Choosing when to start the patent process is a critical decision for startups. Waiting too long can result in your patent rights being inadvertently forfeited, but filing too early can be a waste of precious capital that locks you into a timeline of costs that your company may not be prepared for.
The right time to file a patent application is ultimately based on a combination of business and legal factors, which unfortunately is why there is a lot of bad information out there when it comes to patents for startups. Admittedly, bad information sometimes even comes from well-meaning patent attorneys who don’t understand the unique needs and life cycle of startups and who instead plan patent protection in a legal vacuum that fails to account for the business impact of patents.
This post walks you through the legal and business considerations for when to start the patent process and how to make a patent plan for your unique business.