A Strategic Guide to Intellectual Property for Startups

1. Securing Core Innovations
with Strong Patents

The first step is to protect the «how» of your innovation. 


• Having a patent, one can allow or prohibit the production, sales, advertising, import, storage, and other uses of patented products, methods, and applications.
• Without a patent, any competitor can use your innovation, or worse, obtain a patent for themselves and block your ability to market your developments.


Patents come in different types and degrees of protection.
The degree of protection is determined by the wording of the claims, so it’s crucial to think through each word broadly enough to cover various implementation options, and specifically enough to meet the patents requirements such as novelty, inventive step, etc.

A common misconception is that a single «patent» covers all. In reality, a multi-layered approach provides the most comprehensive defense.


Three Patent Types: Inventions, Utility models and Industrial designs

Patent for Invention

This is the gold standard for protecting a novel and non-obvious device, substance, composition, microorganism strain, cell culture, processes and uses thereon. Computer-implemented inventions recently have been increasingly patented as well.

Key criteria are: novelty (worldwide), inventive step (non-obviousness for one skilled in the art) and industrial applicability.

A «strong» patent isn’t just one that gets granted; it’s one with broad, defensible claims, meticulously drafted to withstand challenges and cover potential workarounds by competitors

Patent for inventions are granted worldwide: US, Europe, Asia, Africa, Australia. However no global patent exists; patenting is required in each country where protection is needed. However, there are regional patent systems that cover several countries.

For example, European Patent can cover up to 39 contracting states of the European Patent Organisation (EPO), which includes EU countries and Switzerland, the United Kingdom, and Norway. Further, it can be extended to Bosnia and Herzegovina (extension state) and validated in Morocco, Moldova, Tunisia, and Cambodia (validation states).

Less popular is Eurasian Patent Organization (EAPO) that also covers large territory: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan

An Applicant first files an application in a parent jurisdiction and then either files conventional applications in chosen countries, or files PCT-application covering 158 countries and giving an opportunity to choose the countries within 30-31 months from the first application filing date (priority date). The exception is for Luxembourg: 20 months without a preliminary examination.

Tanzania and Uganda: 21 months without a preliminary examination.
The World International Patent Organization (WIPO) has a convenient calculator showing the required timeframes for different countries.

Patent for Utility Models

Often called «petty patents» or “small patents”, these patents protect incremental improvements, have faster or no examination and therefore are cheaper to obtain. On the other hand, if a patent does not meet the requirement of novelty, it can be just as quickly revoked by third parties.

Not every country grants such patents. Being popular in Germany, China, Korea, Japan or Russia, they are not granted in the United States, United Kingdom, Canada, India, and Singapore.

The requirements are also different. For example, in Germany, utility models can protect devices and chemical substances, but not processes or methods of manufacturing. In Russia, utility models are solely devices.

While a patent for an invention is valid for 20 years, subject to the payment of renewal fees, a patent for a utility model is valid for only 10 years.

Patents for Industrial Designs

For physical products, from medical devices to consumer electronics, design patents protect the visual appearance, such as shape, package or any ornamental design, and so on.

Such protection ensures that competitors cannot create a look-alike product that piggybacks on your design language.
The patentability criteria are: novelty and originality.

This patent does not need long descriptions, the features are shown on photos or drawings.

Design patents are granted almost worldwide and are valid initially for 5 years with an opportunity to renew this term up to 25 years maximum.

2. Naming and Logos: Building a Defensible Brand with Trademarks

Your technology might be what you sell, but your brand is how the world remembers you. A brilliant name or a compelling logo is worthless if it’s legally indefensible

Before you print a single business card or buy a domain, a thorough trademark clearance search is non-negotiable.

This process ensures your chosen name and logo are not only available but also won’t infringe on existing rights, saving you from a costly rebranding effort or, worse, a lawsuit down the line.  A registered trademark protects your brand identity, prevents others from using a confusingly similar name, and becomes a valuable asset in its own right as your company grows.

There are several main types of trademarks:

Each type of trademark protects a different aspect of brand identity, helping ensure that companies can uniquely represent themselves and stand out in the market.

The “Front Page IP” team can help you with selecting the appropriate type and strategy for protecting your brand.

3. Five Ways to Protect IT and Software Solutions: The Digital Fortress

For tech startups, protecting code and digital products presents a unique set of challenges. Relying on a single method is insufficient. A sophisticated strategy employs a combination of the following:

4. Monetization and Growth for Startups: The Power of Well-Crafted Licensing and Transfer Agreements

There are generally 3 ways for monetizing a startup:

• Organizing Production and Sales;
• Licensing;
• Transferring Technologies.
  

All these ways need preliminary securing IP. The next phase is preparation of the precisely drafted legal agreements.

Agreements between Applicants and Authors

When creating the inventions, there are also several parties:

• authors, whose creative work resulted in new products or processes;
• applicants who are responsive for IP protection and the holders of intellectual property. 


Concluding agreements between these parties is essential to clearly define the scope of rights, specify the terms of payment, dispute resolution mechanisms, confidentiality, and so on.

In Europe, author royalties often depend on statutory rules — especially in countries with strong moral rights, where authors may be entitled to a proportional share of income generated from the use of their work. Payments are usually subject to local tax and social security regulations and may have minimum thresholds set by law or collective agreements.

In the USA, royalty arrangements are typically more flexible and heavily based on contractual freedom. Payments are often negotiated as lump sums, fixed percentages, or milestones, and can vary widely depending on the industry and bargaining position. U.S. law places fewer statutory restrictions on royalty structures, but federal tax regulations and copyright law still apply.

Licensing Agreements

Allow other parties to use your technology in exchange for royalties, opening new revenue streams without the need for direct market expansion.

Technology Transfer Agreements

Allow other parties to use your technology in exchange for royalties, opening new revenue streams without the need for direct market expansion.

Vague or poorly constructed contracts are a leading cause of startup disputes. Working with specialists to draft these documents is a crucial investment in your company’s future stability.

5. Securing Investment: Making Your IP a Star of the Pitch Deck

For venture capitalists and grant-awarding bodies, a startup’s IP portfolio is a key indicator of its long-term viability and defensibility. A well-articulated IP section in your business plan or grant application can be the deciding factor. It should clearly outline:

• What IP you own (applications filed/patent granted, trademarks registered);
• What IP is in development;
• Your freedom-to-operate (i.e. that you are not infringing on others’ patents);
• How your IP creates a barrier to entry for competitors;
• Who are IP owners and authors, the agreements you have.

This demonstrates foresight and de-risks the investment, significantly increasing your company’s valuation.

The more clearly defined your intellectual property section is, the more confidence it inspires in your project. At Front Page IP, we can help you structure your IP strategy clearly and persuasively.

6. Technical Translation for Foreign Patenting: The Critical Details

Patent application shall be filed in the language of the chosen Patent Office, therefore accurate technical translations using special patent lexic are often needed.

A simple linguistic translation is not enough. A patent is a highly technical legal document where a single mistranslated word can narrow the scope of claims or lead to the refusal decision of the Patent Office.

Relying on expert technical translators who have a deep understanding of both patent law and the specific technological field is absolutely essential for preserving the strength of future patents.

When translating patent applications, it’s essential to pay close attention to the following:

• precise wording — especially in the claims section, as every term can impact the scope of legal protection;
• specific formatting rules required for patent documents to prevent unnecessary delays or rejections;
• consistent terminology throughout the entire application: it supports clarity and legal integrity;
• double-check that no words or phrases are missing, as even minor omissions can cause misunderstandings;
• avoid adding any new features that aren’t present in the original application materials—this could compromise the application’s validity;
• carefully translating any graphical materials, ensuring that all labels and descriptions match the textual content exactly.

7. IP Consulting From Patent Attorneys

Startups often come to us for advice: where to start, how to stick to a minimal budget, what due dates need to be met, etc.

A patent attorney is a lawyer that is authorized by a patent office to represent the client’s interests for filing, prosecution, and other matters.

Unlike general practice lawyers, patent attorneys are specialists with a unique hybrid of expertise. They typically possess a background in a technical or scientific field — be it software engineering, biotechnology, or mechanical design — combined with an in-depth mastery of intellectual property law.

This dual competency allows them to not only understand the legal nuances of protection but to grasp the very essence of the innovation they are tasked to protect. They are the bridge between the technical language of invention and the precise, rigorous language of the law.

For a startup, where every decision is critical and resources are finite, engaging an IP professional helps:

• perform “go-to-market” and “freedom-to-operate” searches;
• filing cost-effective applications;
• reducing costs on the communications with patent examiners since the application is drafted according to the patent requirements;
• meeting all the due dates;
• clearly presenting the project to the investors.