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.
Oshkosh structures partnerships to own IP developed jointly with a startup, then licenses it back. This approach, outlined in the initial NDA, gives the large corporation control over patent defense while providing the startup with usage rights, often with market-specific limitations.
There appears to be a predictable 5-10 year lag between a startup's innovation gaining traction (e.g., Calendly) and a tech giant commoditizing it as a feature (e.g., Google Calendar's scheduling). This "commoditization window" is the crucial timeframe for a startup to build a brand, network effects, and a durable moat.
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.
ElevenLabs' CEO sees their cutting-edge research as a temporary advantage—a 6-12 month head start. The real, long-term defensibility comes from using that time to build a superior product layer and a robust ecosystem of integrations, workflows, and brand. This strategy accepts model commoditization and focuses on building durable value on top of the technology.
Aspiring founders often obsess over creating unique intellectual property (IP) as a moat. In reality, for most bootstrapped SaaS companies, competitive advantage comes from superior marketing, sales, and positioning—not patents or secret algorithms. Customers choose the best tool that solves their problem, not the one with the most patents.
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.