A STARTUP’S GUIDE TO NAVIGATING INTELLECTUAL PROPERTY

Understanding intellectual property is essential for innovators and early-stage businesses. At Hylton-Rodic Law, we’re often asked these key questions. Here are our quick answers to help you get started:


1. What types of intellectual property exist?

2. How do I determine if my invention is patentable?

Determining whether an invention is patentable is a crucial step for startups. To be considered patentable, an invention must meet three key criteria: it must be novel, non-obvious, and useful. Conducting a comprehensive patent search and obtaining a legal evaluation can help startups assess if their idea meets these requirements and has not already been claimed by someone else.

3. What distinguishes a patent from a trademark or copyright?

4. When should I file for IP protection?

5. How long does each type of IP protection last?

6. Can I protect my IP internationally?

Yes, but IP rights are territorial. You need to file in each country or use international systems like the Patent Cooperation Treaty (PCT) or the Madrid Protocol for trademarks.

7. What steps should I take if someone infringes on my IP?

8. How can I safeguard trade secrets?

Use non-disclosure agreements (NDAs), limit access to sensitive info, and implement internal safeguards like encryption or access controls to protect confidential business information.

9. What are the costs associated with IP protection?

Costs vary based on what you’re protecting. For startups, here’s a rough range:

  • Provisional patent: $1,000–$3,000+

  • Utility patent: $5,000–$15,000+

  • Trademarks: $250–$1,500+

We also offer custom pricing and startup-friendly guidance to help you choose the right path.

10. How does IP protection enhance my business's value?

IP creates barriers to competition, increases investor confidence, strengthens brand equity, and can be licensed or sold, making it a valuable asset for fundraising, partnerships, or exit strategies.


Want to dive deeper? We’ve helped hundreds of founders protect what matters most.

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