong decisions of the patent.
The aforementioned five questions are your common framework. Answers were answered, they help with time, cost and protection levels of protection.
Startups are often rush to file a patent while their products are still shaping. Pressure can be due to investors’ expectations or patent quickly claiming. But I have seen that many founders spent 000 20,000…, 000 30,000… to protect ideas that never reach the market.
Being selected is avoided by the capital drain. The filing may feel safe, but if the product projects change or shift to the market, you have closed the price with a low return.
After helping to protect the startup after the start of 25+ years, I have created a filter of five questions to make more and more strategic patent decisions.
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