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ARTICLE · 18 SEPTEMBER 2026

How Startups Should View Patenting In 2H2026

Baker Botts L.L.P.
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While the US patenting environment has changed dramatically in the past two years, high-tech startups still need to pursue patents—but with a different focus. Here’s how and why.

United StatesIntellectual Property
Christopher J. Palermo
Christopher J. Palermo

While the US patenting environment has changed dramatically in the past two years, high-tech startups still need to pursue patents—but with a different focus. Here’s how and why.

Patents are being reframed today as strategic/financial assets, not just legal shields. IP teams are being pushed beyond pure legal protection into business strategy, combining patent, trademark, licensing and competitive intelligence data to identify valuable assets and make sharper decisions about innovation investment and capital allocation. Litigation data backs this up; patents that reach court tend to have stronger claim drafting, deeper specifications, larger families and more active continuation strategies, meaning portfolio quality matters more than filing volume. While many large enterprises have used this approach for decades, today, startups are adopting the same strategy to better convey value to investors and markets.

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