TLDR:
A government-granted exclusive right allowing an inventor to prevent others from making, using, or selling an invention for a set period (typically 20 years) in exchange for public disclosure.
What is a Patent?
A patent is a government-granted exclusive right that allows an inventor to prevent others from making, using, selling, or importing an invention for a set period.
Why Patents are Relevant to a Growing Startup
Patents protect innovation investment, prevent competitors from copying inventions, can be licensed to generate revenue, and can become valuable assets in M&A transactions.
Types of Patents
Most patents fall into three categories: utility patents (protecting how something works or is made — the most common type), design patents (protecting ornamental appearance), and plant patents (protecting new plant varieties in the US system). For technology startups, utility patents dominate, covering software methods, hardware implementations, biochemical processes, and mechanical inventions.
Strategic Considerations for Founders
Patent strategy is highly contextual. In hardware and biotech, patents are existential — they signal credibility to investors and underpin licensing models. In pure software, patentability is contested in many jurisdictions (the EPO and Turkish Patent Institute exclude pure software from patentability; the US has narrowed software patents through Alice and progeny) and patents are often less defensible than trade secrets, network effects, and execution speed.
Filing Costs and Timing
A US utility patent application typically costs $10,000–$25,000 through to issuance, with international protection via the Patent Cooperation Treaty (PCT) and national-phase filings multiplying the cost significantly. Provisional applications offer a low-cost ($1,500–$3,000) one-year placeholder to establish priority while a full application is prepared.