For many early-stage startups, especially in agri-food and deep-tech, the pressure to show traction is immense. Investors ask: “Do you have revenue?” Potential partners ask: “Can we taste it, touch it, test it?” The temptation is strong to sell prototype samples early.
But this seemingly simple act is full of contradictions.
Revenue vs. Risk
Pro: Selling prototypes demonstrates market interest and can be reported as revenue. Even small sales validate demand.
Con: A sale is legally a commercial act. For intellectual property, this can start the clock on patent deadlines or even create prior art. What felt like traction may limit future IP rights.
Validation vs. Vulnerability
Pro: Customers testing prototypes give valuable feedback, allowing iteration and improvement. In agri-food, letting chefs try an alternative protein can shape the next version.
Con: Once a prototype is out, control is lost. Reverse-engineering, leaks, or unintended use may expose the company before protections are in place.
Speed vs. Strategy
Pro: Early sales accelerate relationships with distributors, regulators, or B2B partners. It signals readiness.
Con: Selling too early may expose immature technology. A product that isn’t yet optimized could lead to disappointing first impressions—sometimes harder to fix than the tech itself.
Cash Flow vs. Costs
Pro: Even modest revenue eases cash burn and impresses investors.
Con: Preparing prototypes for sale (packaging, compliance, testing) often costs more than it earns. Worse, if sales trigger regulatory obligations, compliance expenses can multiply.
Proof vs. Perception
Pro: “We have paying customers” is a powerful phrase in any pitch.
Con: But if those customers are buying a prototype—not a finished product—investors may view it as premature, or worse, as window dressing.
IP vs. Market Pressure
Pro: Selling validates that the innovation solves a real problem.
Con: Public disclosure without protection risks losing exclusivity—the very thing that makes a startup attractive to investors.
This is similar to the risks of handling competitor samples — whether it’s material or knowledge, early exposure can create hidden IP traps if not managed carefully
Strategic Decision-Making
So what should startups do?
The answer isn’t binary. Each decision must weigh short-term gains against long-term risks. The key is not avoiding contradictions, but managing them deliberately. With proper IP strategy, clear agreements, and a staged commercialization plan, startups can enjoy the benefits of early sales while minimizing the downsides.
In my experience as a fractional IP director, I’ve seen startups that balanced this tension well—and secured both strong IP portfolios and strong early traction. I’ve also seen others…
Conclusion
Selling prototypes is a rite of passage decision for many startups. Taken hastily, it can block future growth; taken strategically, it can accelerate it.
If your startup is facing this dilemma, make sure you have the right guidance.
Key Takeaways:
- Assess IP implications first – Understand how prototype sales affect patent deadlines and prior art creation before making any sales
- Plan staged commercialization – Develop a strategic timeline that balances market validation needs with IP protection requirements
- Secure proper agreements – Use NDAs, limited licenses, and controlled distribution to maintain protection while gathering market feedback
