The right time to consult with a patent attorney is when you have a clear idea of the invention you want to develop and at least some directions for your development. Consulting with a patent attorney on your IP or on the IP you wish to develop is best done sooner rather than later to enjoy the benefits of the experience and suggestions you may receive during a professional consultation.
Start-ups typically have needs that differ from those of established companies. Luzzatto and Luzzatto advise hundreds of start-up companies and recognize their particular needs. Accordingly, start-up-oriented programs at the firm allow for technical and financial flexibility for this particular sector.
Many start-ups don’t invest the time at the outset to learn what the most appropriate IP strategy for the company would be. Typically, this occurs because the founders are busy juggling too many activities. The result is that they defer consulting with a patent attorney to a time when they discover that they are missing the IP they need for business purposes or they file provisional patent applications that were not professionally drafted and don’t appropriately cover their inventions.
It is generally a bad idea to talk about your invention, even in general terms, before it is protected by filing a patent application because your invention may then lose novelty and become ineligible for patent protection. If forced into a situation where you have to do so (for instance, to obtain seed investment), you should have your counterpart sign an appropriate NDA (not one pulled off the Internet, but one drafted by a lawyer with your situation in mind).
Protecting developments is, more often than not, an ongoing process and not a one-time thing. A knowledgeable patent attorney will advise you about the right time to file patent applications and supplement them with additional filings.
Yes. We continuously assist start-up companies and have experience with hundreds of them, which led us to establish special programs with start-up tailored terms that allow us flexibility in advising young companies.