Do I need a patent to protect my software or app?

Not necessarily. Software is often better protected through trade secrets and copyright. Patents for software are expensive, take years to obtain, and have narrow protection. An IP expert will help you choose the right protection strategy for your specific situation.

How do I know if someone else already has a trademark on my brand name?

A trademark clearance search checks existing registered marks, pending applications, and common law usage. This should be done before you invest in branding, launch your product, or acquire a domain.

What is IP assignment and why does it matter for startups?

IP assignment is a legal agreement that transfers ownership of intellectual property from an individual to the company. Without it, your company may not actually own the code, designs, or inventions your team creates. Investors will flag this in due diligence.

How long does trademark registration take?

In the US, trademark registration typically takes 8–12 months from filing to registration, assuming no office actions or oppositions. However, trademark pending status begins immediately upon filing.

When does it make sense to license IP rather than sell it?

Licensing lets you retain ownership while generating recurring revenue from others using your IP. It makes sense when your IP is valuable across multiple markets or when you want to maintain control over how it's used.

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Cómo contratar un experto en Intellectual Property

IP decisions made early have long consequences — a missed filing window, an unregistered trademark, or a missing IP assignment agreement can cost a company millions later. This guide helps you find an IP expert who will give you practical, business-aware advice.

Written by James Chae, Founder of Expert Sapiens

Señales de que necesita un experto en intellectual property

You're launching a brand and need to know if your name and logo are available and protectable
You've built proprietary technology and want to understand your patent options
You received a cease-and-desist or infringement claim from a competitor
Your employees or contractors are creating IP and you haven't confirmed your company owns it
You're entering a licensing deal, partnership, or acquisition involving IP assets

Cómo evaluar un experto en intellectual property

Confirm they have deep experience in your specific IP type — patents, trademarks, copyright, and trade secrets are distinct disciplines

For patents, look for a technical background relevant to your invention

Ask about their prosecution track record — patent approval rates vary significantly by attorney

Look for someone who thinks in business terms, not just legal coverage

Check their experience with companies at your stage

Preguntas antes de contratar

Utilice estas preguntas en una llamada introductoria o primera sesión para evaluar rápidamente la compatibilidad y experiencia.

1.Based on what I've described, what IP protections should I prioritize, and which can wait?

Por qué es importante: IP protection has real costs. A good advisor helps you prioritize based on business risk and value.

2.Does my company definitively own all the IP created by my founders, employees, and contractors?

Por qué es importante: This is the most common IP gap in early-stage companies and the first thing investors check in due diligence.

3.What's the realistic timeline and cost of patent filing or trademark registration for my situation?

Por qué es importante: IP processes are slower and more expensive than most people expect.

4.Is there existing IP in my space that could be a problem for me — and how would I find out?

Por qué es importante: Freedom-to-operate analysis is as important as your own IP filings.

5.What's the strongest form of IP protection for what I've built, and is it worth pursuing?

Por qué es importante: Not everything is patentable or worth patenting. You want an advisor who gives you the honest answer.

Qué esperar

IP consulting sessions begin with an assessment of what you've built and what you want to protect. Your expert will review your situation, explain which IP protections apply, identify gaps in your current coverage, and give you a prioritized action plan.

Tarifa típica: $175 – $450 per session