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theory1 min readLesson 11.2

IP strategy: patents, trademarks, secrets

Legal & Regulatory · 20 min

IP (Intellectual Property) strategy protects your competitive advantage. Four types of IP protection: (1) Patents — protect inventions (20 years), (2) Trademarks — protect brand names/logos (renewable indefinitely), (3) Trade Secrets — protect confidential business information, (4) Copyright — protects creative works including software code (automatic).

For medtech startups, patents on the device/algorithm + trade secrets on training data + trademark on brand = comprehensive IP protection.

Key Takeaways

  • Patents protect inventions for 20 years.
  • Trade secrets protect confidential info indefinitely.
  • Provisional patents buy 12 months at low cost.
  • IP strategy should combine multiple protection types.

Frequently Asked Questions

Which IP protection is most important for an AI-powered medical device?

Answer: Patent on the algorithm + trade secret on training data

Patent the novel algorithmic approach. Keep training data as a trade secret (it can't be patented but is extremely valuable). Together they create a strong moat.

How long does a patent last?

Answer: 20 years from filing

Patents last 20 years from the filing date, after which the invention enters the public domain.

What's the main advantage of trade secrets over patents?

Answer: Trade secrets never expire and don't require public disclosure

Patents require public disclosure and expire after 20 years. Trade secrets (like Coca-Cola's formula) last indefinitely — as long as you maintain secrecy.

A provisional patent application:

Answer: Establishes a priority date for 12 months at low cost

A provisional patent is a placeholder that establishes your filing date (priority date) for 12 months, giving you time to develop the invention and file the full patent.