Answers · IP Strategy & Portfolio
How do I build a patent portfolio from scratch?
Updated June 2026
The short answer
Build it in five deliberate steps: map the business areas worth protecting, harvest inventions systematically, triage candidates against commercial value, file in priority order, and review the portfolio annually against the product roadmap. In our engagements, the path from zero to the first 8 to 10 filings typically runs 12 to 24 months, and a single facilitated invention session can produce a large batch of documented disclosures, which is most of the raw material a first portfolio needs.
The order matters. Companies that start by filing whatever happens to be on an engineer's whiteboard end up with patents that protect interesting ideas instead of revenue.
The five steps in order
Step one is a map. Before anyone drafts anything, write down where the company's value concentrates: which products carry revenue, which technologies differentiate them, and which competitors could copy them. Step two is harvesting: a structured pass through the engineering organization to surface every candidate invention, because the ideas that matter are usually in the heads of people too busy building to write them down. Step three is triage, scoring each candidate on commercial value, detectability of infringement, and durability, then sorting candidates into patent, trade secret, and defensive publication tracks.
Step four is filing in priority order. Most startups file provisional applications on the top candidates first, which establishes a priority date and buys 12 months to decide what deserves a full application. Step five is the review cadence: once a year, re-map the filings against the current product roadmap and competitor activity, and let weak candidates go. A portfolio is a living budget item, and pruning is part of building.
Where the inventions come from
The most common failure mode is relying on engineers to self-identify and self-report inventions. Most do not, because disclosure paperwork competes with shipping deadlines and loses. Facilitated harvesting fixes the supply side: in our ipScan engagements, structured sessions with inventors and stakeholders consistently surface invention concepts that internal processes never would, in high volume.
Scale is rarely the constraint. One Fortune 500 medical device client generated nearly 150 invention concepts in a single engagement, which led to more than 80 patent applications with a 98 percent issuance rate. A startup needs a small fraction of that volume, which is exactly why selection criteria matter more than idea generation.
Budgeting the first ten filings
Plan in three buckets. Disclosure preparation: a business-grade invention disclosure from ipCG typically runs about $7,000, closer to $5,000 in volume programs, and exists so your attorney drafts from a complete document instead of reconstructing the invention in billed hours. Legal fees: published fee surveys commonly put attorney drafting of a US utility application at $8,000 to $15,000 or more, and only a registered patent attorney or agent can draft, file, and prosecute on your behalf. ipCG is a consultancy, not a law firm. Government fees: USPTO filing, search, and examination fees are published on the USPTO fee schedule and are modest next to the other two buckets.
Strong inputs compress the whole budget. In our experience across thousands of filings, well-prepared disclosures can cut prosecution time by 30 to 40 percent, which shows up directly in legal spend.
Related questions
Do we need an IP strategy before filing anything?
You need the map (step one) before the first filing, which is a focused exercise rather than a six-month strategy project. Filing first and strategizing later is how companies end up paying maintenance fees on patents no product ever used.
Should the first filings be provisional applications?
Usually, because a provisional secures a priority date at lower cost and gives you 12 months of learning before committing to full applications. A provisional only protects what it actually describes, so thin provisionals are a false economy. Your patent counsel makes the filing-form decision.
Can a pre-revenue startup justify a portfolio?
A small one, yes. Investors and acquirers diligence IP early, and priority dates cannot be backfilled. Most pre-revenue companies are well served by documenting everything and filing on the two or three inventions the business cannot afford to lose.
How do we avoid filing on the wrong things?
Score every candidate against the same three questions: does it protect revenue, could we detect a competitor using it, and will it still matter in five years. Inventions that fail the test are often better held as trade secrets or published defensively, both of which cost far less.
Scope your first ten filings
Bring your product roadmap and whatever invention notes exist. In a free discovery call we can sketch the map, the harvest, and a realistic filing budget.
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ipCapital Group is a consultancy, not a law firm, and nothing on this page is legal advice. Dollar figures on this page are typical market ranges for professional IP services, drawn from published sources and industry experience across a variety of providers. They are not an ipCG quote or rate card; every ipCG engagement is individually scoped and priced. See how our pricing works.