06/10/2025
Trying to understand patents as a start-up founder can quickly lead you down an internet rabbit-hole of legal jargon. Yet patents are a key intellectual property right that innovative start-up owners should be thinking about.
So, to keep it simple, here is the what, when, where, why, how of patent protection.
What
A patent is a right to prevent others from commercialising your invention (e.g. making or selling). To obtain a granted patent, you need to apply to a patent office. The patent office carries out a search to see what already exists (“prior art”), and decides whether to grant you a patent (a process you will see referred to as “examination” or “prosecution”).
In your patent application, the claims are the important part – they carve out what your invention is and what could be protected. As patent attorneys, when writing a patent application for you, the claims are the part that we spend weeks or months working on.
When
Knowing when to file a patent application is one of the most important decisions you can make. File too early? You could end up protecting the wrong prototype. File too late? There might be a publication from a competitor, or you might have had to disclose your invention and lost the opportunity to patent.
Where
Patents are territorial. A patent in the UK cannot directly stop someone making your invention in the USA or China. A worldwide patent does not exist, but using a PCT application (often termed an “international application”) can defer the decision on where to protect – and delay costs – until years after filing your first application.
Why
The value of a patent can be compared to the value of a lock on your front door: it depends on what you are trying to protect and the environment you work in. If you are an innovator, spending your time and money innovating, and you want to have a monopoly on that innovation, a patent is likely to be useful to you. This is particularly the case if you operate in a market with larger competitors, or where reverse engineering is possible.
As a start-up, having a patent application can be a useful tool when pitching for investment. The European patent office (EPO) published a study showing that start-ups with patents and trademarks are 10 times more successful in securing funding.
As a start-up founder, selling a business protected by a good patent strategy can make the difference between being offered a place on the board of the acquiring company, or not making the sale at all.
How
Your first step is to speak to a patent attorney – we specialise in navigating the patent process and advocating for you before patent offices. Most patent attorneys in the UK offer a confidential, no-obligation discussion of your invention and intended patent strategy.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
