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GUIDE

What is a patent, in founder terms

A patent is a time limited right to stop others from making, using or selling your invention. Here is what that means in practice.

The deal

You disclose how the invention works in public; in exchange the government gives you the right to exclude others from it for 20 years from the filing date. It is a right to exclude, not a right to use.

What can be patented

A process, machine, article of manufacture or composition of matter that is new, useful and not obvious. Software and AI inventions qualify when the claims describe a specific technical improvement, not an abstract idea. That is the Section 101 line, and drafting decides which side you land on.

What cannot

Abstract ideas, laws of nature, natural phenomena. A business method dressed as software. Something already public, including your own launch more than a year ago in the US.

Why a startup wants one

Leverage in a competitive market, a stronger diligence story at fundraising or acquisition, a licensable asset, and a defensive position if a larger company comes after you.

What it is not

A trademark protects a name or logo. A copyright protects code as written, not the idea behind it. A trade secret protects what you keep secret. Patents protect the functional invention.

This guide is general information, not legal advice, and does not create an attorney client relationship. For your situation, book a free call with your attorney.

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