How do I get Patent Protection for my Start-up Company?

Start-Ups & Patents

Starting a new company is an exciting and demanding venture. The excitement comes in engaging in something new with the potential for great success.

The demand on time and finances can, at times, overwhelm the excitement and stifle the drive that is needed to get a start-up off the ground.



Start-ups & Technology

In many instances, a start-up is built around a new technology or solution to a problem out there.

Protecting that tech or solution so that the start-up can have a fighting chance at competing out in the market should be high on the list of priorities.

The financial investment needed to provide immediate and full protection may be outside the budget of a fledgling start-up.


What Types Of Patents Are There
(And Which One Is Best For Start-Ups)?

One great option for a new company or venture is that of filing a Provisional patent application. Provisional applications are not well-known but offer distinct advantages to many who may be jumping into the startup waters.

This special type of filing provides a one-year reservation on a date which may be used for a full protection non-provisional patent.

The filing is simple; hand-sketches and descriptions, photos and notes all may be filed without too many formal requirements.

In some cases, the situation merits filing a provisional application prepared by a patent attorney to reduce the cost and time requirement in filing a non-provisional later on and to avoid potential issues that a do-it-yourself provisional may introduce.

While provisional filings are a very useful tool in many instances, filing a provisional patent application may not be the perfect fit in every situation.


There are several factors that one should consider before making the decision:

● Budget – initial costs within the first 12 months vs. total costs over the life of the patent

● Market Readiness – unknown market vs. known market ready for your invention

● Speed – R&D vs. first to market

● Infringement – possibility of infringers sooner vs. later

● Licensing – commercialization by inventor vs. licensor



How Do I Get Started?

If a provisional patent application is something you think might add value to your startup, the attorneys at Miller IP Law can help walk you through the pros and cons of provisional filing and put a strategy in place by scheduling one of their Free Strategy Sessions.

In a strategy session, we briefly discuss your business and what patent options would be best for you.

There is zero commitment.

We are just interested in educating you one what would be best, what options are available, and why we may or may not be the best people to help you with it.

Schedule Your Free Strategy Session

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