Drawing up legal documents is a blessing and a curse. You need a shareholder/partnership agreement right away – before you invest your initial capital and well before you launch your business! All other documents can wait. If you have a lawyer in, or close to your team, they will pressure you to create a raft of documentation to ‘protect’ yourself.
At my first startup, we were convinced to develop a sales contract to get customers to sign when they bought our products. It was 20 pages long and cost a few thousand pounds. We never used it. Customers refused to sign it and made us sign their procurement agreements instead. And they paid us anyway.
Protecting your intellectual property, however, can be useful. Certainly, trademark your company name, logo, tag line, etc. Copyright your marketing materials. But think very carefully before going down the road of patenting your inventions.
Do the patent search to make sure you are not infringing upon anyone else. Perhaps start developing the materials you will need to execute a patent, but don’t engage a patent attorney until your (potential) investor insists and get them to pay for it.
Patents will cost you tens of thousands if you want to be covered across Europe, the US, and some other key markets. Patents basically put into the public domain your ideas and IP; anyone can then see what you are doing. If a large foreign company then decides to just take your idea and develop a product, it is up to you to sue them for infringement.
If you thought the cost of getting the patent was high, you will be shocked at the legal cost of defending it. I’m not saying never, but do it with eyes wide open and with the support of investors.
David Tee has over 35 years of experience in technology development, entrepreneurship, and international consulting. He has founded and worked in Cambridge IT startups, consulted for a Silicon Valley-based advisory firm, and supported the development of innovation-focused incubation services across the world. He is currently on assignment in Turkey, and lives between Europe and India.
There are many more ‘Ups’ (Heads up, Free up, Light up, Make up, etc.) in his book Upstart Ninja: So, you want to be a startup CEO?
https://upstart.ninja
David can be reached at davidphtee@gmail.com