When founders think about patents, the focus is usually on the idea itself.
Is it new? Is it worth protecting? Should we file now or later?
But in practice, some of the most costly patent mistakes happen before a patent application is ever drafted. They stem from early decisions that affect timing, documentation, and how protection is approached from the outset.
Here are three common mistakes founders make.
1. Publicly disclosing the invention too early
One of the easiest ways to put patent rights at risk is by talking about an invention too soon.
This can include launching a product, presenting at a conference, posting details online, or sharing more than necessary before a protection strategy is in place.
In the United States, inventors generally have a one-year grace period after public disclosure. In some other jurisdictions, that window does not exist.
The result: once an invention is disclosed publicly, protection options may begin to narrow, sometimes significantly.
Protection does not always require filing immediately. In some cases, it involves more measured steps, such as using confidentiality agreements (NDAs) or carefully controlling how and when information is shared.
A simple rule many founders follow: file before you publish.
If you have an invention, speak to an IP lawyer who can help you ascertain how best to proceed to protect your rights.
2. Not documenting the invention at the beginning stage
Some founders assume they need a fully developed product before speaking with an IP lawyer. In most cases, that is not necessary.
What matters more is the ability to clearly articulate:
- what the invention does
- how it works
- what problem it solves
- what makes it different
Early, thoughtful documentation helps shape a stronger protection strategy and makes it easier to identify what is truly worth protecting.
It also allows your IP lawyer to draft with greater precision and, often, greater breadth.
An IP lawyer can help you determine if your invention is ready for protection yet or not.
3. Waiting too long to involve an IP lawyer
Another common mistake is waiting until after a product launch, investor conversation, or public pitch to start thinking about intellectual property.
By that stage, key decisions may already have been made, sometimes in ways that limit available protection.
In many cases, the most valuable legal input happens earlier.
An IP lawyer can help assess disclosure risks, evaluate what may be patentable, and think strategically about how broadly the invention should be framed.
The earlier that conversation happens, the more options tend to remain available.
Final thoughts
A strong patent strategy rarely begins with the application itself. It begins with the decisions made well before it.
For founders, the most significant early mistakes are often not about the strength of the idea, but rather about timing, documentation, and delaying the right conversations.
Getting those fundamentals right from the outset can meaningfully expand what is ultimately protectable.
If you are considering protecting an idea, an early conversation with an IP lawyer can help clarify your options and avoid missteps early on. The lawyers at BHW regularly work with founders at this stage and can help you navigate timing, disclosure, and protection strategy.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and you should consult an IP lawyer for advice specific to your circumstances.
