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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Руководство по найму

Как нанять эксперта по направлению «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

Признаки того, что вам нужен эксперт по направлению «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

Как проверить эксперта по направлению «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

Вопросы, которые нужно задать перед наймом

Используйте их при вводном звонке или первой сессии, чтобы быстро оценить соответствие и экспертизу.

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

Почему это важно: 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?

Почему это важно: 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?

Почему это важно: 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?

Почему это важно: 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?

Почему это важно: Not everything is patentable or worth patenting. You want an advisor who gives you the honest answer.

Чего ожидать

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.

Типичная расценка: $175 – $450 per session

Тревожные сигналы

Recommends filing patents as a default without assessing whether your innovation meets the patentability standard

Can't explain the difference between provisional and utility patents clearly

Doesn't ask about your business goals or budget before recommending an IP strategy

Has no experience in your technology domain (for patent work) or your industry

Can't give you a straight answer on cost and timeline