A quick note on where this comes from. I'm a named inventor on an issued U.S. patent and on several pending applications, and I've spent years on the business side of technology companies. The patterns below are what I see repeat. None of it is legal advice, and your patent counsel should have the final word on anything that touches filing strategy or risk.
01
Before a Series B or later round
Start 4 to 6 months before you expect a term sheet.
At seed, nobody asks much about patents. By the B, the diligence list usually has a section on IP, and it lands on the CTO's desk because the founders assume engineering knows what exists. Often engineering does not.
The questions are rarely exotic. Who owns the code? Did every contractor sign an assignment? What have you filed, and does it cover the thing the deck says makes you different? Is there anything in the open source stack that could become a problem?
What to get ready
- Pull every employee and contractor agreement and confirm IP assignment language is present and signed.
- List the three or four technical decisions that actually make the product hard to copy. Be honest.
- Map what has been filed (if anything) against that list. Gaps are normal. Unexplained gaps are what slow a round.
- Run an open source license inventory on the main repositories.
- Write a one-page summary your counsel can review before the data room opens.
02
Before an acquisition conversation
Start the moment a corporate development team asks for a second meeting.
Buyers pay for what they can defend later. If the technology story depends on things that live only in a few engineers' heads, a buyer's diligence team will discount it, or ask for holdbacks and escrow to cover the uncertainty.
Sell-side preparation is mostly organization. You want a clean record of what was built, who built it, when, and what protection exists for each piece. That record is far easier to build a year early than in week three of exclusivity.
What to get ready
- Build a simple inventory: asset, inventors, filing status, the product it supports.
- Identify trade secrets you rely on and how access to them is controlled.
- Flag any third party claims, demand letters or past disputes so counsel hears about them from you first.
- Consider whether a few targeted provisional patent applications would close obvious gaps before diligence starts.
03
Before a product launch or public demo
Start before the conference talk is accepted, not after.
Public disclosure starts clocks. In the U.S. there is a limited grace period, and in many other countries there is effectively none. A launch blog post, a demo video or a detailed sales deck can all count as disclosure.
The fix is boring and cheap compared with the alternative: decide what is new in the release, get anything worth protecting into a provisional patent application before it goes public, and ask counsel where the line sits for your markets.
What to get ready
- Add an IP review step to the launch checklist, owned by someone with a name.
- Ask engineering leads what in this release they had to invent, not just build.
- Check for competitor patents in the feature area before marketing commits to claims.
- Hold technical detail out of public materials until filing decisions are made.
04
The first 90 days after a round closes
Right after the wire hits, while the board is still paying attention.
This is the window where an IP budget is easiest to approve and the team is usually about to build the next version of the product. Using it well means the next round's diligence is a formality instead of a scramble.
What to get ready
- Agree on an IP owner at the leadership level.
- Set up a lightweight invention disclosure habit, monthly or per release.
- Pick two or three areas where the company should be creating new protectable work, not just documenting old work.
Common questions
When should a CTO start thinking about patents?
Usually earlier than it feels necessary. A practical trigger is any of these: a priced round on the horizon, a public launch of something technically new, or an inbound conversation with a strategic buyer. Starting a few months ahead gives counsel time to review and file without rushing.
Do investors actually care about patents at Series B?
It varies by sector and investor. Many care less about patent counts than about whether the company owns its technology cleanly and has a sensible plan for protecting what differentiates it. Missing assignments or unclear ownership tend to cause more friction than a small portfolio.
Is a provisional patent application worth filing before a launch?
It can be a reasonable way to establish an early filing date before public disclosure, but it is not examined and does not become a patent on its own. Whether it fits your situation is a question for licensed patent counsel.
What can my team prepare without a lawyer?
A lot of the groundwork: an inventory of what was built and by whom, copies of signed assignment agreements, a short list of technically distinctive features, and notes on what has been shown publicly and when. Counsel will make the legal calls, but good preparation makes their time far more useful.
Does Idea Partnership give legal advice on any of this?
No. Idea Partnership is not a law firm and does not provide legal advice. We help companies develop and document inventions and prepare materials, and we work alongside independent licensed patent counsel, who handle legal assessment and filing.
Want a second set of eyes before diligence?
We work with mid-market and larger companies to develop new inventions from their technology and prepare provisional patent application materials for review by independent patent counsel.
Talk with usIdea Partnership is not a law firm and does not provide legal advice. This page is general information only. Consult licensed patent counsel about your specific situation.