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Startups often rush to file patents while their product is still taking shape. The pressure can come from investor expectations or the instinct to claim a patent early. But I’ve seen too many founders spend $20,000 … $30,000 … protecting ideas that never reach the market.
Being selective avoids that capital drain. A rushed filing may feel safe, but if product plans change or the market shifts, you’ve locked in a cost with little return.
After 25+ years of helping startups protect what matters, I’ve developed a five-question filter to make smarter, more strategic patent decisions:
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Does it solve a technical problem with a technical solution?
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Will it still matter to the business in 2-20 years?
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Can it become foundational and reusable across products?
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Does it offer market differentiators over competitors?
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What are its chances of getting your application issued from the patent office?
Here’s how to think through these five questions.
Related: The Basics of Protecting Your Intellectual Property, Explained
1. Is this innovation solving a technical problem with a technical solution?
To ease pushback from the patent office, your invention should solve a technical problem with a technical solution. It must go beyond abstract ideas or human-centered processes to improve how a system, product or service functions.
If it has advantages over known solutions, for example, efficient data processing, improved mechanical reliability or strengthening a component’s structure, you’re likely on solid ground. These differences affect how a product performs, not just what it does.
In contrast, innovations focused on managing human activity, solving business problems or directing human effort are typically seen as business methods. The patent office applies a skeptical eye on these innovations such that a patent is unlikely.
Take this case: Your delivery drone overheats on long routes. You redesign the motor housing to improve airflow and prevent failure. That’s a concrete technical solution to a real technical problem and likely meets the first test for patent eligibility.
Next, ask if it will still matter over time.
2. Will this innovation still matter to our Business in two to 20 years from now?
Patents aren’t overnight wins; most take two to three years — sometimes longer — to grant. By the time one is approved, will the idea still be relevant to your products and the industry?
Many startups file early with a sense of urgency, but products evolve, markets shift, and priorities change. That innovative feature users love today may be irrelevant next year.
That’s why I always ask: Does this idea support your long-term business goals? Could it remain part of your core offering even if your roadmap changes?
If the answer is yes, the idea is worth serious consideration. If not, you may be better off holding back your patent budget for the next big innovation.
Related: 3.6 Million Patents Were Filed in 2023 Alone — This Is How the Most Successful Ones Got Approved
3. Could this innovation become foundational to be reused across multiple product lines?
Some of the strongest patents I’ve seen aren’t tied to a single product. They solve a technical problem that is foundational to the platform underlying entirely different product lines. Once issued, the patent strengthens the company’s foundation.
That’s what I mean by “foundational.” Maybe it starts in your core product but later shows up in a mobile app, internal dashboard or enterprise version. Same core capability reused again and again. If your team keeps finding new ways to build on it, it’s likely worth protecting.
A good example is Dyson’s digital motor technology. It started in vacuum cleaners, then powered bladeless fans, hand dryers and hair tools. One patent family protected a core capability reused across distinct product lines, making it fundamental to the company’s growth.
If an innovation has that kind of scale, it’s a strong patent candidate. Next, think about how it might give you leverage in the market.
4. Would this innovation give us leverage against competitors?
One of the smartest things you can do as a startup founder is study your competitors’ product strategy. What are they filing patents upon? What products are they prioritizing? And more importantly, what gaps are they missing?
Filing into a soon-to-be-developed area can shift the power dynamic. You could secure a patent covering a capability they’ll eventually need, and now you know the path they are pursuing. That opens the door to licensing discussions, cross-licensing deals or defensive leverage when the competition heats up.
Because in competitive markets, patents aren’t just legal protections. They’re business tools. They create options for partnerships, revenue or pressure at the negotiating table.
However, even the best-positioned idea can fail not because of merit but because of where it lands in the patent office for examination. Your odds drop sharply if your application is assigned to a technology area with a near-zero allowance rate.
That’s why this final question matters before you file.
Related: 5 Ways to Improve Your Chances of Getting Patents
5. What are the odds of success for this idea at the patent office?
Before you file, know how the idea is likely to perform at the patent office. That insight is now available long before a single claim is drafted.
Modern predictor tools can now predict which USPTO art unit will handle your application with just a rough idea.
These units vary widely in allowance rates, timelines and examiner behavior. Knowing where your application is likely to be assigned gives you a strategic edge.
This becomes the final filter in identifying patent-worthy innovations.
Prioritize ideas likely to land in favorable groups. Drop the ones facing rejection-heavy examiners and drawn-out prosecution. Predictor tools can help you refocus your claim direction in one that is likely to see more favorable consideration.
No startup can afford to chase patents that burn time and budget.
I strongly believe great ideas earn protection not just by being smart but by standing up to scrutiny from every angle.
That’s what true vetting looks like. Engineers weigh feasibility. Business teams assess strategic value. IP counsel analyzes legal strength. When all these perspectives align, strong patent decisions emerge.
The five questions above are your shared framework. Answered across disciplines, they help surface innovations worth the time, cost and protection.
Startups often rush to file patents while their product is still taking shape. The pressure can come from investor expectations or the instinct to claim a patent early. But I’ve seen too many founders spend $20,000 … $30,000 … protecting ideas that never reach the market.
Being selective avoids that capital drain. A rushed filing may feel safe, but if product plans change or the market shifts, you’ve locked in a cost with little return.
After 25+ years of helping startups protect what matters, I’ve developed a five-question filter to make smarter, more strategic patent decisions:
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