Startup IP Pitfalls: What Founders Miss Before Launch

Episode Summary:
In this insightful episode of Inherently Distinctive, Intellectual property attorney Mark Goodman unpacks the critical do's and don'ts of protecting your IP. From navigating entity structures and managing trademarks to understanding priority dates and NDAs, Mark breaks down key strategies startups need to know before going to market. Whether you're launching a tech product or scaling your brand, this episode provides practical legal guidance to safeguard your innovations and avoid costly mistakes. Learn why timing, ownership, and smart planning are the foundation of any strong IP strategy.

Key Timestamps:
01:15 – Why LLCs are often the go-to structure for startups
04:10 – Common pitfalls in ownership when founders start a business
07:30 – The danger of assigning IP to individuals or the wrong entity
10:45 – Who should own your patents and trademarks?
15:00 – Why trademarks shouldn’t always go in a holding company
17:13 – Understanding priority dates in IP filings
19:02 – How startups can lose IP through third-party contractors
21:00 – Using NDAs and IP ownership clauses with outside developers
23:01 – Should you worry about infringement? What to check first
25:01 – Patentability vs. freedom-to-operate: What’s the difference?
26:17 – Mark’s final advice for founders before launching

 

About the Show:

Inherently Distinctive is a podcast featuring attorney Mark Goodman, whose practice focuses on patent law, trademark law, copyright law, and business law related to innovation. The show provides valuable insights and practical advice for businesses and individuals navigating intellectual property matters.