9 Mistakes International Startups Commit While Filing Patents – And How to Avoid Them
- Gaurav Khandelwal
- May 26
- 4 min read

For early-stage startups with revolutionary innovations, patents are a key asset that can drive long-term success. Yet, patenting across the world comes with many traps that can undermine protection, waste resources, or leave expensive legal weaknesses.
Below are nine patent filing blunders international startups commit—and how to avoid them.
1. Revealing Innovations Too Early
Numerous zealous entrepreneurs promote their inventions in pitch competitions, trade shows, or on social media before they have patent protection. This seemingly harmless advertising can be disastrous for patent rights.
The vast majority of nations follow a "first-to-file" system, and public disclosures prior to filing will invalidate your eligibility for a patent. Although the US has a grace period of one year, most other nations do not have such leeway.
Solution: Implement strict confidentiality protocols before filing. Use well-drafted NDAs with anyone who needs access to your innovation, and train team members on disclosure boundaries. File at least a provisional application before any public revelation of your technology.
2. Underestimating International Filing Strategy Complexity

Many startups file domestically first without considering their international commercialization strategy. This reactive approach often leads to missed deadlines and lost protection in critical markets.
Solution: Develop a comprehensive filing strategy aligned with your business plan before your first filing. Identify target markets early and understand the Patent Cooperation Treaty (PCT) system, which provides a 30-month window to decide which countries to enter while maintaining your priority date.
3. Drafting Overly Narrow Claims
New inventors tend to scope claims too narrowly to their particular implementation instead of the general innovation. That leaves competitors with a lot of room to design around your patent while appropriating your core idea.
Solution: Hire patent lawyers familiar with your technology space to write claims of the correct scope. Incorporate several sets of claims with different scopes to build a "fence" around your idea. Think through possible workarounds and address them in dependent claims.
4. Neglecting Prior Art Searches

Startups tend to cut corners on prior art searches to minimize cost, only to find out afterwards that existing similar patents exist—making their applications susceptible to rejection or invalidation.
Solution: Invest in prior art searches by professionals prior to filing. The searches enable you to grasp the patent landscape, locate possible hurdles, and define the novelty of your innovation better. Document how your innovation is different from or better than available solutions.
5. Confusing Patent Pending with Protection
A lot of founders assume that "patent pending" status grants them automatic legal protection against infringement. In reality, you can only obtain enforcement of patents once they're issued—which could be years later.
Solution: Establish complementary protection strategies during the waiting period for grants of patents. These could be trade secrets for production processes, copyright for programs, trademark protection for brand aspects, and product launch timing.
6. Not Allocating for the Entire Patent Life

Startups often under estimate patent expenses, allocating only for initial filing but forgetting examination fees, attorney replies, maintenance fees, and international filing fees.
Solution: Develop a complete five-year patent budget that includes every possible cost. For global protection, budget translation costs, local counsel fees, and maintenance fees in each country. Periodically review and revise this budget as your patent strategy changes.
7. Failure to Align Patents with Business Strategy
Startups too frequently file patents without explicit business goals, securing technologies not core to their competitiveness or revenue streams.
Solution: Prioritize patent investments for their impact on the business. Invest in innovations that will differentiate your core products, build high barriers to entry, or involve potential licensing opportunities. Make regular evaluations of your patent portfolio against changing business goals.
8. Mismanagement of Inventor Attribution

Incorrect designation of inventors—omitting rightful contributors or crediting non-inventors—can make patents unenforceable or susceptible to disputes over ownership.
Solution: Document invention development processes in detail. Recognize that inventors are the individuals who made contributions to the conception of the invention (not implementation). Have clear
IP assignment agreements with every employee, contractor, and co-developers from day one.
9. Failure to Take Full Advantage of Patent Prosecution Highway Opportunities
Most startups overlook chances to speed up patent examination using global collaborations such as the Patent Prosecution Highway (PPH), where success in one jurisdiction can be used to accelerate others.
Solution: Carefully order your filings to maximize PPH advantages. File initially in jurisdictions with more rapid examination procedures if that is part of your business model, then utilize those favorable results to speed up examination in other places.
Building a Resilient Patent Strategy

For international startups, successful patent protection involves forward-thinking beyond mere filing. By steering clear of these frequent blunders, you turn patents into action-packed business weapons that protect your innovation's value in international markets.
Keep in mind that patent strategy should mature with your business—what is effective at seed stage might require adjustment as you expand. Periodically discuss your portfolio with experienced IP counsel familiar with both your technology and global patent spaces.
Above all, embed patent strategy into your overall business planning. By aligning well with your commercialization plan, market entry timing, and funding plan, patents can become not only protection mechanisms but potent aids to attracting investment, deterring competition, and creating sustainable value.
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