Answers · IP Strategy & Portfolio
When should a startup file its first patent?
Updated June 2026
The short answer
File before any public disclosure, demo, sale, or publication you cannot control, and after the invention is enabled, meaning you can describe how to build it in working detail. The US gives inventors a 12-month grace period after their own public disclosure; most other countries give none, so launching before filing typically forfeits foreign rights permanently.
For most startups the practical answer is a provisional application on the core invention shortly before the first uncontrolled disclosure: a launch, a trade show, a published paper, or a demo day.
The dates that control everything
The US has been a first-to-file system since 2013, so the race is to the patent office rather than to the invention. Your own public disclosure starts two clocks at once: in the US, a 12-month grace period within which you can still file; in most other countries, immediate loss of novelty and with it the right to patent there at all. Public disclosure is broader than founders expect, and can include conference talks, published papers, crowdfunding pages, pitch events without confidentiality, and sales or offers to sell.
This is general information rather than legal advice, and the edge cases are genuinely tricky. Filing and the disclosure-risk judgment belong with a registered patent attorney or agent; ipCG is a consultancy, not a law firm.
Filing too early is also a mistake
A patent application protects only what it teaches. File before the invention is enabled, while the design is still a sketch, and you get a priority date attached to a description too thin to support strong claims. Provisionals do not escape this: a provisional is only as good as its technical content, and its 12-month conversion clock starts immediately, so filing a placeholder too early forces the expensive conversion decision before the product has taught you anything.
The window you want is after the core mechanism is worked out in buildable detail, and before anyone outside your NDAs sees it. For most startups that window is weeks to months wide, which is enough time to do the disclosure properly.
A trigger list founders can use
Treat any of these as a filing trigger if the invention matters: a public launch or beta, a demo day or pitch competition, a trade show booth, a published paper or preprint, a customer pilot without a signed NDA, or a manufacturing conversation overseas. Work backward from the earliest one on your calendar and get counsel the disclosure material several weeks ahead.
What makes the filing strong is the document behind it. Our disclosure work exists for exactly this handoff: structured inventor interviews, prior art context, and claim-oriented drafting that counsel can file from directly. In our experience strong disclosures can cut prosecution time by 30 to 40 percent.
Related questions
What does a provisional application cost?
USPTO provisional filing fees are in the low hundreds of dollars for small and micro entities, and published estimates commonly put a properly drafted provisional in the low thousands in attorney fees. The cheap-looking option, self-drafting a thin provisional, often costs the most later.
Is pitching investors a public disclosure?
Often treated as confidential in practice, and VCs rarely sign NDAs, which leaves a gray zone. The safe sequence is to file at least a provisional before the roadshow. Ask a patent attorney about your specific situation rather than relying on custom.
Can we rely on NDAs instead of filing?
NDAs manage disclosure; they do nothing about competitors inventing the same thing independently and filing first. In a first-to-file system, the NDA-only strategy loses the race silently. NDAs and filings are complements rather than alternatives.
We already launched. Have we lost everything?
In the US, generally not yet: the 12-month grace period from your own disclosure may still be open, and post-launch improvements may be independently filable. Foreign rights are likely impaired. See a patent attorney promptly, because the remaining clock is unforgiving.
Get filing-ready before the deadline you already have
If there is a launch, demo day, or paper on your calendar, work backward from it with us. A free discovery call is enough to map the timeline and the disclosure work.
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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.