Ask HN: Do provisional patents matter for early-stage startups?

9•gdad•1h ago

I am a solo founder building in AI B2B infra.

I am filing provisional patents on some core technical approaches so I can share more openly with early design partners and investors.

Curious from folks who have raised Pre-Seed/Seed or worked with early-stage companies: - Do provisionals meaningfully help in fundraising or partnerships? - Or were they mostly noise until later rounds / real traction?

I am trying to calibrate how much time/energy to put into IP vs just shipping + user traction at this stage.

Would love to hear real world experiences.

Comments

allinonetools_•1h ago

From what I have seen, early investors care far more about speed, adoption, and clarity of problem than provisionals. Patents help later, but at pre-seed/seed they rarely change a decision unless IP is the product. Shipping and learning usually wins.

gdad•51m ago

aligned. And that is also what i am focussed on. But a friend suggested this as an optionality and I am wondering if it makes sense.

hackitup7•1h ago

Typically not much, but in practice if you truly have a unique technical moat it's easy enough that I'd get a provisional patent in place just in case.

I would start accumulating patents at a gradual pace at around $100m ARR in preparation for IPO, assuming that you feel that is in the cards.

gdad•52m ago

Makes sense (do believe something big is on the cards). As a micro-entity, filing fees are nominal, so I guess it doesn't hurt.

wavemode•57m ago

What are you delivering? A physical product into someone's hands? If so, a patent can make some sense. If not, don't bother - patents for software are rarely worth the paper they're printed on.

gdad•51m ago

Why do you say so? Software patents are rarely guarded? Or something else?

apparent•56m ago

Could make sense to file provisional patents, just to be able to say you have them. Expect no one will actually look at them. And remember that if you don't file a follow up within a certain time, they die.

annoyingnoob•51m ago

You might consider a non-disclosure agreement with parties that you need to share things with.

gdad•41m ago

doesn't that put people off? Like in early conversations?

SkyPuncher•31m ago

There are exceptions to ever rule, but generally patents are (1) not incredibly important in software (2) solving a question that's secondary.

The biggest risk to building a startup isn't "can I build this thing" (feasibility risk). It's "will people even care if I build this thing" (value risk) then "can I do it in a way people use" (usability risk). Patents help solve business risk, but that's generally considered to be the 4th (and last) of the risks.

There are exceptions where patents do need to be filed first or the business viability dies. However, I generally assume that if you've addressed value, usability, and feasibility risks to create something truly meaningful, your competitors will find a work around to deliver the same value, usability, and feasibility without infringing on your patent. Thus, patents, are nothing but a minor inconvenience. In some cases, the public filing of a patent, can give your competitors a leg up on competing with you.

https://www.svpg.com/four-big-risks/

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