Key questions for start-up companies are when and how should the company get a patent. A patent is a legal document that gives the holder the right to prevent others from making, using, or selling an invention for a limited period. Obtaining a patent can provide a company with a competitive advantage by protecting its intellectual property from competitors. However, the process of obtaining a patent can be time-consuming and expensive, so companies should carefully consider whether to apply for one.

When should a company obtain a patent?

A company should consider obtaining a patent if it has developed a novel and non-obvious invention that is likely to be valuable and could be copied by competitors. This could include a new product, a new process, or a new technology. In general, a company should seek to patent an invention as soon as possible after it is developed, as any public disclosure of the invention prior to filing a patent application may prevent the company from obtaining a patent.

How should a company obtain a patent?

The process of obtaining a patent can be complex, and companies may wish to consult with a patent attorney to guide them through the process. The steps involved in obtaining a patent typically include:

1. Conducting a patentability search: Before applying for a patent, a company should conduct a patentability search to determine if there are any existing patents or patent applications that cover similar inventions. This can help the company determine whether its invention is likely to be patentable and whether there may be any potential obstacles to obtaining a patent.
2. Drafting a patent application: Once the company has determined that its invention is likely to be patentable, it will need to draft a patent application that meets the legal requirements for patentability. This typically involves providing a detailed description of the invention, including how it works and how it is different from existing technology, as well as any claims that define the scope of the invention.
3. Filing the patent application: The patent application is filed with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO). The application will be examined by a patent examiner to determine if it meets the legal requirements for patentability.
4. Responding to office actions: The patent examiner may issue office actions, which are formal communications that identify any issues or concerns with the patent application. The company will need to respond to these office actions and may need to make changes to the application to address any issues.
5. Obtaining a patent: If the patent examiner determines that the application meets the legal requirements for patentability, the company will be issued a patent. The patent will give the company the right to prevent others from making, using, or selling the invention for a limited period, typically 20 years from the filing date of the application.

Conclusion

Obtaining a patent can provide a company with a competitive advantage by protecting its intellectual property from competitors. However, the process of obtaining a patent can be time-consuming and expensive, so companies should carefully consider whether to apply for one. If a company has developed a novel and non-obvious invention that is likely to be valuable and could be copied by competitors, it should consider seeking a patent as soon as possible after the invention is developed. We can help your company determine the best path forward regarding protecting your intellectual property, and then you may wish to engage a patent attorney to guide you through the process of obtaining a patent.