Intellectual Property Considerations for VC-backed Startups

Intellectual Property Considerations for VC-backed Startups

As a VC-backed startup, there are many intellectual property considerations to take into account. Intellectual property (IP) is essential for any startup because it provides protection for the company’s innovations and investments while helping in building the company’s brand and reputation.

This article will explore some of the most crucial intellectual property considerations for VC-backed startups.


Patents are one of the most valuable forms of intellectual property protection. They give the owner the exclusive right to produce, use and sell the product or idea that is patented. Patents can cover new inventions, processes, machines, and even software. A strong patent portfolio is particularly valuable for startups because it can offer a competitive advantage and help to attract investors.


Trademarks protect company names, logos, slogans, and other brand identifiers. The key to creating a strong trademark is choosing a distinctive name or symbol that is easily recognizable to consumers. Trademarks can be registered at the state or federal level and are valid for a certain period, usually 10 years. A strong trademark can help a startup build brand recognition and increase consumer trust.


Copyrights protect original works of authorship, such as books, music, and software. Copyrights are automatically granted to the creator of the work and can last for the life of the author plus 70 years. Startups need to be diligent about protecting their copyrighted materials. It’s common for founders to share code or design work with contractors, and a poorly drafted contract can result in the loss of intellectual property rights.

Trade secrets

Trade secrets are valuable information, such as formulas, patterns, and business practices, that a company keeps confidential. Unlike patents, trademarks, and copyrights, trade secrets don’t expire. Startups often rely on trade secrets to maintain a competitive edge, and it’s essential to have strong policies in place to protect confidential information.

Due diligence

Before investing in a startup, VCs will typically conduct due diligence to make sure the company has a strong intellectual property portfolio. They will look for evidence of patents, trademarks, copyrights, and trade secrets and verify that the company is not infringing on the intellectual property of others. Startups need to be prepared to demonstrate the strength of their IP portfolio, and this can involve working with IP lawyers and outside consultants.


In conclusion, VC-backed startups need to prioritize intellectual property protection to ensure their innovations are secure and protected. By developing a strong IP portfolio, startups can create a competitive advantage and attract investment. This involves taking steps to protect patents, trademarks, copyrights, and trade secrets and being prepared to demonstrate the strength of the IP portfolio to potential investors. By doing so, startups can set themselves up for long-term success.