PUBLISHED 6 SEPTEMBER 2026
By Dr Ritchie Lewis Daniel, Chartered Patent Attorney and European Patent Attorney
For a startup, patent decisions often arise alongside product development, fundraising, recruitment and early commercial discussions. A patent application may support the business, but filing is not an objective in itself. The useful question is whether a particular application is likely to support the company’s commercial plans.
This guide outlines practical considerations for startups. The appropriate approach will depend on the technology, ownership position, planned disclosures, available resources and the markets that matter to the business.
Why patents may matter to startups
A patent can provide a defined right relating to a technical invention. Depending on the scope eventually granted and the countries covered, that right may help a business address competing use of the claimed invention, support licensing discussions or demonstrate that the company has considered protection for relevant technology.
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 suitable for patent protection?
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.
Whether useful protection may be available requires a fact-specific assessment. The invention ordinarily needs to be new and inventive, and the application needs to explain the invention adequately. Commercial importance and patentability are related but 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 should a startup 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 can also create practical constraints. The application should describe the invention sufficiently, and the technology may continue to develop after filing. The preferred timing is therefore often a balance between preserving options before disclosure and allowing enough technical development to prepare a meaningful application.
Protecting an invention before disclosure
A startup should identify upcoming disclosures and decide what genuinely needs to be shared. Confidentiality agreements may be useful in appropriate circumstances, but an agreement does not remove the need to manage the content, recipients and purpose of the disclosure.
Before an external discussion, consider whether a patent application should be filed, whether the discussion can remain at a higher level, and whether particular implementation details should remain confidential. For university spin-outs, ownership and publication timetables may need attention at an early stage.
Aligning patent decisions with commercial objectives
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 understand from the product or service?
- Would a competitor be likely to develop a similar approach independently?
- Which markets, manufacturing locations or licensing opportunities matter?
- How might the technology change during the next development stages?
- 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.
Patents, 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.
Planning 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.
Startups do not necessarily need to pursue every available country. Filing decisions can be reviewed as commercial evidence develops, but relevant deadlines need to be identified and managed. The objective is a proportionate territorial strategy rather than the largest possible list of filings.
Ownership and inventor information
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 effectively with a patent attorney
A useful first discussion does not require a polished legal description. The first discussion should explain the product, the technical problem, how the proposed solution works, what is new from the team’s perspective, known alternatives, planned disclosures and the commercial objective.
Technical diagrams, prototypes, test results and development histories may assist once appropriate confidentiality and conflict checks are in place. The patent attorney can then help distinguish the potentially protectable concept from background detail and consider 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?
No general rule applies. The answer depends on the technology, the way the business creates value, the likelihood of copying or independent development, the ability to maintain secrecy and the commercial purpose of protection.
Should a startup file before speaking to investors?
The position depends on what will be disclosed and whether suitable confidentiality arrangements apply. 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 appropriate timing depends on how clearly the invention can be described and what further development is expected.
Can patents and trade secrets be used together?
Potentially. 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.
Conclusion
Good patent practice for a startup is not measured by application numbers alone. The stronger approach is to identify commercially relevant technology, consider disclosure and ownership early, and make filing decisions that remain connected to the business plan.
Patent strategy should be reviewed as the product, team, funding position and target markets develop. The objective is an informed and proportionate approach that supports the company’s wider plans.
General information only. This article does not constitute legal advice. Patent decisions depend on the relevant technology, disclosures, ownership arrangements, territories and commercial objectives.