Question 1

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

Accepted Answer

Not necessarily. Software is often better protected through trade secrets (keeping your implementation confidential) and copyright (which protects your code automatically). 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.

Question 2

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

Accepted Answer

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. An IP expert can conduct or guide you through a search and interpret the results — including the 'gray areas' that a basic database search won't surface.

Question 3

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

Accepted Answer

IP assignment is a legal agreement that transfers ownership of intellectual property from an individual (a founder or employee) 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. It's one of the first legal documents every startup should have in place.

Question 4

How long does trademark registration take?

Accepted Answer

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, which provides important protections. An IP expert can file on your behalf and manage the process.

Question 5

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

Accepted Answer

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 use cases, when you want to maintain control over how it's used, or when you're not positioned to exploit all markets yourself. An IP expert can structure license agreements that protect your interests.

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