So, apparently, I should patent this. That’s what everyone tells me. But should I?
That’s the first thing people say when you tell them about your product. At first, I thought that made perfect sense. After all, if you don’t protect your idea, someone else will steal it, right?
But as a first-time founder, stepping into this world of building a product, a brand, and a company all at once, I quickly realized something: everyone has an opinion. Not just any, but a pretty strong one. Even those, who rather shouldn’t.
Talk to a lawyer, and they’ll tell you that you need a patent before talking to anyone. Speak to someone who’s built a startup before, and they’ll say patents are useless unless you can afford to defend them. A VC might say, “Sure, it’s nice to have, but your go-to-market speed matters more.” Someone else will tell you NDAs are the most important thing, while another person will laugh and say nobody signs NDAs anyway.
One minute you’re moving forward. The next? You’re drowning in advice.
I reached a point where I felt completely paralyzed by all the input, all the supposed „must-dos,“ all the „don’t-you-dare-to-dos“, all the conflicting opinions. I didn’t know what to think or do anymore.
One topic that especially threw me into this spiral? NDAs, patents, and the question of how to protect what we’re building.
Layer 1: The NDA Myth
One of the first things I heard was: „Don’t talk to anyone without an NDA.“
And while I get where that advice is coming from, it honestly felt completely detached from reality.
Because let’s be real—ideas don’t just suddenly materialize in a fully formed, market-ready state. Most products evolve because someone experiences a real-life pain point and starts thinking about how to solve it.
Does anyone truly believe that (other) founders never talk about their early ideas with friends, family, or colleagues before a lawyer steps in with an NDA? Well, we didn’t. Of course not. We never casually bounced ideas around with friends, never talked about it before realizing we might be onto something. Never. Just like all the other founders, right?
When we started reaching out to investors, manufacturers, and potential partners, we quickly learned that asking for an NDA before even having a conversation was a non-starter. Investors won’t sign one before even hearing your pitch. Manufacturers won’t sign one before knowing if your product is worth their time. Even potential partners hesitate—because, let’s be real, ideas are cheap. Execution is everything.
But beyond that, there’s a practical reason why so many investors and companies won’t sign NDAs from an early-stage startup:
- If you present them an NDA drafted by a lawyer, they need to run it by their own lawyer—which means an upfront investment on their end. And unless they already know the conversation is worth it, they simply won’t do it.
- Also, before they even know what your product is about, they can’t sign an NDA. Why? Because they don’t know if they’ve already heard or publicly discussed the same idea (or parts of it) with other startups. Signing could put them in legal risk they don’t want.
Not worth the hassle. We’ve learned that firsthand.
At some point, we had to accept that if we wanted to move forward, we had to be willing to talk openly. Because keeping an idea locked away out of fear wasn’t going to build a business. At least not ours.
Layer 2: The Patent Illusion
Okay, so no NDAs. What about patents?
The more I looked into it, the more I started questioning whether a patent would even give us the protection we hoped for. At first, it seemed like the obvious thing to do—file a patent, secure our idea, and prevent others from copying it. But the deeper I dug, the more cracks I saw in that logic.
- For starters, filing a patent doesn’t mean you’re protected—it just gives you the right to fight in court if someone copies you. And legal battles? They’re brutally expensive.
- Then there’s the reality that patents, especially utility patents, are incredibly hard to get and even harder to defend. You could spend thousands filing one, only to find out it gets rejected or worse—it infringes on someone else’s patent.
- And even if you successfully patent your product, you’ll still get copied. The moment something gains traction, someone will find a way to work around it. Because patents are a technology-based protection, and unless you have an entire ecosystem of technology to patent, they are shockingly easy to bypass. Change one small thing, and suddenly the patent doesn’t apply anymore.
So, what’s the real value of a patent in a case like ours? Serious question—for a friend
And then there’s the NDA problem, which ties directly into the patent problem. The moment you discuss your idea in detail with a third party, you risk losing the ability to patent it altogether. Yes, there are regulations that allow you to file within a certain timeframe, but in theory, anything that becomes public knowledge can’t be patented anymore.
Which made me realize something: 👉 If we just move forward and don’t patent our technology, nobody else can patent it either.
But here’s the real dilemma—who do you ask for advice, if not a lawyer? And I promise you, there is no lawyer on earth who will tell you, „It’s not worth it.“
And yet, I personally know startups that had to defend their patents within the first year after launching—spending tens of thousands of euros on lawyers and court hours, just to find themselves back in the same situation a few months later with a new infringement case.
Is this what investors want? Is this what we, as startup founders, want?
Layer 3: Our Ace – What’s Actually Keeping Us Safe
If NDAs are unrealistic and patents are uncertain, what’s left?
The Brand.
In our glamorous world of consumer electronics, patents can be challenged, copied, or ignored. A strong brand cannot.
For a product that people need to trust, real protection comes from:
✅ Transparency – Being open about what we do, how we do it, and why we make the choices we make.
✅ Premium Quality – If our product is undeniably better, users will choose us over the knockoffs.
✅ Regionality & Sustainability – We care about responsible sourcing, local expertise, and long-term impact.
✅ The Human Touch – Great companies are more than just products. They are built by people, for people. And the most powerful competitive advantage is genuine relationships. No patent can replace real customer trust, personal support, and the emotional connection people build with a brand.
Knowing this, wouldn’t it make more sense to invest in:
➡️ A high-quality product that users actually love and prefer over alternatives?
➡️ Proper customer support that ensures users are happy and stick around?
➡️ Building a strong brand that creates loyalty and trust, so customers actively WANT to engage with you and buy your product—not just any similar product?
Wouldn’t that be a more sustainable investment into your brand, product, and company, rather than paying lawyers to chase others out of the market out of fear of competition?
I’m no expert, and I don’t have all the answers. I also don’t have the money to buy them. But this is what’s running through my startup-beginner’s mind.
And let’s be honest: Who’s really winning in this whole game, other than the lawyers?
So, Would You File a Patent?
What’s the smarter move? Would you patent or invest into building the brand?
How we solve this one? Well, since most of you haven’t signed an NDA… we’ll have to keep it to ourselves. 😉
Until next time, Anna & the heytaeg team
