For startups, innovation is everything. But what protects that innovation from being copied, stolen, or lost in a crowded marketplace? The answer lies in patents — a legal tool that not only protects your breakthrough but also positions your business for long-term success. Whether you're building the next great app, device, or platform, understanding how and when to file a patent can make or break your competitive edge.

Historically, a "patent" originated from the Latin "litterae patentes" (open letters), used by monarchs to grant rights and privileges. Those letters evolved into a government grant to an inventor, securing exclusive rights to make, use, and sell an invention for a limited time, a “patent.” The term “patent” has thus evolved to mean: a legal document granting an inventor exclusive rights to their invention for a limited time, typically 20 years. A patent grants the inventor a monopoly on “making, using, or selling” the invention without their permission. Specifically, 35 U.S. Code § 271 - Infringement of Patent, provides that “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.”

Companies and individuals have harnessed these patent rights as powerful underpinnings of successful and sustainable businesses. The Patent Act, specifically 35 U.S.C. § 101, outlines the requirements for patentable subject matter, including “new and useful processes, machines, manufactures, or compositions of matter.”

This societal “stratagem” and structure has been created to ensure that humans are motivated to innovate and to protect the investment of time and resources that allowed that innovation to happen. It helps ensure that the results of hard work solving problems is not simply copied by competitors without any of the costly expense of the research and development the innovator incurred.

So, patent your invention, protect your investment in research and development and maintain your place in the market!





An established patent portfolio is a highly regarded and valuable asset, and an indicator of legitimacy and sustainable profitability, and that you “know what you are doing.” The “exclusive” monopoly granted when a patent is granted allows for higher valuations, greater opportunities for licensing and partnerships, and investor attraction. Where competition in a particular space is limited, investors are often eager to avail themselves of the opportunity for growth. “Scalability,” that touchstone of success, is directly related to protected position in the market and is frequently dependent on available capital for continued research and development; which in turn leads to continued profits and renewed and extended market exclusivity. 

Google’s Story: A Patent That Changed Everything


Google®, which is no longer simply a company name, but also a verb, is a prime example of a startup turned trillion-dollar company, attributable to a patent. In its early days, Google was just another search engine competing with well-established players such as Yahoo, Netscape and AltaVista. However, in 1998, Stanford University filed for U.S. Patent No. 6,285,999, titled "Method for Node Ranking in a Linked Database," directed to the development of a groundbreaking algorithm known as PageRank. Larry Page, one of Google’s two founders, was listed as the inventor. Google licensed this patent from Stanford, giving it a significant competitive advantage over other search engines. The PageRank algorithm transformed Google into the most effective search engine, leading to explosive user adoption and increased advertising revenue.

The Google® patent was so valuable that it helped Google® secure early venture capital funding - a crucial element in its rapid expansion. In 2001, Google® extended its exclusive rights to the patent by renewing its licensing agreement with Stanford, further solidifying its competitive edge.

Ultimately, the success of Google’s PageRank patent played a critical role in Google's dominance in search, which later allowed it to expand into other areas like advertising (Google® Ads), mobile software (Android), and cloud computing (Google® Cloud). Today, Google® is a trillion-dollar company and household name, and its early reliance on patented technology exemplifies how intellectual property can be a pivotal asset for startup growth. Google now has over 50,000 patents.





Most people don’t know that there is a quid pro quo for a patent; the inventor is required to not only fully disclose the invention, but the inventor is also required to disclose what is believed to be the “best mode” to practice the patented invention. In exchange for that disclosure of an invention, we as a society grant the inventor the right to exclude others from making, using or selling their invention for 20 years.





To be eligible for a patent, the invention must be a process, machine, manufacture, or composition of matter, or an improvement thereof, that is “new,” “useful,” and “nonobvious” to a person of ordinary skill in the art. While this seems simple enough, it’s not. These seemingly simple elements of patentable subject matter have themselves evolved into a substantial body of law around the analysis of what is, and is not, patentable and what has or has not already been done.

Two of the fundamental elements, “known” or “obvious,” require comparison of the invention to what is already patented or in the public domain. Making this determination, otherwise referred to as “prior art” analysis, starts with a search of prior art, and then a comparison of that prior art against the “claims” of the invention. The “claims” are what actually define the monopoly, and in order for another device to infringe, it must include each element of the invention set forth in the claims, or an equivalent thereof in certain circumstances. If a claimed invention is found to be either already known or obvious, such a finding is a bar patentability. This is typically a very fact-specific inquiry.



How You Might Accidentally Lose Patent Rights


Imagine, you’ve spent weeks, months, years, of your life perfecting a novel, breakthrough technology and out of pure excitement, you disclose your hard work to friends, pitch it to investors, host presentations about your invention, or start selling your first small production run. You could have just unknowingly sabotaged your right to a patent by making your own invention “prior art” which can be cited against your patent application.



 The America Invents Act (AIA) was signed into law on September 16th, 2011, and became effective on March 16th, 2013. Amongst its provisions is a 1-year grace period, in which an inventor has the right to file an application for a patent providing it is less than one year from the date of public use, sale or disclosure.

What exactly does this mean for you, as an inventor? This means that as soon as you disclose, use, or begin selling your invention, the patent-eligibility clock has started ticking. You have a year from the earliest date any of the foregoing acts in order to preserve your right to a patent.



 Prior to the AIA, the U.S. Patent system was a first-to-invent system. This is no longer the case, and we are now a “first-to-file” jurisdiction, a change that dramatically impacts inventors.

The first-to-file system creates a “race to the Patent Office” and in simple terms, the first to file wins. So, if two people have invented the same invention, whoever files first wins, and the other party, who also invented, is out of luck and the invention is no longer yours to patent. Understandably, this is most likely to occur when a particular field is crowded with researchers and developers, and some well-established need is hurriedly being studied and innovated around.

Though it may seem unlikely that someone may file an application on your exact invention (it’s actually not that uncommon), this is not the only way you can be ousted of your right to a patent by another’s more timely application. Most notably, another applicant can also beat you out of a patent by filing an application that may be used as “prior art” against your invention, making your patent obvious in light of the prior filed application. An application filed that may indirectly resemble your invention, or touch ever so slightly on your method or apparatus, or even merely disclose your invention without making a claim to it, is all grounds for potential rejection.



- Provisional Applications to Preserve your Spot

: A provisional application is short-form application filed to preserve, for one year, your spot in line at the Patent Office, and it acts as the “first to file” filing. The requirements of a provisional application are substantially less than a non-provisional application. This means that it is both less costly to prepare and file, requires less time than a non-provisional application, but can still serve to establish the effective filing date of your invention It is important to remember that a provisional application only saves your place in line and creates a one year window, it is not a “patent application,” per se and the formal non-provisional application must be filed within that window. However, assuming no intervening filings that would create a “first to file” bar, you are still able to file after that date or even file another provisional “place holder.”



How Startups Can Build a Strong Patent Strategy


Developing a “streamlined” and cost-effective process for determining if an invention is patentable, and if so, filing provisional applications as a part of a process, can greatly increase your likelihood of “patent” success. Preliminary patent searches and provisional applications as a part of your research and development process will help establish priority dates and increase the likelihood that your efforts won’t be wasted. The earlier you file, the less “prior art” will be available to be used against you to deny your patent application.




Businesses that are scalable and set up for growth are inherently more valuable. Where international expansion is on the horizon, international protection has to be considered. International patent protection through the Patent Cooperation Treaty (PCT) and WIPO (World Intellectual Property Organization) can provide exclusivity in other countries outside of the United States.



3.	Stay Vigilant in Enforcing Your Rights


Unfortunately, enforcing your rights against third parties is a crucial part of the process. Why get a patent if you’re not going to enforce it? You must be diligent in understanding the work, products and services of your competitors. Conducting frequent searches and partnering with Intellectual Property attorneys and professionals can help to maintain and protect the rights you’ve been afforded.



4.	Include Intellectual Property Clauses in Agreements


When working with suppliers, vendors, manufacturers, and business partners, it should be standard practice to use Non-disclosure Agreements and to include clear IP clauses in agreements that ensure that you and your company own your IP. This ensures that your proprietary technology, trade secrets, and patents remain protected and yours. These clauses should define ownership rights, restrict unauthorized use or disclosure, and establish confidentiality obligations. Without proper protection, third parties could inadvertently (or intentionally) exploit your ideas, jeopardizing your competitive edge. Consulting with IP attorneys to draft strong agreements can help prevent disputes and ensure that your startup retains full control over its intellectual property.

Investing in your IP and a well-structured patent process and portfolio is not just a legal safeguard - it is a strategic necessity for long-term success. In an increasingly competitive marketplace, patents provide the critical advantage of exclusivity, allowing innovators to secure market share, attract investors, and enhance the overall valuation of their business. However, the benefits of patent protection are only realized when founders take proactive steps; timely searching for innovation, filing domestically and internationally where appropriate, and enforcing intellectual property protections.

By integrating patent strategy into your business model early on, you and your startup can turn innovation into long-term profit and assets, ensuring that your hard work and ingenuity are not only protected but also leveraged for future growth. In a world where innovation drives progress, safeguarding intellectual property is the key to sustainable success.

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Patent Law for Startups:  Why the Timely Investment in a Patent Portfolio is Crucial

Imagine using a trademark for years, only to discover that someone else has registered the same mark for similar goods. A quick call to your lawyer reveals that while the other user adopted the mark after you, they had the foresight to secure a federal trademark registration, which is now incontestable. Not only can you not stop them, but they can now prevent you from expanding your business.

, 403 F.2d 904 (7th Cir. 1968). Surprisingly, what we know as Burger King today was not the first Burger King. In 1959, the Hoot family opened a restaurant in Mattoon, Illinois and called it “Burger King.” They also filed for and were granted an Illinois state trademark registration. 

 began using Burger King, what we now know as Burger King began using that trademark and obtained a federal trademark registration. The Hoots sued Burger King in state court and Burger King responded with a federal case. The Court ruled that Burger King’s federal trademark registration afforded it rights to the name across the United States, including Illinois, but excluding the 20 miles of Mattoon, Illinois where the Hoots’ family had prior use.

In today’s competitive marketplace, protecting your brand is more than just a legal formality, it’s a crucial business decision. A strong name, logo, or slogan distinguishes your company, builds customer trust, and fuels long-term success. Sleep on those right at your peril.

While trademark registration may seem like an unnecessary expense initially, failing to register your trademark is an assumption of risk that can lead to you losing trademark rights and expose your brand to theft, costly legal disputes, and even loss of business identity. While a slightly different negative scenario, imagine dedicating years to building your brand, only to receive a cease-and-desist letter and discovering that someone else has superior rights and registered the trademark first. Without the appropriate steps upfront, you could face expensive rebranding, lost customers, and legal battles that drain your resources.

We’ve seen first-hand, both large and small businesses encounter significant issues and setbacks due to “unforced errors” resulting from a lack of diligence and neglect of trademark research and protection (have I done all I can to protect my brand?). Whether it’s failing to: i. research availability of your chosen mark prior to using it; ii. Registering it; or iii. Expanding protection as use of the brand grows. The risks and consequences can be significant. Anticipating future growth and securing comprehensive trademark protection is the best way to protect your brand and avoid unnecessary pitfalls.

1. Lack of Legal Ownership and Exclusive Rights

A common misconception is that use of a brand creates ownership. In fact, without both a search and trademark Registration, a use of a trademark is on uncertain ground and absolutely does not necessarily have any rights, let alone exclusive 

 While common law rights based on prior use in a geographic area offers some protection, they are temporarily and geographically restricted and subject to prior rights in others. In fact, without a federal registration, a business will struggle to enforce its brand rights beyond its actual geographic marketplace.

Nationwide Protection with Federal Registration:

 A federally registered trademark with the U.S. Patent and Trademark Office (USPTO) grants nationwide rights, making it easier to prevent others from using confusingly similar marks.

Without a federally registered trademark, businesses leave themselves vulnerable to theft, imitation, and dilution. Competitors, counterfeiters, or bad actors can easily adopt a similar or identical name, logo, or slogan, leading to consumer confusion and lost revenue, and in some cases, superior rights in the brand.

Trademark Squatting – Losing Control of Your Own Brand:

 Some entities exploit the system by filing for trademarks of established, but unregistered, brands, blocking the original business from using its own name.

Counterfeiting Issues – Damage to Reputation:

 Unauthorized third parties may produce knockoffs under your brand name, leading to inferior products, customer dissatisfaction, and a damaged reputation.

 Some enforcement regimens, for example Domain Name disputes, require you to have a federally registered trademark to contest use of an infringing or damaging domain.

Failing to file a trademark application can lead to expensive legal battles, especially if another business registers a similar brand first.

Cease-and-Desist Orders – Forced to Stop Using Your Brand:

 If another company secures a trademark registration first, they can legally demand that you stop using what you thought was your brand name. This can be true, even if you were the prior user, leaving you to protection only in the geographic area where you are the prior user.

 Changing your business name due to a trademark conflict can be financially and logistically overwhelming, requiring new marketing materials, website updates, and customer re-education.

Lawsuits and Legal Fees – Financial Burdens:

 Trademark disputes often result in litigation, which is both time-consuming and costly. Without a registered trademark, businesses are at a significant disadvantage in legal proceedings.

Without a registered trademark a business growing beyond its existing market will face challenges in each new market, market by market. Moreover, some expansion models, such as franchising and licensing, require federally registered trademarks. Similarly, potential partners and investors typically require registered trademarks as part of their agreements. 

5. Weakened Brand Value and Market Position

A registered trademark enhances a brand’s credibility and market strength, while the absence of an ® can weaken a company’s brand and suggest a lack of sophistication.

Loss of Consumer Confidence – Eroding Trust:

 Customers associate registered trademarks with credibility and commercial success.

Decreased Business Valuation – A Risky Investment:

 Intellectual property, including trademarks, is a key factor in business valuation. Without trademark protection, potential investors and buyers may perceive your brand as a higher-risk investment. In fact, to the extent the company’s value is its brand, that value is illusory unless the brand is protected.

Conclusion: Protect Your Brand Before It is Too Late or Risk the Consequences

Market limitations and business devaluation

A federally registered trademark ensures:

Don’t wait until it’s too late—take the necessary steps to protect your brand today. If you’re unsure about the process or need assistance with your trademarks, contact 

 to ensure your intellectual property is protected.

The Risks of Not Filing a Trademark Application: Don't Get Blocked

After nearly a year of on again, off again enforcement of the Corporate Transparency Act (“CTA”), we finally have some much-needed clarity. In a surprising and significant policy shift, the Financial Crimes Enforcement Network (FinCEN) has issued an interim final rule that dramatically alters the scope of the CTA. In short: BOI reporting is now RIP—for U.S. companies, that is.

Effective March 21, 2025, U.S. companies and U.S. persons will no longer be required to report beneficial ownership information (BOI). The interim final rule redefines “reporting company” to include 

 that are registered to do business in the United States. This means all domestic entities are officially off the hook for BOI reporting obligations under the CTA.

Enacted in 2021, the Corporate Transparency Act was intended to combat financial crimes by requiring companies to disclose their beneficial owners to FinCEN. The idea was to prevent bad actors from using shell companies to hide illicit activity. However, the CTA faced a rocky rollout, with multiple delays triggered by legal challenges and widespread concern—especially from small business advocates—about the reporting burden.

Key Takeaways from the Interim Final Rule

: Only foreign entities registered to do business in the U.S. are now considered “reporting companies.”

: Domestic companies are fully exempt from BOI reporting requirements.

: Foreign reporting companies are also not required to report U.S.-based beneficial owners.

New Deadlines for Foreign Reporting Companies

Foreign entities that now fall under the updated definition and 

 of the interim final rule’s publication date.

: Entities registering on or after the publication date have 

 from the effective registration date to file their initial BOI report.

These deadlines are intended to offer foreign reporting companies sufficient time to adjust to the new requirements.

While this shift provides welcome relief for U.S. businesses, the situation remains fluid. Additional changes or clarifications may still come. Businesses—especially those with international ties—should continue monitoring developments, and we’ll keep you updated as new information becomes available.

R.I.P BOIR for U.S. Companies - Major Shift in Corporate Transparency Act

What’s Changing?

A Quick Recap: What Is the CTA?

Key Takeaways from the Interim Final Rule

New Deadlines for Foreign Reporting Companies

What’s Next?