“Should I protect my process or my product?”
“Can you tell me more about your process or your product?”
“No, I am just checking what the consensus is.”
Ever had a conversation like that? If you did, chances are you are either (a) a founder looking for free advice, or (b) a patent attorney being hit for the 1000 time with a question from a founder looking for free advice.
Why is this question so prevalent despite being so irrelevant? Because there are many founders, but there are only a few patent attorneys which know it’s irrelevant.
Why is it irrelevant? Because, as in Ludwig Mies van der Rohe’s famous quote, “God is in the details”.
My guy Ludwig was talking about architecture, but it holds for patent protection too.
So, 5 things to consider when you must decide between either your process, or your product, for patent protection:
- Where do you plan to practice your process? In-house or in a 3rd-party facility?
- Does your process leave any identifiable markers in your product?
- Who will you be selling your product to? B2B or B2C or both?
- Will your product be used as an ingredient in another product?
- How many ways you know to characterize your product?
If you are a founder, or an investor, and want to understand why these questions are the ones to ask, and how each one of your answers may tip the scales in one way or the other, let’s talk.
TL;DR: Why the “Process or Product?” question misses the point—and what really matters
- It’s not about choosing process or product; the right strategy depends on your business specifics.
- Key factors: where your process runs, product’s unique markers, customer type, product use, and characterization methods.
- Founders and investors who get these details right can craft stronger, more targeted IP protection.
Check out my IP solutions for startups and my IP due diligence services for VCs.
