Launching a startup brings a host of questions and challenges, especially around protecting new ideas. For Texas startups, business owners might wonder what the right time is to secure a patent in order to safeguard intellectual property (IP) and foster growth. The short answer is that startups should consider patenting an innovation when they create a unique product, process, or design that could set them apart in their industry.
Patents can shield these innovations, preventing competitors from benefiting from the work and investments a startup has made. Not patenting could leave your innovative ideas vulnerable to exploitation by competitors, potentially hindering your business’s growth and success.
What Is a Patent?
A patent is a legal tool designed to protect new inventions, giving their creators exclusive rights to produce, use, and sell the invention for a set period. A patent gives you control over your innovation, protecting it from potential imitators. That is particularly important in today’s fast-paced business environment, where unique products and services can quickly attract competition.
There are three different types of patents:
- Utility Patents: The most common type, these cover inventions with a particular function, such as a machine or a unique process
- Design Patents: These focus on a product’s appearance or ornamental design
- Plant Patents: These apply to distinct and new plant varieties
Knowing which patent is appropriate for your invention is critical, and consulting with a knowledgeable attorney can clarify these options.
What Are the Requirements for Patentability?
For an invention to be patentable, it must meet specific criteria set by the United States Patent and Trademark Office (USPTO). The two main requirements are novelty and non-obviousness. Both criteria ensure that the invention represents a significant advancement in its field, not merely a minor or obvious alteration of an existing idea.
Novelty
To be considered novel, an invention must be completely new and not disclosed or used publicly before the patent application. If any part of the invention has been described in prior art or publicly known, it may no longer be eligible for a patent. That means startups should be cautious about publicly sharing details of their inventions before filing.
Non-Obviousness
Non-obviousness means the invention must not be a noticeable improvement of existing technology. For instance, changing the color or size of a known product does not meet this standard. Instead, the invention must provide an inventive step that someone skilled in the field would not easily deduce.
When Should a Texas Startup File a Patent?
Timing is crucial in patenting, as filing early offers several advantages. For startups, the decision on when to file often depends on the stage of product development and the competitive landscape. Filing too early could mean patenting an incomplete idea, while filing too late could increase the risk of competitors securing similar patents first. It’s important to strike the right balance.
In general, startups should consider filing for a patent:
After Finalizing the Core Features
Once the essential aspects of your invention are finalized, you can proceed with filing. This avoids filing too soon when your invention still needs to be fully developed.
Before Public Disclosure
U.S. patent laws give inventors a one-year grace period after public disclosure to file for a patent. However, this grace period does not apply internationally, so filing as soon as possible after development is usually advisable to protect global rights.
Balancing these factors with your business goals can be complex, but working with a knowledgeable attorney ensures you make the most strategic choice for your invention and business plan.
Get Help Filing Your Patent in Texas From a Knowledgeable Business Lawyer
Securing a patent can be complex, requiring thorough knowledge of patent law, deadlines, and application requirements. If your Texas-based startup is going through this process, the experienced business attorneys at Quadros, Migl & Crosby are here to help you determine if and when you need to file a patent. With our client-first approach, we are well-equipped to help you protect your business’s valuable assets.
At Quadros Migl & Crosby, we offer flexible service with the resources and insight typically found at large law firms. We strive to help you secure your innovation, allowing you to maintain a competitive advantage and confidently grow your start-up. Contact us at (713) 300-9662 or complete a contact form to learn more about our patent and business representation services.