SankerIP FAQ for Startup IP Strategy
Submitted by David V. Sanker, PhD, J.D., Founder, SankerIP.
Originally published in Life Sciences Insights Magazine, September 2024
I couldn’t afford to enforce a patent, so why pay to get one?
Patent litigation is expensive, but building a patent portfolio now protects your core technology for later — when others learn how valuable it is. In the short term, having patents demonstrates to potential investors that your technology is protected. In the longer term, enforcing patent rights will be easier as the company grows or is acquired by a larger entity.
How can I get patents when I don’t have enough money yet?
Some law firms recognize the value of building relationships with startup companies and offer alternative fee arrangements. For example, some firms will perform legal services now with deferred billing — deferred for a fixed period of time or until the close of a funding round. Others offer legal services in exchange for company equity. Early patents can be a startup’s most valuable assets.
Does IP include anything other than patents?
The four primary forms of intellectual property are patents, copyrights, trademarks, and trade secrets. In general, a startup should be considering all four types. Keep in mind that trade secrets can protect anything that is valuable to a business — not limited to inventions — but must be subject to appropriate secrecy.
Can I get a patent for software or AI?
Although there is a de facto higher standard of patentability for software and AI, patents in these areas are issued all the time. For life sciences companies, this includes AI-driven drug discovery platforms, diagnostic algorithms, and software-enabled medical devices — areas where California Life Sciences member companies are increasingly active. Because of the higher standard, a good patent application needs to include detailed technical descriptions — not just “apply AI” — and have well-drafted claims. Quality will depend on the law firm you select.
About SankerIP
SankerIP is an intellectual property boutique with nearly 20 years of BigLaw experience, specializing in software, AI, medical devices, and semiconductors.
IP services include:
Patent Prosecution
IP Strategy
Freedom to Operate
IP Due Diligence
Contact: (510) 714-5196 | [email protected] | sankerip.com
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