MASTERCLASS Patents for Entrepreneurs – Part 7: Leveraging Patents
Ola Wassvik frames patent strategy as mapping a battlefield you can't fully see yet. The key shift: stop asking "what can we patent" (which produces random filings and expensive wall art) and start asking "what business position are we defending."
Key basics
You can't know upfront which patents will matter most. That only becomes clear years later, once you're shipping and watching competitors, so some early patents guard empty ground while overlooked ones turn out critical. File broadly across technical areas first, then double down once you see what's actually valuable. Also stress-test your own IP: ask engineers how they'd crack your product with a large hypothetical budget, since a funded competitor will eventually try. Assume some IP will fail (a patent invalidated, a secret leaked) and plan for it.
Strategy
Different patents serve different jobs (defense, licensing, investor conversations, exit prep, sales leverage), so match the patent to the job rather than treating them all the same. Keep the same rough 50/50 patents-versus-trade-secrets split as a baseline. Get business people involved at the conceptual level, not just engineers at the component level. Stop funding "dead ground" (patents protecting directions you've already abandoned) and double down on proven ground instead, using continuations to expand what's already working. Revisit the whole strategy quarterly.
FAQ
What question should replace "what can we patent?"
Ask "what business position are we defending?" It leads to patents that create real leverage, not just filings an engineer is proud of.
How do I stress-test my own patents before a competitor does?
Ask your engineers how they'd crack your protection with a large budget, and assume some IP will eventually fail, whether through invalidation or a leaked secret.
Why do different patents need different jobs?
A patent built for pure defense doesn't necessarily help you license, raise investment, or negotiate with customers. Deciding a patent's job upfront helps you file the right kind for the outcome you actually need.
What does "dead ground" mean, and why stop spending there?
It's a patent protecting a direction you've already pivoted away from. Continuing to fund it drains budget that could go toward proven, currently valuable ground instead.
How often should patent strategy be revisited?
Quarterly: map the terrain, decide where to file, monitor competitors, and adapt.
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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