LAST REVIEWED: SEPTEMBER 2026
By Dr Ritchie Lewis Daniel, Chartered Patent Attorney and European Patent Attorney
For a startup, patent decisions compete with product development, fundraising, recruitment and early commercial discussions. Filing can help, but a patent application is not a goal in itself. The useful question is: does seeking patent protection support something that matters to the business?
This guide covers the main points to think about: the technology, ownership, planned disclosures, available patent budget and the markets that matter to the business.
Why patents may matter
A granted patent can provide a defined right over a technical invention. Depending on the scope granted and the countries covered, it may allow a business to stop competitors using the claimed invention, support licensing discussions or demonstrate that important technology has been considered as part of the IP strategy.
Not every startup needs a large patent portfolio. A smaller number of carefully selected applications may be more closely aligned with the business than a wider filing programme. In other cases, trade secrets, registered designs, trade marks, copyright or contractual arrangements may also be relevant.
What may be patentable?
Patents concern technical inventions. Examples may include products, systems, manufacturing processes, control methods, technical improvements and, in some circumstances, computer-implemented inventions with relevant technical features.
The availability of useful protection requires a fact-specific assessment. For UK and European patents, the invention generally needs to be new and involve an inventive step, and the application needs to explain the invention adequately. Other requirements also apply. Commercial importance and patentability are separate questions: a technically interesting feature may not justify filing, while a commercially important feature may warrant early investigation.
See the RIDAN IP overview of patents as an intellectual property right and patent services for innovative businesses.
When to consider filing
Timing should be considered before uncontrolled public disclosure. Relevant events may include product launches, demonstrations, conference presentations, academic publications, marketing, crowdfunding, online repositories and discussions that are not subject to suitable confidentiality arrangements.
Filing very early has its own risks. The application needs enough technical detail, but the product may still change. In practice, timing is often a balance between filing before an important disclosure and waiting long enough to describe the invention properly.
Protect before disclosure
A startup should identify upcoming disclosures and decide what genuinely needs to be shared. Confidentiality agreements can be useful, but an agreement does not remove the need to manage what is disclosed, to whom and why.
Before an external discussion, decide if a patent application should be filed, how much detail needs to be shared and which implementation details should remain confidential. For university spin-outs, ownership and publication timetables may need attention at an early stage.
Linking patents to the business
A filing decision should begin with the business objective. Relevant questions may include:
- Which product, process or technical capability is commercially important?
- What could a competitor learn from the product or service?
- Would a competitor be likely to develop independently a similar approach?
- Could use of the protected feature be detected in practice in a competitor’s product or process?
- Which markets matter for sales, manufacture or licensing?
- How quickly might the technology change during development?
- Would patent publication disclose know-how that is better managed confidentially?
- What level of filing and prosecution activity is proportionate to the company’s plans and resources?
The answers may support a filing, a decision to gather more technical information, a trade secret approach, or no immediate application. A reasoned decision not to file can be as commercially useful as a decision to proceed.
Investment and due diligence
Investors may consider intellectual property as part of a wider assessment of the business. Patent applications can be relevant, but the surrounding records may matter too: who contributed to the invention, who owns the rights, what has been disclosed, which agreements apply and how the filing relates to the product plan.
A startup should avoid describing a pending application as though grant or commercially useful scope were certain. Clear records and measured explanations are generally more credible than broad claims about what an application will achieve.
International protection
Patent rights are territorial. A UK application does not automatically provide protection in other countries. International strategy should reflect realistic markets, manufacturing, competitors, partnerships and potential licensing activity.
A startup rarely needs to file everywhere. Focus first on the countries that matter for sales, manufacture, competitors or licensing, and review the plan as the commercial picture develops. The important deadlines still need to be identified and managed.
Ownership and inventors
Founders, employees, contractors, consultants, universities and partner organisations may contribute to technical development. The individuals who devised the relevant inventive concepts and the organisation entitled to the application are distinct questions.
Employment terms, consultancy agreements, assignments and collaboration arrangements should be reviewed rather than assumed. Correcting an uncertain ownership position later may be more difficult, particularly during investment or acquisition due diligence.
Working with a patent attorney
You do not need a polished legal description for a first discussion. Explain the product, the technical problem, how the proposed solution works, what the team thinks is new, known alternatives and any planned disclosure.
Technical diagrams, prototypes, test results and development histories can be useful once confidentiality and conflict checks are complete. The patent attorney can then help distinguish the potentially protectable concept from background detail and assess whether filing is proportionate.
Practical next steps
- Identify the relevant technical development. Record the problem, solution, alternatives and contributors.
- Map upcoming disclosures. Include launches, demonstrations, publications, investor discussions and external development work.
- Check ownership arrangements. Review employment, contractor, university and collaboration terms.
- Connect the technology to the business plan. Identify the products, markets and competitive position that may justify protection.
- Consider other forms of protection. Patents may form only one part of the overall intellectual property strategy.
- Review the position as the startup develops. New technical work or commercial evidence may change the preferred approach.
Frequently asked questions
Does every startup need a patent?
There is no general rule. The choice depends on the technology, how the business creates value, the risk of copying or independent development, how realistically secrecy can be maintained and what the protection needs to achieve.
Should a startup file before speaking to investors?
The answer depends on what will be disclosed and whether the discussion is genuinely confidential. The filing and disclosure strategy should be considered before the discussion rather than assumed afterwards.
Can a startup file before the product is finished?
A finished commercial product is not necessarily required, but the application needs an adequate technical disclosure. The filing date should reflect how clearly the invention can be described and how much further development is expected.
Can patents and trade secrets be used together?
Yes. A patent application may address a technical concept while genuinely separate implementation knowledge remains confidential. The boundary should be considered carefully so the application includes the information required to support the invention.
A commercially useful patent strategy
A startup patent strategy should not be judged by the number of applications filed. A better test is whether the filings protect technology that matters to the business, with disclosure and ownership dealt with early.
Review the strategy as the product, team, funding and target markets develop. A filing plan that made sense at an early stage may need to change as the business grows.
General information only. This article does not constitute legal advice. Patent decisions depend on the technology, planned disclosures, ownership, territories and the reason for seeking protection.