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Patent First

The first question in my hardware risk assessment is a short one — and the most expensive one to skip. File the patent before you share a single drawing.

Case file — FN-NN
Topic
Patent & IP protection
Stage
Before any drawings leave the building
Risk
Idea shared with OEM / ODM / CM before filing
Exposure
Years of litigation, vendor moves assets and vanishes, startup collects nothing
Fix
File first — priority date, PCT, national phase, NDA and need-to-know sharing

The one question that comes first

The first question in my hardware risk assessment is a short one — and the most expensive one: "Have you filed the patent for your idea?"

That's it. One line. But skip it, and everything else on the checklist won't matter.

On the factory floor
Before the drawings go out, the paperwork should already be filed

File before you share

Whether your hardware partner or CM is an OEM or ODM, file the patent before you share any draft drawings. No exceptions, no "they seem like nice people."

Three things to nail down early

Lock in your priority date as soon as possible — a provisional filing works — then file the PCT within 12 months.

Remember: PCT is a placeholder, not protection. You still need to enter the national phase in each target market — and some markets (hello, Taiwan) aren't PCT members at all, so file there directly.

Share only the drawings each supplier actually needs, with as few suppliers as possible, and under NDA.

About NDAs

There's a Chinese saying: they stop gentlemen, not thieves — 防君子不防小人. Some vendors will still take your idea and run. And when you find out? Welcome to years of litigation and legal bills.

I've seen a company lose the lawsuit, quietly move all its assets, and vanish. The startup won in court and collected exactly nothing. Startups don't have the time, cash, or energy for that fight.

The fix

1. Lock in a priority date early with a provisional filing, then file the PCT within 12 months.

2. Enter the national phase in each target market; file directly in non-PCT markets like Taiwan.

3. Share drawings on a need-to-know basis, with as few suppliers as possible, under NDA.

Protect your idea like it's the only one you've got — because for most startups, it is.

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