17 Seconds #101. Useful Info Quickly.
For startups, the two most important patent law concepts are:
- PRODUCT-BASED PATENTING (17 Seconds #100)
- FILE BEFORE LAUNCH (17 Seconds #101)
The file-before-launch patenting approach turns your product roadmap into a patent roadmap.
PATENT PLANNING – FILE BEFORE LAUNCHING. U.S. patent law changed significantly from 2011 to 2013 due to the America Invents Act (AIA) (http://en.wikipedia.org/wiki/Leahy-Smith_America_Invents_Act). The AIA was fully implemented on 2013-03-16, which made the U.S. a first-inventor-to-file country (and replaced the former first-to-invent system). The U.S. is also essentially an “absolute novelty” country. As such, you should file your patent application before you launch (where “launch” is defined as sale, offer for sale, publication, or public use) your product/service/improvement. This is the only certain way to protect both U.S. and foreign patent rights.
The file-before-launch concept also applies to trademarks (although the consequences are less severe).
TRADEMARK PLANNING – FILE BEFORE LAUNCHING. It is much more expensive to cure trademark problems than it is to prevent them. As such, you should fully vet any new trademark (for a company name, logo, tagline, product name, service name) by searching the trademark and (if the search is favorable to you) filing a trademark application. We have guided many clients through the expensive rebranding process. In an ideal world, you would be the first to use, first to file, and first to register your trademark. Disputes with third parties can occur when one party is first at one thing and the other party is first at another. Registering your trademarks as soon as possible can also help you secure your brand on the Internet, including domain names and social networking usernames.
In short, Clocktower does not care if its startup clients file (before launch) any patents or trademarks. We just care that the decision to do so or not to do so is intentional, and not accidental.
17 Seconds is a publication for clients and other VIPs. Powered by Mailchimp and the beat of a different keyboard player. Click here to subscribe to 17 Seconds.
Considering a startup accelerator such as MassChallenge, Techstars, gener8tor, or Y Combinator? Good choice! Implement these two best practices in your startup and you will be ahead of 95% of your competitors:
* FILE BEFORE LAUNCH – The Single Most Important Concept For Startups – Turns Your Product Roadmap Into A Patent Roadmap (2022-10-17)
17 Seconds #101. Useful Info Quickly.
https://www.clocktowerlaw.com/6281.html
https://www.giantpeople.com/17244.html
* PRODUCT-BASED PATENTING – The Second Most Important Concept For Startups – Simplifies Patent Law Into Two Requirements (2022-09-17)
17 Seconds #100. Useful Info Quickly.
https://www.clocktowerlaw.com/6266.html
https://www.giantpeople.com/17233.html
ABOUT CLOCKTOWER. Since 2001, Clocktower has been laser-focused on #patents and #trademarks for #startups. Over 40 Clocktower clients have been acquired at a total valuation of over $6 billion. Zero clients have fired Clocktower and then gone on to be acquired by a public company.
[EDITOR’S NOTE: In the summer of 2025, Clocktower Intern Mark Magyar used artificial intelligence (AI) software to shorten over 100 Clocktower articles by 17%. The shortened articles are included as comments to the original ones. And 17 is the most random number (https://www.giantpeople.com/4497.html) (https://www.clocktowerlaw.com/5919.html).]
* FILE BEFORE LAUNCH – The Single Most Important Concept For Startups – Turns Your Product Roadmap Into A Patent Roadmap
17 Seconds #101. Useful Info Quickly.
For startups, the two most important patent law concepts are:
PRODUCT-BASED PATENTING (17 Seconds #100)
FILE BEFORE LAUNCH (17 Seconds #101)
The file-before-launch approach turns your product roadmap into a patent roadmap.
PATENT PLANNING – FILE BEFORE LAUNCH
U.S. patent law changed from 2011–2013 under the America Invents Act (AIA) (http://en.wikipedia.org/wiki/Leahy-Smith_America_Invents_Act). Implemented on 2013-03-16, it made the U.S. first-inventor-to-file and essentially “absolute novelty.” To protect U.S. and foreign rights, file patent applications before launch (sale, offer for sale, publication, or public use).
TRADEMARK PLANNING – FILE BEFORE LAUNCH
The same principle applies to trademarks (though consequences are less severe). It’s cheaper to prevent trademark issues than fix them. Vet any new mark (company, logo, tagline, product/service) with a search, then file if clear. We’ve guided many through costly rebrands. Ideally, be first to use, file, and register. Conflicts arise when parties split these “firsts.” Early registration also helps secure domains and social handles.
In short, Clocktower doesn’t care if clients file (before launch) patents or trademarks—we care that the choice is intentional, not accidental.
* FILE BEFORE LAUNCH – The Single Most Important Concept For Startups (2022-10-17)
https://www.clocktowerlaw.com/file-before-launch
* PRODUCT-BASED PATENTING – The Second Most Important Concept For Startups (2022-09-17)
https://www.clocktowerlaw.com/product-based-patenting