Ideas vs Execution

The most common misconception in the startup world is that you can patent an "idea". You cannot patent "Uber for Dog Walking". You can only patent a novel, non-obvious technical method or system used to achieve it.

In reality, execution is the best protection. If you launch fast, gain market share, and build a strong brand, copycats will struggle to catch up even if they copy your features.

Types of IP Protection

Intellectual Property (IP) comes in several flavors. You need a mix of them:

  • Copyright: Automatically protects your actual code and artwork (UI assets). It prevents someone from copy-pasting your source code files.
  • Trademark: Protects your Brand Name, Logo, and Slogan. This is vital to prevent competitors from confusing your customers.
  • Patent: Protects a specific functionality or utility. This is the hardest and most expensive to get.

Patent Requirements

To qualify for a utility patent, your invention must be:

  1. Novel: It must be new. If it's been done before (even if not patented), it's ineligible.
  2. Non-Obvious: It shouldn't be a trivial improvement that any skilled engineer would naturally derive.
  3. Useful: It must solve a practical problem.

Software patents are notoriously difficult because algorithms are often considered "abstract ideas," which aren't patentable in many jurisdictions.

The Cost of Patenting

Patents are a game of kings. A US utility patent usually costs between $10,000 and $30,000 in legal fees and filing costs. It also takes 2-5 years to be granted.

For a bootstrapped startup, that $20k might be better spent on marketing or product development. A patent on a product nobody uses is worthless.

Defensive Publishing

If you can't afford a patent but want to stop others from blocking you, consider "Defensive Publishing." By publicly disclosing your method (in a blog post or whitepaper), you create "prior art."

Once it's public, nobody (including you) can patent it. This ensures you have the Freedom to Operate (FTO) without fear of being sued for infringing a future patent on that method.

NDAs: Are They Necessary?

Investors generally will not sign Non-Disclosure Agreements (NDAs). They see hundreds of pitches a year. Signing legal docs for every coffee meeting is impractical.

Asking for an NDA often signals amateurism. Trust your execution. Share what you do, but keep the "secret sauce" (the technical implementation details) to yourself until deeper due diligence.

When to Skip It

If your app lifecycle is short (e.g., a simple game or a trend-chasing app), a patent takes too long. If your innovation is easily reverse-engineered, a patent reveals how it works to competitors. In these cases, trade secrets and speed are your best allies.