Written by James Chae — Co-Founder, Expert Sapiens
Platform expertise: IP law & patent services · Reviewed March 2026
Session Prep
IP sessions are most valuable when you come in with specific assets, decisions, or concerns — not just general questions about 'protecting your idea.' These prompts help you get concrete answers on what's worth protecting, what you might be missing, and what to do next. This guide is organized around three stages: understanding what IP you actually own and what might be missing, developing your IP strategy and prioritization, and planning practical next steps. Before your session, make a list of the key innovations, brand elements, and processes in your business — even rough descriptions are useful. If you're working on a specific filing, negotiation, or dispute, come prepared with the relevant facts. IP law is highly technical and category-specific, so the more clearly you can describe what you've built and what you're trying to protect, the better your session will go.
1.What IP does my company actually own right now — and what might we not own that we think we do?
IP ownership gaps are shockingly common. This question surfaces them before investors or acquirers do.
2.What's the strongest form of IP protection for what I've built, and is it worth pursuing?
Not everything is patentable or worth the cost and time of patenting. Getting an honest cost-benefit view is the most important first step.
3.Are there existing patents, trademarks, or copyrights that could be a problem for what we're building or selling?
Freedom-to-operate is as important as your own filings. Discovering a blocking patent after you've scaled is catastrophic.
4.Is our brand name and logo protectable, and does anything out there conflict with it?
A trademark clearance search should happen before you commit to a brand — and most companies skip it.
5.Given our budget and stage, where should we invest in IP protection first?
IP has real costs. Prioritization based on business risk and value is more useful than a comprehensive filing strategy you can't afford.
6.Should we patent this, protect it as a trade secret, or rely on speed-to-market?
These three strategies have very different implications. The right answer depends on your business model, competitive landscape, and how easily your innovation can be reverse-engineered.
7.How would you structure an IP licensing deal to protect our interests?
License agreements have dozens of negotiable terms — exclusivity, territory, sublicensing rights, quality controls. Understanding the key ones before you negotiate matters.
8.What's the actual timeline and cost for [patent / trademark / copyright registration] in our case?
Most people underestimate how long IP processes take and overestimate or underestimate the cost. Getting a realistic view shapes planning.
9.What IP agreements should all of our employees and contractors be signing?
IP assignment, non-disclosure, and non-compete agreements are essential infrastructure that many companies set up too late or incompletely.
10.We've received a cease-and-desist / infringement claim. What are our realistic options?
IP disputes have a spectrum of responses — from designing around to licensing to challenging the claim. Understanding the options before responding is critical.
Written by James Chae — Co-Founder, Expert Sapiens
Platform expertise: IP law & patent services · Reviewed March 2026