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Patent Strategy for Startups

Should I patent my software code?

Pure code is protected by copyright automatically. However, if your software provides a technical solution to a technical problem (e.g., improves hardware efficiency), the underlying method might be patentable.

What is a "Provisional Application" strategy?

It involves filing a simpler, cheaper application (often in the US) to secure a priority date. This gives you 12 months to develop the product and raise funds before filing a full, expensive patent application.

Can I pitch to investors without a patent?

Yes, but it carries risks. You should rely on Non-Disclosure Agreements (NDAs). However, filing a patent application before the pitch provides the strongest protection and increases your valuation.

How can I protect my invention globally on a budget?

The PCT (Patent Cooperation Treaty) system allows you to file one international application, giving you 30 months to decide which specific countries to enter. This delays major costs while keeping your options open.

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Patent Strategy for Startups is a specialized service helping innovative companies protect their technology most effectively with a limited budget. For a startup, a patent is often the key asset that increases valuation and attracts investors. However, patenting is an expensive and complex process. A poorly chosen strategy (e.g., premature disclosure or patenting in the wrong country) can destroy an innovation's potential. This service helps startups resolve critical dilemmas: Patent or Trade Secret? When to file? Should we use a utility model? How to ensure we aren't infringing on someone else's patent (FTO)? The right strategy ensures the startup gains a competitive advantage without wasting resources.

What Does Patent Strategy Service Cover?

Startup-focused lawyers offer:

  • Patentability Assessment: Analyzing whether the idea is patentable (does it have novelty and an inventive step).
  • Patent vs. Trade Secret: Advice on whether to disclose technology in exchange for a patent or keep it secret (especially for software).
  • Freedom to Operate (FTO) Search: Checking if your product infringes existing patents to avoid lawsuits after launch.
  • Utility Models: Considering a cheaper and faster alternative to patents for minor inventions.
  • Provisional Applications: Strategy on how to "reserve" a priority date with minimal costs (primarily for the US market).
  • IP Presentation for Investors: Helping present the IP portfolio in a way that is attractive to venture capital funds.

Real-World Scenarios Where You Need This Service

Strategy is crucial in early stages:

  • MVP Launch: You plan to show the first version of the product at an exhibition. If you don't file an application beforehand, you lose novelty and can no longer patent it.
  • SaaS Platform: You have a unique algorithm. You need to clarify if it is patentable or should be protected by copyright.
  • Raising Seed Round: An investor asks if you have FTO (Freedom to Operate). You need a lawyer's opinion.
  • Competitor Emergence: Similar technology appears on the market. You need a strategy to block the competitor with your patent.

Georgian Legal Framework and Regulations

Patenting in Georgia is regulated by the Patent Law, which establishes criteria for novelty, inventive step, and industrial applicability. Important for startups is the 12-month grace period, which allows patenting even after the author discloses information. However, this rule does not apply everywhere internationally, so caution is needed. Also important are the Labor Code and agreements between founders to ensure the patent belongs to the company (startup) and not individual developers.

Service Process Step-by-Step

Working with a startup is dynamic:

  1. Idea Audit: Understanding the essence of the technology and assessing its potential.
  2. Prior Art Search: Searching existing patents (Patent Landscape) to ensure the idea's novelty.
  3. Strategy Selection: Decision - Patent, Utility Model, or Trade Secret.
  4. Drafting Application: Writing claims to be as broad as possible but valid.
  5. Filing and Prosecution: Filing the application with Sakpatenti or via the PCT system.

Why Choose Legal.ge?

Startups need lawyers who understand technology and venture business. Legal.ge gives you access to patent attorneys who can create a protection strategy tailored to your budget. With our help, you won't lose your innovation and will increase your company's investment appeal.

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