Five essential IP strategy tips for deep tech startups
Patent strategy evolution and pivot points - Q&A
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This is a single article from the Patent Strategist Volume 1. Download the whole thing here.
How does patent strategy need to evolve and pivot through the funding stages of an emerging life sciences company?
Monika Rai - Partner, UK and EU Patent Attorney, Solicitor, UPC Representative
Patents are core business assets for emerging life sciences companies that underpin fundraising,
partnerships, and potential exits.
Patent strategy needs to evolve from seed to exit stage, keeping pace with available resources as well as commercial objectives.
At the seed stage, with limited resources and high financial uncertainty, the filing strategy is usually to protect the company's core innovation at the lowest cost possible,
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while more funding can be obtained.
At the seed and Series A stages, investors can accept a lean patent portfolio. The priority is capturing core inventions early, maintaining options and avoiding premature disclosures. Filing strategies at this stage should emphasise broad concept coverage and speed.
By Series 8, investors expect to see a more refined filing strategy and a broader portfolio with competitors in mind and containing defensive as well as potentially offensive patent filings to secure a competitive edge. This is also the time to consider follow-on filings with emerging clinical data, formulations, dosing, biomarkers, patient sub-populations, and building a patent thicket that extends the commercial runway.
Freedom-to-operate analysis becomes essential as products come close to launch.
Global filings must align with planned trial geographies and future markets, and regulatory exclusivities (SPCs, PTEs) should be incorporated into long-term planning. Companies approaching later rounds or IPO must also ensure watertight ownership, assignments, licensing terms, and a diligence-ready data room. Hence, patent strategy must mature from reactive protection to proactive value
What are some unusual strategies for value creation using patents?
Patents are core business assets for emerging life sciences companies that underpin fundraising,
partnerships, and potential exits.
Patent strategy needs to evolve from seed to exit stage, keeping pace with available resources as well as commercial objectives.
At the seed stage, with limited resources and high financial uncertainty, the filing strategy is usually to protect the company's core innovation at the lowest cost possible,
18
while more funding can be obtained.
At the seed and Series A stages, investors can accept a lean patent portfolio. The priority is capturing core inventions early, maintaining options and avoiding premature disclosures. Filing strategies at this stage should emphasise broad concept coverage and speed.
By Series 8, investors expect to see a more refined filing strategy and a broader portfolio with competitors in mind and containing defensive as well as potentially offensive patent filings to secure a competitive edge. This is also the time to consider follow-on filings with emerging clinical data, formulations, dosing, biomarkers, patient sub-populations, and building a patent thicket that extends the commercial runway.
Freedom-to-operate analysis becomes essential as products come close to launch.
Global filings must align with planned trial geographies and future markets, and regulatory exclusivities (SPCs, PTEs) should be incorporated into long-term planning. Companies approaching later rounds or IPO must also ensure watertight ownership, assignments, licensing terms, and a diligence-ready data room. Hence, patent strategy must mature from reactive protection to proactive value