Product managers often wait too long to engage IP counsel. The ideal time for a patentability study is before incurring major, non-recoverable production costs, like creating specialized molds. This prevents sinking significant capital into a product that might infringe on an existing patent and require a costly redesign.
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The goal of early validation is not to confirm your genius, but to risk being proven wrong before committing resources. Negative feedback is a valuable outcome that prevents building the wrong product. It often reveals that the real opportunity is "a degree to the left" of the original idea.
To work more efficiently, Anastasia Soare invented the first dual-ended brow brush with a spoolie but didn't know it was patentable. Now a market standard copied by countless brands, this missed opportunity serves as a key lesson for founders: hire a smart lawyer early to protect all product innovations.
The value of a patent extends beyond simple protection. It allows a company to escape commoditization and command higher prices. For startups, patents are tangible assets that justify higher valuations. In legal disputes, they provide crucial leverage for negotiating settlements with competitors.
Spend significant time debating and mapping out a project's feasibility with a trusted group before starting to build. This internal stress-test is crucial for de-risking massive undertakings by ensuring there's a clear, plausible path to the end goal.
Companies often have undiscovered IP because technologists don't always communicate their innovations effectively. A simple management practice of regularly talking to engineers and asking "What problem are you facing?" and "How did you overcome it?" can surface valuable, patentable solutions that would otherwise go unnoticed.
The choice between a patent and a trade secret is a strategic decision based on vulnerability. If a product can be purchased and deconstructed to reveal its innovation, a patent is the necessary path. Trade secrets are only viable for innovations that are impossible to discover through reverse engineering.
Holding a patent provides no inherent protection. Its value is only realized through active, and expensive, legal defense against infringers. Therefore, a startup's focus should be on building a profitable business first to generate the capital needed to enforce its IP.
Reframe IP from a legal asset to be protected into your 'intellectual perspective'—a unique viewpoint on how to do something. This mindset shifts focus from costly legal protection to creating shareable, repeatable frameworks that scale your business beyond your personal involvement.
The misconception that discovery slows down delivery is dangerous. Like stretching before a race prevents injury, proper, time-boxed discovery prevents building the wrong thing. This avoids costly code rewrites and iterative launches that miss the mark, ultimately speeding up the delivery of a successful product.
IP attorneys are not just legal advisors; they must have a science or engineering background. This dual expertise allows them to work directly with engineering teams on "design around" strategies, helping to modify a product to avoid patent infringement while still meeting business goals.