How To Founder

201 Why Your First Pitch Can Kill Your Patent Rights


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The moment you start selling your invention, the clock to losing your patent rights starts ticking.

Anthony Franco, Chris Franks, and Stephanie Hayes break down intellectual property for early-stage founders — from why investors won't sign your NDA (and what that signals about you) to the difference between patents, trade secrets, and doing nothing at all. They cover when to file a provisional patent (before your first pitch), why patents are defensive tools rather than competitive weapons, and the uncomfortable truth about enforcement: a patent you can't afford to litigate isn't protection, it's theater.

The episode unpacks the Dippin' Dots case, the on-sale bar that can destroy your patent before you file, and why for most founders, the best IP strategy starts with building a great company rather than filing expensive paperwork for an idea still looking for a market.

Keywords: intellectual property, patents, trademarks, trade secrets, provisional patent, startup IP, NDA, patent filing, founder strategy, intellectual property protection

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How To FounderBy Anthony Franco