MASTERCLASS Patents for Entrepreneurs – Part 2: From Basics to Strategy
Ola Wassvik builds on the first session with one core idea: patents protect your business, not your technology. Deep tech has no natural defense like copyright, so if you haven't patented something, others are free to copy it, and if someone else patents it first, they own it, even if you developed it. If you don't have a business behind it, you shouldn't be spending money on patents.
Key basics
A patent is a negative right: it stops others from copying you, but one patent rarely covers a whole product, since each solved problem usually needs its own patent. Disclosure kills patentability, whether through a video, a webpage, or publishing a paper, so you must file before you disclose. It's first to file, not first to invent: even if you built something months before a competitor, they own it if they file first. Parallel invention happens often, especially in fast-moving fields. Three terms matter here: prior art (anything that came before you), a novelty search (checking existing patents), and freedom to operate (checking you can legally sell your product).
Strategy
A patent's description is fixed at filing, but its claims can evolve for years before grant, letting you adapt coverage as competitors' products develop. The first 12 months are especially flexible: you can add new material without losing your priority date, or withdraw entirely as if it never existed. Continuations after grant let you keep related claims alive for further protection. On trade secrets, everything starts as one, and deep tech companies should start with a rough 50/50 split between patents and trade secrets, skewing toward more patents if hardware-heavy, more secrets if software-heavy. Patent strategy should be a business decision, not just a technical one, since it depends on your business model.
About the Host
Ola Wassvik is CCO and co-founder of Lightbringer, a serial entrepreneur, and an M.Sc. in Engineering Physics. Before Lightbringer, he spent 20+ years as a tech entrepreneur, including as CTO and co-founder of Flatfrog.
Across that time he's managed over 300 patent families and helped raise more than €84 million for deep tech ventures, giving him a founder's-eye view of how patent strategy actually plays out in the room with investors, competitors, and boards.
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FAQ
Why is it "first to file" and not "first to invent"?
Only the filing date counts. Even if you developed something months before someone else, they own it if they file first. This is why filing early matters more than proving you thought of it first.
What can I still change after I file a patent?
The description is fixed at filing, but the claims can evolve for years, right up until the patent is granted. This lets you adjust coverage as your product and competitors' products develop.
Should I patent everything I invent, or keep some things secret?
A rough 50/50 split between patents and trade secrets is a good starting point for deep tech. Hardware-heavy companies often skew toward more patents, software-heavy companies toward more trade secrets.
How do I decide what to patent versus keep as a trade secret?
Ask whether a competitor could figure it out just from using your product, without access to your source code or manufacturing process. If yes, patent it. If it stays hidden inside your process, keep it a trade secret.
What's the difference between a novelty search and freedom to operate?
A novelty search checks existing patents to see if your invention is genuinely new. Freedom to operate checks whether you can legally sell, market, or manufacture your product without infringing on someone else's patent.
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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