When building new technologies, whether in food-tech, agri-tech, or alternative proteins, two questions always surface: What’s our TRL stage? and Do we need to file a patent application?
TRL-Based Patent Strategy: How to File the Right Patent at the Right Time for Tech Startups?
The TRL scale (1-9) is the global language of R&D maturity. But too often, patent filings are made without considering where the technology really stands on that scale. The result: patents that are too vague, too wide, too narrow, or too expensive to maintain, leaving startups exposed when it matters most.
Aligning Patent Filings with Technology Readiness Levels
A smarter way forward is to link patent strategy to TRL milestones. Each stage brings its own opportunities and risks, and the right filing choice can make the difference between burning cash and building assets.
TRL 1-3 (Basic Research & Proof of Concept)
At this stage, the science is still fluid. You know the technology works, but the data is anecdotal. The goal is not to lock into details but to secure a priority date.
Best tool: Provisional patent application (or local equivalent).
- Flexible, low-cost placeholder.
- Captures novelty while leaving room to refine later.
- Avoids overcommitting before the direction is clear.
Mistake: skipping this step and losing the chance to claim early ownership once results are published or shared.
TRL 4-6 (Validation, Prototype, Pilot Scale)
The technology is now real enough to be tested in the deep waters, and competitors are lurking. You know the technology works, and you also know its limits. Provisional filings must be upgraded.
Best tools: PCT application or non-provisional filing in home market.
- PCT buys 18-19 months of time while testing technical and commercial value.
- Patent claims should be sharpened to reflect the prototype, not just lab ideas.
- Example: a fermentation startup at TRL 5 files a PCT to secure global rights while confirming its host strains don’t infringe third-party rights.
TRL 7-9 (Demonstration, Scale-Up, Market Entry)
Now the stakes are highest. Investors, regulators, and partners demand clarity. Pending filings must mature into enforceable rights.
Best tool: National phase filings (based on PCT) or direct national applications in key markets.
- Ensure at least one patent application is on record before fundraising or product launch.
- File divisionals/continuations to cover design-arounds.
- Supplement with trade secrets (e.g., formulations, cell culture media, process tweaks).
- Example: a cultivated meat company at TRL 8 not only files national applications but also secures claims around its scalable production method, creating barriers to entry.
The mistake I see too often: filing a PCT too early (when the invention isn’t stable), with Provisional-grade data.
The better way: stage your filings in sync with TRL progress, so patents grow stronger as your technology matures.
Making TRL-Informed Patent Decisions
A smarter way forward is to link patent strategy to TRL milestones, so patents grow stronger as your technology matures. The right filing choice can make the difference between burning cash and building assets when it matters most.
Ask yourself: Is our filing strategy aligned with your TRL stage? it might be time we talk.
