Intellectual property (IP) is at the core of any successful strategy for a technology-orientated company. This is because founders and start-ups can use intellectual property to protect the core of their business idea.

Start-ups and founders should therefore consider a well thought-out IP strategy from the outset and deal with the topic of "intellectual property" at an early stage.

What is intellectual property?

Intellectual property (IP) is a general term that refers to the ownership of ideas, creative works and inventions. It is possible to protect these intellectual achievements with a variety of property rights. Protected intellectual property offers great advantages for building a successful startup.

For startups, IP is a great asset that can be used to protect ideas and products. A well thought-out IP strategy can help to protect the business idea on which the start-up is based against the competition. Through patents, trade marks, design protection and copyright, start-ups can ensure that they have exclusive rights to their work and their success.

Property rights and IP also serve to establish the company and brand with customers. With well thought-out and protected brand recognition, products or services can be more easily recognised and differentiated from the competition. This leads to better customer loyalty and more sales.

Intellectual property not only increases the value of the company, but also makes it easier for investors to participate. This is because they want security for their investments. IP rights offer this security, even if the start-up does not succeed.

What types of intellectual property are there?

The most common types of intellectual property can be divided into two categories: industrial property and copyright.

Industrial property includes patents, trade marks, industrial designs and geographical indications. Patents protect inventions or products, but are only granted after examination of various criteria LInk
A trademark is a recognisable sign or design. Industrial design protection includes the look and feel of a product or its packaging. The protection of geographical indications is intended to ensure that products originate from the region with which they are advertised.

Copyright law protects the authors of music, literature, art, software and architecture.
By protecting trade secrets, a company can ensure that confidential business information that is only known to a certain group of people within the company does not leak out. For example, the customer directory, recipes or a specific production method.

Why is it important for start-ups to understand intellectual property?

IP und Patente können zwar nicht die Geschäftsidee schützen, aber im optimalen Fall die der Geschäftsidee zugrundeliegende Technologie und damit den Kern des zukünftigen Unternehmens. Zudem dokumentiert IP nicht zuletzt die Technologieführerschaft. Daher brauchen Gründer eine fundierte IP-Strategie von Anfang an. Mit Patenten oder der Registrierung einer Marke können Startups sicherstellen, dass ihre Produkte oder Ideen geschützt sind. Das kann ein Wettbewerbsvorteil gegenüber den MItbewerbern sein, da diese die Idee nicht einfach kopieren können. Außerdem kann der Schutz dabei helfen, eine einzigartige Marke zu etablieren.

Der Schutz der Innovationen durch Patente oder Marken kann zudem dazu dienen, sich für rechtlichen Maßnahmen zu schützen. Bei Verstößen gegen die Startup-IP ist das Unternehmen in der Lage, rechtliche Maßnahmen zu ergreifen.

Although IP and patents cannot protect the business idea, they can ideally protect the technology on which the business idea is based and therefore the core of the future company. IP also documents technological leadership. Founders therefore need a solid IP strategy right from the start. With patents or the registration of a trade mark, start-ups can ensure that their products or ideas are protected. This can be a competitive advantage over competitors, as they cannot simply copy the idea. Protection can also help to establish a unique brand.

The protection of innovations through patents or trade marks can also serve to protect against legal action. If the startup IP is infringed, the company is in a position to take legal action.

How can startups protect their intellectual property?

Intellectual property (IP) is valuable for every startup. IP is at the core of any successful strategy for a technology-orientated company. Although IP and patents cannot protect the business idea, they can ideally protect the technology on which the business idea is based and thus the core of the future company. In addition, IP also documents technological leadership. Founders therefore need a sound IP strategy right from the start.

Firstly, founders should define which technology or product design needs to be protected. Then it must be clarified which type of property right is suitable. A well-founded IP strategy makes sense, especially in the start-up phase, so that the core idea of the start-up is protected.

TLB offers IP advice to founders and start-ups in the deep tech sector. Following a free initial consultation, the service includes a comprehensive analysis of IP rights and IP strategy for technology-orientated companies in the start-up phase.

Contact persons are Dirk Windisch and Leon Windel, phone: 0721/ 79004-0 or info(at)tlb.de