top of page

Patent or Business, What Comes First ?

Navigating the Path to Entrepreneurship: Launching Your Business and Obtaining Your Patent.

At The Patent and Trademark Resource, we have a method to approach the design and patent approval process. With decades of experience, a trustworthy and vetted attorney directory, and over 10,000 patent illustrations created, we are here to serve your idea. But we don’t stop there. We also provide consulting and marketing services to take your product to market.

Embarking on the entrepreneurial journey is thrilling, especially when armed with a freshly patented product. Securing a patent is a significant milestone, marking the culmination of your innovative efforts. However, the question arises: should you establish your business before or after obtaining the patent?

The decision of when to form your business concerning the patent approval process is pivotal and depends on various factors. While there is no one-size-fits-all answer, weighing the pros and cons can guide you toward a more informed choice.

Business First, Patent Second

One key consideration is the time frame involved in obtaining a patent. The process can be lengthy, often taking several months or even years. During this period, you might face the dilemma of wanting to kickstart your business endeavors while ensuring the protection of your intellectual property.

Forming your business before the patent approval may allow you to establish a presence in the market sooner. This could involve building brand awareness, conducting market research, and securing early partnerships. However, the risk lies in potential leaks of your proprietary information before the patent is granted.

Patent First, Business Second

On the other hand, waiting until after the patent is approved ensures that your product is shielded by legal protection from the outset. This approach can be particularly advantageous if your product's uniqueness is a critical selling point. It provides a solid foundation for negotiating licensing agreements, attracting investors, and maintaining a competitive edge.

Amalgamation of Business and Patent Approval

A middle-ground option is to initiate the business formation process while the patent application is pending. This allows you to lay the groundwork for your venture without exposing the full details of your innovation. It's crucial, however, to exercise caution in disclosing sensitive information during this phase and to consult legal professionals to navigate the intricacies of intellectual property law. Additionally, consider the nature of your product and industry. Some businesses may require a more immediate market presence, while others may benefit from a more deliberate, patent-first approach.


Regardless of the chosen timing, assembling a knowledgeable team of legal experts is imperative. They can guide you through the intricacies of patent law, ensuring that your intellectual property is safeguarded throughout the process. In conclusion, the decision to form your business before or after obtaining a patent depends on various factors, including your product, industry, and urgency in entering the market. Striking the right balance between seizing early opportunities and protecting your intellectual property is critical to successfully launching a business post-patent approval.

To learn more about The Patent and Design Resource, visit our website. Or sign up for a Free Introductory Call.

Author John M. Wiley Founder/CEO Charles-Kenyon Marketing & Consulting Co-creator of The Patent and Trademark Resource

21 views0 comments


bottom of page