Patents for Entrepreneurs part 2

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Patents for Entrepreneurs – Part 2: From Basics to Strategy

Unlike software companies that can iterate fast, hardware and science-based startups need patent protection to survive. In this session, Lightbringer CCO Ola Wassvik breaks down exactly how patents work, why disclosure can kill your application, and how to use pending patents as a strategic weapon.

Key Takeaways from this webinar

1. Patents protect your business, not your technology – Think market position, not just legal coverage
2. Disclosure kills patentability – File before you pitch, publish, or present (even with NDAs)
3. A patent is a "negative right" – It doesn't give you permission to use your tech, it lets you stop others
4. Pending patents = strategic flexibility – You have 12 months to refine claims as your product and market evolve
5. Prior art search is non-negotiable – Understand what's already out there before you invest in filing

Why Patents Matter in Deep Tech

Deep tech companies face a unique challenge: without patent protection, competitors can legally copy your innovation. Copyright protects artistic works. Trade secrets protect processes you can keep hidden. But if your technology is visible in a product, patents are your only defense.

"If you haven't patent protected your technology, others are allowed to copy it."
— Ola Wassvik, CCO & Co-founder, Lightbringer

This isn't about legal technicalities. It's about business survival. A deep tech startup without patents is a company that anyone can replicate the moment it proves market demand.

Patents Are Business Tools, Not Just Legal Documents

One of the most common mistakes founders make is thinking about patents purely as legal protection. Ola reframes this: "Patents are not protecting your technology per se; they're protecting your business."

This shift in mindset changes how you approach patent strategy:

• Market size matters – Don't invest heavily in patents for a small niche
• Alignment with business goals – Every patent should serve a commercial purpose
• Timing matters – File before you need protection, not after

Before spending money on patent applications, ask: What am I actually protecting? The answer should be revenue, competitive position, and exit potential—not just "my idea."

How Patents Actually Work: The "Negative Right"

Here's something most founders don't realize: a patent doesn't give you permission to use your own invention. It gives you the right to stop others from using it.

This is called a "negative right." If someone else holds a patent on a component of your product, you may still infringe their patent, even while holding your own.

This means:

• One patent often isn't enough – If your product solves multiple problems, each may need protection
• Freedom to operate is separate from patentability – You can have a valid patent and still face infringement claims
• Patent strategy requires layered thinking – Protect the core innovation, but also the key components

Disclosure: The Silent Patent Killer

"Disclosure kills patentability."

This is one of the most critical points for founders to understand. If your technology has been publicly disclosed—at a conference, in a pitch deck, in a research paper, even in a conversation without an NDA—it may no longer be patentable.

What counts as disclosure:

• Publishing a scientific paper
• Presenting at a demo day or investor meeting
• Posting on your website or social media
• Sharing with potential customers without confidentiality agreements

The rule is simple: file before you share. Even NDAs don't fully protect you in all jurisdictions. The safest approach is to establish your priority date before any public communication.

Prior Art and Freedom to Operate: Two Concepts Every Founder Must Know

These terms sound technical, but they're essential for any patent strategy.

Prior Art is any existing knowledge that could prevent your patent from being granted. This includes published patents, academic papers, products on the market, and even public demonstrations. A novelty search helps you understand what prior art exists before you file.

Freedom to Operate (FTO) is different. It asks: can you sell your product without infringing someone else's patents? You might have a completely novel invention, but if it uses components covered by existing patents, you could still face legal action.

Why this matters:

• A strong novelty search saves you from filing applications that will be rejected
• An FTO analysis protects you from lawsuits after launch
• Both should be part of your patent strategy before significant investment

For more info read: How to do a Novelty Search

The Strategic Power of Pending Patents

Founders often rush to get a granted patent. But Ola argues that pending patents can be even more valuable in the early stages.

Here's why:

Strategic Flexibility – During the first 12 months after filing, you can modify and expand your claims. As your product evolves and competitors emerge, you can adjust your patent to cover the most valuable aspects.

Market Signaling – "Patent pending" status signals to investors, partners, and competitors that you've taken IP seriously—without locking you into narrow claims too early.

Adaptation Window – Technology changes fast. A pending patent lets you capture improvements and pivots that happen during development.

"Pending patents offer strategic flexibility."

The first year after filing is your window to strengthen coverage. Use it.

→ Related: The Power of a Patent Pending Status

Maximizing Your Patent Coverage

Ola offers practical advice on getting the most protection from your applications:

Add information during year one – You can supplement your application with new technical details, use cases, or embodiments discovered during development.

Use continuations wisely – After a patent is granted, continuation applications let you file new claims based on the original disclosure. This extends your protection window and lets you respond to market changes.

Think in patent families – A single filing can branch into multiple patents covering different aspects of your technology. Plan for this from the start.

What Should Founders Do Next?

1. Audit your disclosure history – Have you shared anything publicly? If so, evaluate what's still patentable
2. Run a novelty search – Understand the prior art landscape before filing
3. Align patents with business goals – Protect what creates value, not just what feels innovative
4. Use the pending period strategically – Don't rush to grant; refine your claims
5. Get expert guidance early – Patent strategy is too important to DIY

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About the Speaker and article writer.

Ola Wassvik is CCO and Co-founder of Lightbringer. As a serial founder who has managed over 300 patent families, he brings a practitioner's perspective to patent strategy, focused on business outcomes, not just legal boxes to check.

Disclaimer

‍This content is for general information only and should not be considered legal advice. Patent strategy depends on your specific technology, market, and jurisdiction. Always seek professional legal counsel before making IP decisions.

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