Three Most Important Things A Start-Up Should Do To Protect Their IP

For most start-ups their primary focus is on developing their technology and raising funds – sometimes protecting the intellectual property tends to fall to the wayside.  However, developing an IP strategy at an early stage can be essential to the future success of the company.  Major changes in U.S. patent law make developing an effective IP strategy even more important, lest the valu of the company be negatively impacted.  There are at least three steps an early stage company should consider taking:

1. Don't disclose

Many early stage companies make the mistake of disclosing their IP in the process of fund raising or market research to explore the viability of the technology.  In the U.S., companies have a one year grace period prior to filing a patent application during which disclosures will not jeopardize future patent rights. However, you are not afforded this same grace period in foreign countries and any disclosures will result in loss of foreign rights.