Walk into almost any startup accelerator and you will hear the same refrain from founders: patents can wait. The pitch deck, the prototype and the first paying customers feel urgent. Intellectual property sounds like something you worry about after Series B, or after a big competitor notices you.
Yet when you look at who actually gets funded and acquired, a different pattern emerges. Studies by European and US patent authorities have repeatedly found that startups with patent protection are dramatically more likely to raise early-stage capital and to achieve successful exits. Investors may not always say it out loud, but they routinely use patents as a proxy for technical depth, defensibility and long-term value.
So why do so many entrepreneurs still treat patents as a luxury? In conversation after conversation with founders, the same myths surface. They are understandable, but they are also dangerous. Left unchallenged, they can cost you funding, leverage and in some cases the right to protect your own invention at all.
Here are five of the most persistent myths about patents, and what founders need to understand instead.
Myth 1: “Patents aren’t necessary to build a successful company.”
Founders often point to a handful of famous outliers. Messaging apps, social platforms and consumer products that scaled fast with little visible IP protection. WhatsApp is a favorite example: a lean team, minimal patent activity and a multibillion-dollar acquisition.
But those stories are the exception, not the rule. WhatsApp grew in a narrow window when mobile messaging infrastructure was still forming, then was acquired by Facebook, a company with a massive patent portfolio and a sophisticated IP strategy. Most startups do not operate under the umbrella of a buyer with tens of thousands of patents.
Look instead at the broader ecosystem. In sectors from medical devices to AI, climate tech to advanced manufacturing, the serious players are filing. Startups that secure patents early often find it easier to open doors with strategic partners and acquirers, who see patents as proof that the technology is not easily copied.
Consider young medtech companies that file early on core technologies. Their patents become part of the story they tell investors: not just what they have built, but why a better-funded rival cannot simply replicate it. That narrative translates into leverage at the negotiating table and, in many cases, into larger checks.
The practical takeaway is not that every startup needs a wall of framed patents. It is that you should scan your competitive landscape. If the companies you hope to compete with, partner with or sell to are building portfolios, you ignore patents at your peril. Even a small, focused set of filings can hedge your risk and increase your options.
Myth 2: “We’ll deal with patents after launch.”
This is perhaps the most dangerous misconception. Founders assume they can unveil their product, test it in the market and then circle back to protect it once they have traction. In many jurisdictions, that is a recipe for losing your rights entirely.
Patent systems around the world are built on the idea of novelty. If you publicly disclose your invention before filing, you may destroy that novelty. Courts have repeatedly invalidated patents because the inventors showed their technology too early at conferences, trade shows or in sales meetings.
In several well-known cases, inventors demonstrated prototypes, gathered interest and only later filed patent applications. When those patents were challenged, the courts ruled that the earlier demos counted as public disclosures. The inventors’ own marketing efforts had effectively donated the ideas to the public domain.
Once that happens, there is no second chance. You cannot retroactively make an invention “new” again.
The solution is not to go into stealth mode forever. It is to file early, even if you start with a provisional application. A well-prepared provisional is relatively inexpensive, secures a priority date and buys you up to a year to refine the invention and test the market before committing to full national or international filings.
In other words, you do not need a finished product to start protecting it. You need a clear description of what is inventive about your approach, captured before you show it to the world.
Myth 3: “Our idea is just an improvement, not a real invention.”
Many founders quietly believe their work is not “innovative enough” to justify a patent. They are not building a new physics engine or a novel drug molecule, they tell themselves, just improving something that already exists.
That mindset misunderstands how most patent systems work. The majority of patents are not for world-changing breakthroughs. They are for practical, often incremental improvements that solve a problem better than previous solutions.
History is full of examples. Thomas Edison did not invent the first light bulb. Earlier versions existed, but they were fragile and short-lived. Edison’s key contribution was identifying a filament material and design that made the bulb durable and commercially viable. That incremental advance was patentable, and it created a powerful barrier for competitors.
In modern startups, the same pattern appears constantly. A small change in architecture that makes a machine-learning model dramatically more efficient. A clever mechanical tweak that cuts manufacturing time in half. A new workflow that allows a medical device to be sterilized more reliably. Each of these can form the basis of a patent if it is new, non-obvious and useful.
Founders are often too close to their own work to recognize what is truly inventive. That is why a structured invention-disclosure process and early conversations with a patent professional can be so valuable. You may discover that the “minor” feature your team almost took for granted is exactly what competitors will need to copy to stay relevant.
Myth 4: “Patents are too expensive for startups.”
Sticker shock is real. When founders hear that a single patent can cost tens of thousands of dollars over its lifetime, they understandably flinch. But the raw number is only part of the story. What matters is how you structure and time those costs.
Early-stage companies that use patents effectively treat them as business assets, not as legal ornaments. They prioritize filings that map directly to revenue, defensibility or investor interest. They use provisional applications to defer major expenses while locking in early dates. They take advantage of reduced government fees for small entities and carefully choose which countries to enter instead of filing everywhere by default.
When approached this way, patents become far more affordable. The real risk is not the cost of a well-chosen filing, but the cost of poor planning: rushing to file broad, unfocused applications that do not align with the product roadmap, or waiting so long that key inventions are no longer protectable.
For most startups, the question is not “Can we afford any patents?” but “Can we afford to ignore them entirely while competitors quietly build moats around adjacent ideas?”
Myth 5: “Patents only matter if you plan to sue.”
Litigation looms large in the public imagination. When patents make headlines, it is usually because of courtroom battles between giants. That leads many founders to assume patents are only useful if you intend to enforce them aggressively.
In practice, early-stage companies rarely use patents as weapons. They use them as signals and as bargaining chips.
Patents can demonstrate technical leadership to investors, partners and potential acquirers. They can reassure enterprise customers that your solution is not a commodity that any competitor can clone. They can be licensed, cross-licensed or used to negotiate freedom to operate in crowded spaces. Even the decision to share or open certain patents can be strategic, positioning your company as a standard-setter while still retaining leverage.
Seen this way, patents are less about lawsuits and more about shaping the playing field. They help you define where you stand in the ecosystem and give you options when larger players take an interest in your market.
Building a startup-friendly patent strategy
Once you set aside the myths, the question becomes practical: how do you build a patent strategy that supports growth instead of draining resources?
First, capture ideas systematically. Innovation does not only happen in the lab or at the whiteboard. Support engineers, implementation teams and even customer success staff often devise clever workarounds and improvements. A simple internal process for logging potential inventions ensures those insights are not lost.
Second, filter ruthlessly. Not every idea deserves a patent. Focus on inventions that create clear differentiation, support your pricing power or are likely to matter in partnership and acquisition discussions. Early input from a patent professional can help you distinguish between what is merely clever and what is truly protectable.
Third, file strategically. Use provisional applications to secure early dates while you refine the technology and test the market. Time key filings around fundraising rounds, major product launches and strategic negotiations, when the signaling value is highest. Be selective about international filings, targeting jurisdictions where you expect real commercial activity or where competitors are strongest.