Protect5 min read

Patent basics, and when not to bother

What a patent protects, what it costs, and why most early startups shouldn't spend money on one yet.

A patent gives you the right to stop others from using your invention for up to 20 years, in the countries where it's granted. In exchange, you publish how it works. It's powerful, slow and expensive.

What can be patented

  • A technical invention that is new (not public anywhere, including by you), inventive (not obvious to an expert) and industrially applicable.
  • Examples: a new device, a chemical process, a medical technology, a new kind of sensor.
  • Usually not: business ideas, most software as such, designs and plain methods of doing business. Rules differ between the US and Europe.

Don't publish first

In Europe and most countries, if you show the invention publicly before filing (a talk, a blog post, a pitch without NDA, a product launch), you can lose the right to patent it. The US has a one-year grace period, but relying on it is risky. If you might patent, file first or keep it secret.

Costs and timing

  • A national application costs from a few hundred euros in official fees, but a patent attorney's drafting often costs several thousand.
  • Taking it to many countries can cost tens of thousands over a few years.
  • Granting takes 2–5 years. You can file a first application and decide on other countries within 12 months (priority year).

When not to bother (yet)

  • Your advantage is speed, customers, brand or data rather than a technical invention.
  • You're building software or a marketplace.
  • You haven't validated that anyone wants the product.
  • You couldn't afford to enforce the patent against a copier anyway.

When it's worth it

  • Deep tech, hardware, medical, biotech or chemistry, where investors expect protected IP.
  • Your invention is easy to copy once seen and expensive to develop.
Book a first talk with a patent attorney before any public demo. Many IP offices also offer free first consultations or prior-art searches for small companies.
Read next
Next guideChoosing a company type

General information, not legal, tax or investment advice.

Patent basics, and when not to bother · Foundmates