Introduction to IP for Start-ups - HLK

Introduction to IP for Start-ups

Types of IP

Click the button below to watch our short videos to understand more about the different forms of IP including patents, designs, trademarks, copyright and trade secrets.

Learn more about types of IP

Raising capital and protecting your business with IP

■ IP protects your brand and innovation and can give you an edge, keeping competition at bay, and convincing investors that you are a safe investment.

■ According to analysis of the VC market by PitchBook1:

■ Deal sizes for patent start-ups are on average 40-60% larger throughout every stage than for non-patent start-ups.

■ Across funding stages, patent companies raise capital at notably higher valuations than non-patent companies (up to 93%).

■ The median exit value for patent companies is 154.9% higher than it is for non-patent companies per year on average.

1 PitchBook Data Inc., Introducing PitchBook Patent ResearchTakeaways on patents’ impact on startup success (6 February 2023)

Have you got something worth protecting?

Is your USP based on technical differences from competitors?

You may benefit from patent protection. Speak to a patent attorney

Speak to a patent attorney, they will be able to help you determine whether you could get patent or design protection

Is your USP based on aesthetic differences from your competitor?

You may benefit from getting patent protection in the US. Speak to a patent attorney

Is your USP based on a new business model (i.e., a new way of doing business?)

You may benefit from design protection. Speak to a patent or trademark attorney

Is your USP based on creative works or a dateset that only you have access to?

You may have copyright for this. Brand protection will also be important. Speak to a trademark attorney

Is your USP related to an app that has new capabilities?

You may be able to get patent or design protection for your app. Speak to a patent attorney

You may not be able to protect your USP, but protecting your brand will be all the more important. Speak to a trademark attorney

Knowing your risks

Even if you have patent protection for your product or trademark protection for your brand, you could still be infringing someone else’s Intellectual Property Rights (IPRs).

Every new brand or logo should be cleared for use with a Trademark Infringement Risk Analysis. Talk to a trademark attorney to find out how to conduct this. Learn more about our Trademark team.

Companies launching new products should consider a Design Infringement Risk Analysis, and those which have a technical USP should additionally consider a Patent Infringement Risk Analysis. Talk to a patent attorney to find out whether you could benefit from this. Learn more about our Freedom to Operate service.

If you get a threatening letter from a third party notifying you of a patent or trademark, or accusing you of infringement, don’t panic. Contact a solicitor, or your trademark or patent attorney, and they will be able to help you. Learn more about our Legal Team.

Funding your IP journey

Beginning your journey in IP can be daunting for some start-ups and spin-outs, but there are often grants available in the UK and EU to help. With this grant funding, an IP attorney can help to identify:

■ what IP you own,

■ whether you have the right processes in place to harvest and capture this IP, and

■ whether you are protecting and exploiting it properly for your commercial advantage.

Some of the grant funding may even be used to cover costs for protecting your brand and ideas.