Protecting Your Innovation: A Founder’s Guide

Introduction

Protecting your idea is one of the most important steps in turning it into a successful product. A good patent attorney brings essential legal expertise, but they may not fully grasp your business and product context. That’s why founders must take responsibility for the key strategic decisions that safeguard value.

As a product designer, startup founder, and angel investor, I’ve learned practical lessons from taking ideas through the patenting journey. My aim here is not to replace legal advice but to equip you with the insights needed to work more effectively with your attorney, protect your idea strategically, and avoid costly missteps. Every situation is unique and laws differ by region, so always seek professional guidance.

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Choosing the Right Protection

Before rushing into patents, it’s worth stepping back and asking: “What is truly unique about my product, and what’s the best way to protect it?” Patents are a powerful way to protect novel processes or technologies, but they aren’t always the only or best option. Understanding the types of protection available, where they apply, and their trade-offs is essential.

•  Patents protect new and inventive processes or technologies. They provide strong exclusive rights but require public disclosure, can be costly to obtain, and are often expensive to defend. Despite this, investors value patents highly for the defensibility and market position they provide.

•  Design registrations protect the visual appearance of your product, such as its shape, pattern, or configuration. They are cheaper and faster to secure than patents but are limited to aesthetics.

•  Trademarks protect your brand identity, including names, logos, and slogans. They are relatively inexpensive, can last indefinitely with renewal, and build recognition and trust with customers.

•  Copyright protects creative works such as software code, manuals, or marketing content. It is automatic and easy to enforce, though it does not cover ideas, methods, or product functions.

•  Trade secrets protect confidential information such as formulas, algorithms, or processes. They avoid disclosure and can last indefinitely, but protection is limited if a competitor independently develops or reverse engineers the idea.

The key is to match the protection method to the aspects of your product that drive value. Consider combining strategies for the strongest protection. A founder might patent core technology, register the product design, and trademark the brand, creating multiple layers of defence that make it harder for competitors to copy.

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Considering Patentability

Not every idea can or should be patented. Two key criteria determine patentability: novelty and inventiveness.

•  Novelty requires that your invention be new and not publicly disclosed anywhere in the world before your filing date. Searching patent databases, technical literature, and online sources can help test novelty, although no search is perfect. Even granted patents can be invalidated if new prior art emerges.

•  Inventiveness means your invention must not be obvious to a person “skilled in the art”. This refers to a professional in the field with domain knowledge but without inventive insight. Many founders undervalue their own ideas because the solution feels obvious to them. What seems self-evident to you may, in fact, be considered inventive.

Many valuable patents have started from ideas that founders initially dismissed. Engage an attorney early to avoid overlooking ideas that may, in fact, be protectable and valuable.

When to Patent

When it comes to patenting, timing is critical. File too early, before your technology or methods are clearly defined, and you risk a vague patent that does not properly protect the final product. Wait too long, and you risk losing priority if another party files first.

The ideal time to file is when your product’s feasibility, architecture, and technology are sufficiently defined and stable, but before it is fully implemented or released. At this point, your patent can reflect the final solution while still securing early protection.

What to Patent

Deciding what to patent is just as important as timing. Attorneys are experts in drafting claims, but they rely on clear technical input to capture the full scope of your innovation. Their time is costly, so it helps to prepare.

Your engineers should document how the product works, highlight core technologies, and outline alternative methods of achieving the same result. This clarity allows your attorney to draft claims that are both broad and accurate, covering current implementations and potential workarounds.

Strong patents emerge from close collaboration between technical teams and attorneys. As a founder, ensure you bring together experts with the right skills and a proven track record of working effectively as a team to capture and protect your innovation.

Where to Patent

Patents are territorial, which means you must decide in which regions to file. Broader coverage offers stronger protection but comes at higher cost. If budgets are limited, prioritise the markets most critical to your business by aligning your filings with your go-to-market plan. This approach will not eliminate competition in other regions, but it can make it significantly harder for rivals to operate on a global scale.

Conclusion

As founders, we cannot outsource the responsibility of protecting our ideas. We must take ownership of the strategic decisions that determine their long-term value.

The insights I have shared come from my own journey. They are not a substitute for legal advice but a guide to asking sharper questions, working more effectively with your engineers and attorney, and avoiding costly missteps. My hope is that with the right balance of legal expertise, technical skill, and founder insight, you will not only secure your rights but also strengthen your business and build a foundation for lasting success.

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If your idea is worth building, it’s worth protecting. At Ingenuity, we integrate IP protection into every stage of development and partner with specialists to ensure your innovation is safeguarded and market-ready.

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If you’re ready to protect and launch your next big idea, let’s talk.