Why Do Startups Patent?

Increase valuation & leverage in fundraising, Create barriers to entry / deter copycats, Support future licensing or exit negotiations, Document and timestamp technical innovation

Types of Patents

Utility (what Idea Clerk supports)– functional/technical inventions

Design – ornamental appearance

Plant – asexually reproduced plant varieties

Filing Pathways

Provisional Application – time-stamp + 12-month runway, no formal claims required

Non-Provisional Application – full examination track, formal claims, spec, drawings

Track One – USPTO’s prioritized examination program for faster decisions

The Patent Timeline (Utility)

1. Provisional (optional but common for startups)
→ 12 months to file a related non-provisional and claim priority

2. Non-Provisional Filing
→ Formal application with claims; starts the examination clock

3. Examination & Office Actions
→ USPTO reviews, issues rejections/objections; you (or counsel) respond

4. Allowance & Issuance
→ Pay issue fee; patent grants and publishes

5. Maintenance Fees (years 3.5, 7.5, 11.5) → Keep the patent alive

After You File a Provisional: What Happens Next?

• You get “Patent Pending.”

• You can keep iterating. Update internally—but updates aren’t automatically covered; file new provisionals if needed.

• Set reminders. You must file a related non-provisional within 12 months (or lose the priority date).

• Decide your scope. Start crafting claims strategy, figure out what’s core, what’s optional.

• Consider international plans. If you’ll pursue PCT or foreign filings, plan budgets/timelines now.

After You File a Non-Provisional: What Happens Next?

• USPTO queues you for examination. Expect a first Office Action ~12–24 months (Track One: ~6 months).

• Respond to Office Actions. Amend claims, argue rejections, possibly file continuations/divisionals.

• Watch competitors & your own product. Consider continuation practice to cover iterative features.

• On allowance, pay issue fee and verify drawings/spec. Then celebrate—but docket maintenance fees.

• Enforcement & licensing. Monitor infringement, explore partnerships, or leverage in financing.

Ready to protect your invention?

Idea Clerk helps you generate a filing‑ready U.S. provisional patent application—fast, affordable, and founder-focused.

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The "Idea Clerk" name and logo are trademarks of Paximal, Inc., which is not an attorney or a law firm and can only provide self-help services at your specific direction. All content is generated using Paximal's patent automation engine and should be reviewed before filing. We provide instructions on filing provisional patent applications with the USPTO, and facilitate USPTO-registered patent practitioner review and filing as needed.

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