A patent is an asset — says this Texas-based intellectual property expert. Photo via Getty Images

Seeking patent protection can offer a substantial competitive advantage to startups looking to raise capital, especially during a venture capital downturn. Besides the protection patents can provide against intellectual property theft, they are also assets that can translate into expansion opportunities and additional revenue streams. These factors are important to institutions and individuals that invest in startups, as they may reduce downside risks to their investments and help outline a growth trajectory.

As Kathi Vidal, under secretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office, said during a speech last year, “having a [patent] pending application helps secure funding, and it keeps potential competitors out of your space.”

The experience of Austin-based VoChill, a startup that created a new line of personal wine chillers, offers a case study of how filing for patent protection as early as possible can set up any startup for success, not only when seeking to raise capital, but also when working to expand its commercial relationships and distribution channels.

Filing for patents quickly gave VoChill’s founders a competitive advantage when approaching potential investors, as it demonstrated the management team’s high level of preparedness and business acumen. For investors who eventually committed capital to the startup, the filings signaled a safer bet on investing in VoChill.

There is plenty of evidence indicating that patents help attract capital and generate growth opportunities. A study conducted by professors from Harvard Business School and New York University’s Stern School of Business found that patent protection increased startups’ odds of receiving venture capital funding by 59 percent.

PitchBook data shows that startups seeking patents raise more capital than their non-patent-seeking peers. About 58 percent of venture capital went to startups with patents or with patent applications from 2011 to 2020, the research firm notes.

Patents can also help drive a startup’s expansion and grow sales. According to the National Bureau of Economic Research, or NBER, the approval of a startup’s first patent application increases its employee growth by 36 percent over the following five years. After five years, a new company with a patent increases its sales by a cumulative 80 percent more than companies that do not have a patent.

Patents can also increase a startup’s chances of obtaining distribution deals or, in the case of consumer products, partnerships with retailers. In VoChill’s experience, patent protection is a recurring theme in conversations not only with investors but also distributors and retailers.

Patents offer startups the possibility to pursue a licensing model as well. Licensing or selling the rights to a patent so that others may produce products or processes based on that patent can bring in ongoing revenue streams.

Down the line, having patent protection can lead to better exit opportunities, be it by going public or via a private divestiture.

According to the NBER, having patents more than doubles the probability that a startup is eventually listed on a stock exchange.

PitchBook data, meanwhile, shows that patent-seeking companies go public at a rate more than five times higher than non-patent-seeking companies (23.2 percent versus 4 percent).

In the case of exits via a sale of the startup, the median exit value for patent-holding companies is 154.9 percent higher than it is for companies without patents per year on average, according to PitchBook.

While the business case for seeking patent protection is clear, startups should keep a few considerations in mind when seeking to do so. Understanding time bars is crucial; for example, the United States generally allows only one year to file a patent application after an invention is publicly written about, shown, used, or otherwise disclosed, and overseas often no one-year “grace period exists.”

Still, other important predicates are finding out whether the innovation is truly new, identifying the most crucial components of a product or system, and thinking about what aspects competitors are likely to discover and copy.

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Chris Palermo is partner at Baker Botts where he specializes in intellectual property development. Lisa Pawlik is CEO of VoChill, a company that creates individual wine glass chillers.

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CultureMap Emails are Awesome

Nominations are now open for the 2025 Houston Innovation Awards

Calling All Innovators

Calling all Houston innovators: The Houston Innovation Awards return this fall to celebrate the best and brightest in the Houston innovation ecosystem right now.

Presented by InnovationMap, the fifth annual Houston Innovation Awards will take place November 5 at TMC Helix Park.

The awards program will honor the top startups and innovators in Houston across 10 categories, and we're asking you to nominate the most deserving Houston innovators and innovative companies today.

This year's categories are:

  • Minority-founded Business, honoring an innovative startup founded or co-founded by BIPOC or LGBTQ+ representation.
  • Female-founded Business, honoring an innovative startup founded or co-founded by a woman.
  • Energy Transition Business, honoring an innovative startup providing a solution within renewables, climatetech, clean energy, alternative materials, circular economy, and beyond.
  • Health Tech Business, honoring an innovative startup within the health and medical technology sectors.
  • Deep Tech Business, honoring an innovative startup providing technology solutions based on substantial scientific or engineering challenges, including those in the AI, robotics, and space sectors.
  • Startup of the Year (People's Choice), honoring a startup celebrating a recent milestone or success. The winner will be selected by the community via an interactive voting experience.
  • Scaleup of the Year, honoring an innovative later-stage startup that's recently reached a significant milestone in company growth.
  • Incubator/Accelerator of the Year, honoring a local incubator or accelerator that is championing and fueling the growth of Houston startups.
  • Mentor of the Year, honoring an individual who dedicates their time and expertise to guide and support budding entrepreneurs.
  • Trailblazer, honoring an innovator who's made a lasting impact on the Houston innovation community.

Nominations may be made on behalf of yourself, your organization, and other leaders in the local innovation scene. The nomination period closes on August 31, so don't delay — nominate today at this link, or fill out the embedded form below.

Our panel of esteemed judges will review the nominations, and determine the finalists and winners. Finalists will be unveiled on September 30, and the 2025 Houston Innovation Awards winners will be announced live at our event on November 5.

Tickets will go on sale this fall. Stay tuned for that announcement, as well as more fanfare leading up to the 2025 Houston Innovation Awards.

Nominate now:

Interested in Innovation Awards sponsorship opportunities? Please contact sales@innovationmap.com.

MD Anderson launches $10M collaboration to advance personalized cancer treatment tech

fighting cancer

The University of Texas MD Anderson Cancer Center and Japan’s TOPPAN Holdings Inc. have announced a strategic collaboration to co-develop TOPPAN Holdings’ 3D cell culture, or organoid, technology known as invivoid.

The technology will be used as a tool for personalized cancer treatments and drug screening efforts, according to a release from MD Anderson. TOPPAN has committed $10 million over five years to advance the joint research activities.

“The strategic alliance with MD Anderson paves a promising path toward personalized cancer medicine," Hiroshi Asada, head of the Business Innovation Center at TOPPAN Holdings, said in a news release.

Invivoid is capable of establishing organoid models directly from patient biopsies or other tissues in a way that is faster and more efficient. Researchers may be able to test a variety of potential treatments in the laboratory to understand which approach may work best for the patient, if validated clinically.

“Organoids allow us to model the three-dimensional complexity of human cancers in the lab, thus allowing us to engineer a powerful translational engine—one that could not only predict how patients will respond to therapy before treatment begins but also could help to reimagine how we discover and validate next-generation therapies," Dr. Donna Hansel, division head of pathology and laboratory medicine at MD Anderson, added in the news release. “Through this collaboration, we hope to make meaningful progress in modeling cancer biology for therapeutic innovation.”

The collaboration will build upon preclinical research previously conducted by MD Anderson and TOPPAN. The organizations will work collaboratively to obtain College of American Pathologists (CAP) and Clinical Laboratory Improvement Amendments (CLIA) certifications for the technology, which demonstrate a commitment to high-quality patient care. Once the certifications are obtained, they plan to conduct observational clinical studies and then prospective clinical studies.

“We believe our proprietary invivoid 3D cell culture technology, by enabling the rapid establishment of organoid models directly from patient biopsies, has strong potential to help identify more effective treatment options and reduce the likelihood of unnecessary therapies,” Asada added in the release. “Through collaboration on CAP/CLIA certification and clinical validation, we aim to bring this innovation closer to real-world patient care and contribute meaningfully to the advancement of cancer medicine."