MASTERCLASS Patents for Entrepreneurs – Part 1: The Basics
Patent basics, from Ola Wassvik: patents are one part of a bigger game, not the whole game. Team matters most, meaning skilled people who can build things. Market size comes second, since small markets often favor secrecy over patents. Technology matters least, since almost anything can be patented if it solves a new problem. The goal is growth, not ego. Patents boost sales, VC funding odds, and exit value.
Key basics
A patent blocks others from copying you. It doesn't give you the right to sell your own product. You usually need several patents, not one. You can only patent something before disclosing it publicly. Filing buys you 18 months before it goes public. Whoever files first owns it, regardless of who invented it. That's first to file, not first to invent. NDAs don't fully protect you, since others can still patent what you've shown them. Before you file, expect two checks: a novelty search (has this been done before) and a freedom to operate search (can you legally sell it).
Strategy
Decide early: a licensing portfolio (share tech widely, common in semiconductors and telecom) or a defensive portfolio (protect your own product, most common). Set a real budget. Balance trade secret vs. patent, 50/50 as a starting point. Cover multiple levels (concept, product, system, component), not just fine details. Watch competitors, keep trade secrets truly secret, and avoid patenting algorithms since they're easy to work around. Avoid lawsuits: a single case can cost $3 to $10 million.
FAQ
Do I own an invention just because I created it?
No. Ownership goes to whoever files the patent first, not whoever invented it. That's the first-to-file rule. Disclosing before filing puts your invention in the public domain, and NDAs don't reliably stop others from patenting what you've shown them.
Should I patent everything, or keep some things as trade secrets?
Weighing trade secret vs. patent usually comes down to a rough 50/50 split as a starting point: more patents if you're hardware-heavy, fewer if you're software-heavy. Avoid patenting algorithms specifically, since they're usually easy to work around.
What's the difference between a licensing portfolio and a defensive portfolio?
Licensing shares your tech in detail so others can build it. Defensive protects your own product, what most companies need.
What's the difference between a novelty search and a freedom to operate search?
A novelty search checks whether your invention's already been disclosed by someone else. A freedom to operate search checks something different: whether you're legally clear to sell what you've built, regardless of whether you patent it. Most founders need both before spending on a filing.
Is it first to file or first to invent?
First to file. Ownership goes to whoever files first, not whoever came up with the idea first. That's why filing early, even with a provisional application, matters more than proving you thought of it first.
DISCLAIMER: THIS IS NOT LEGAL ADVICE. YOU SHOULD CONTACT A PATENT ATTORNEY IF YOU NEED A FORMAL ASSESSMENT OF PATENT INFRINGEMENT OR FREEDOM TO OPERATE.


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