Building a Defensible IP Portfolio in Deep Tech

Fenwick & West LLP
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Fenwick & West LLP

Deep tech companies operate in high-stakes environments where technology differentiation is everything. A weak or fragmented IP strategy early on can lead to missteps that are difficult to unwind later.

A defensible IP portfolio should:

  • Start early – Too many deep tech companies delay IP filings until after funding rounds. Investors will ask about your IP protections—if you don’t have an answer, it raises red flags.
  • Cover multiple asset types – A strong IP strategy doesn’t just mean patents. Trade secrets, trademarks, and copyrights all play a role.
  • Ensure freedom to operate – Many startups assume they’re safe from infringement risks, only to run into problems years later. Conducting an IP landscape review early prevents costly surprises.

According to the 2023 PitchBook Patent Research Report, deep tech startups that proactively file for patents raise more capital and command higher valuations.

The best time to think about IP is not after you launch a product, hire engineers, or close a funding round. The best time is at the beginning—when you are setting your company up for long-term success.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Fenwick & West LLP

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