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.

A patent is an asset — one with a price associated with it when it comes to procuring a loan for your business. Photo via Getty Images

Rice research: What innovations can be used to borrow against?

Houston voices

For companies and leaders, patents represent important assets. They’re a marker of innovation and tech development. But patents do so much more than protect intellectual property. Firms increasingly deploy them as collateral to secure loans. Between 1995 and 2013, the number of patents pledged as loan collateral increased from about 10,000 to nearly 50,000. Forty percent of U.S. patenting firms have used patents as collateral.

However, patents are intangible assets, and their liquidity and liquidation value are difficult to assess. To evaluate an individual patent, lenders must consider the invention space to which the patent belongs. A patent’s linkage to prior inventions can provide important information for lenders, as the linkage affects the extent to which the patent under consideration may be redeployed and potentially purchased by other firms in the case of loan default.

Rice Business professor Yan Anthea Zhang examined more closely how this market operates and how both lenders and borrowers can make more informed decisions on which patents make appealing collateral. In their paper, “Which patents to use as loan collateral? The role of newness of patents' external technology linkage,” Zhang, who specializes in strategic management, and her co-authors studied the data on 107,180 U.S. semiconductor patents owned by 436 U.S. firms. The team focused on semiconductor patents because the semiconductor industry involves intensive innovation, which leads to many patent applications and grants. The market for semiconductor patents is an active and well-functioning market, given specialization in different stages of the innovation process and the growing technological market. Information on whether a patent was used as loan collateral came from the USPTO Patent Assignments Database.

Zhang and her colleagues argue that lenders prefer patents linked to prior inventions that are relatively new because these patents are riding on recent technology waves and are less likely to become obsolete. As a result, such patents are likely to remain deployable to other firms in the future. However, patents that are based upon too new prior inventions might not prove to be commercially viable and carry higher risk for lenders.

As a result of this research, Zhang and her colleagues found an inverted U-shape relationship to demonstrate the likelihood that a patent will be used as loan collateral. On one end, patents based upon the newest prior inventions, on the other, patents based upon mature prior inventions. The curve of the U-shape represents the sweet spot for patent collateral—the patents’ technological base is new enough to be relevant and competitive with other firms in its invention space, but not so new that it has yet to prove market success.

Zhang’s team also found that the impact of external linkage also varies depending on borrower attributes, especially the borrowers’ expertise in the invention space. If a borrower is a technological leader in the invention space, the market tends to give the borrower credit, and as a result, even if its patents are based upon very new prior inventions, its patents are still likely to be accepted as collateral.

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This article originally ran on Rice Business Wisdom and was based on research from Yan Anthea Zhang, the Fayez Sarofim Vanguard Professor of Management at Rice Business.

Doris Taylor from the Texas Heart Institute has been named to the National Academy of Inventors.

Houston inventor receives national recognition for leading innovation

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A Houston inventor is being recognized for her leadership within cardiovascular regenerative medicine. Doris A. Taylor from the Texas Heart Institute has been named among the National Academy of Inventors' 54 academic inventors to the spring 2019 class of NAI Senior Members.

Taylor's work involves finding alternatives for the current practices for organ transplants, including the whole organ decellularization/recellularization technologies she developed in 2008.

"Dr. Taylor's work has revolutionized the field by making it possible to bioengineer scaffolds that effectively mimic natural organs," says Dr. Darren Woodside, Texas Heart Institute's vice president for research, in a news release. "The three U.S. patents she currently holds have spun off 28 international patents, stimulating the worldwide tissue engineering industry. Her current research team is refining these technologies and developing others, potentially revolutionizing the transplantation industry and eliminating wait lists for life-saving transplantable organs."

NAI selects its honorees by identifying their impact on the welfare of society, the release reads, and have proven success with their patents, licensing, and commercialization.

NAI Senior Members are active faculty, scientists and administrators from its Member Institutions who have demonstrated remarkable innovation producing technologies that have brought, or aspire to bring, real impact on the welfare of society. They also have proven success in patents, licensing and commercialization.

An individual's nomination for the NAI Senior Member class by its supporting institution is a distinct honor and a significant way for the organization to publicly recognize its innovators on a national level.At their host institutions, Senior Members foster a spirit of innovation, while educating and mentoring the next generation of inventors.

The new class of NAI Senior Members includes representatives from 32 institutions. Texas A&M University has two researchers in the class — Robert Balog, an associate professor in the Department of Electrical and Computer Engineering, and Balakrishna Haridas, a professor of practice in the Department of Biomedical Engineering and executive director for technology commercialization and entrepreneurship for the Texas A&M Engineering Experiment Station.

This latest class of NAI Senior Members represents 32 research universities and government and non-profit research institutes. They are named inventors on over 860 issued U.S. patents. In February, two Houston inventors were named to the inaugural class of senior members.

"NAI Member Institutions support some of the most elite innovators on the horizon. With the NAI Senior Member award distinction, we are recognizing innovators that are rising stars in their fields," says Paul R. Sanberg, NAI president, in the release. "This new class is joining a prolific group of academic visionaries already defining tomorrow."

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Houston team develops innovative soft skeleton for kids with cerebral palsy

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A team from the NSF University of Houston Building Reliable Advances and Innovation in Neurotechnology (UH BRAIN) Center and TIRR Memorial Hermann has introduced the MyoStep soft exoskeleton for children with cerebral palsy, according to a news release from UH.

The soft skeleton aims to address motor impairments caused by cerebral palsy that impact children’s ability to participate in physical activities, self-care and academics.

“The MyoStep project represents a significant advancement in the field of pediatric mobility aids, particularly for children with cerebral palsy,” Jose Luis Contreras-Vidal, director of UH BRAIN and the Hugh Roy and Lillie Cranz Cullen Distinguished Professor of Electrical and Computer Engineering, said in a news release.

The next-generation lightweight, soft exoskeleton was funded by the IEEE Electron Devices Society (EDS) Award.

The MyoStep is made to be lightweight and discreetly fit under clothes. It includes a wireless sensor network embedded inside the smart and flexible fabrics that is the backbone of the suit and collects and sends real-time data about the user’s movements It also includes safety features with temperature monitoring and emergency shut-off mechanisms.

“By integrating cutting-edge technologies such as artificial muscles, smart fabrics, and a comprehensive sensor network, MyoStep offers a promising solution to the challenges faced by existing exoskeletons,” Contreras-Vidal said in a news release.

Cerebral palsy is a neurological disorder that impacts motor skills. It occurs in one to four out of every 1,000 births worldwide.

“What makes the MyoStep project so compelling is that it’s not just about the technology: it’s about restoring confidence, function, and hope,” Dr. Gerard Francisco, a clinical partner on the technology, The Wulfe Family Chair of Physical Medicine and Rehabilitation at UTHealth Houston and medical officer at TIRR Memorial Hermann, said in a news release. “This kind of innovation has the potential to dramatically improve quality of life, helping children move through the world with greater ease and dignity.”

Houston universities launch summer 2025 accelerators for student ventures

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OwlSpark, a startup and small business accelerator for Rice University-affiliated ventures, has named the latest 11 companies to its program that focus on challenges across technology, health care, consumer products and other sectors. The program is hosted in tandem with the University of Houston’s RED Labs and will take place at the Ion.

The early-stage accelerator runs for 12 weeks and culminates at The Bayou Startup Showcase on July 31.

According to a news release from Rice, “the accelerator cultivates a vibrant environment where founders are empowered to build, test, and scale their ideas in a setting built for entrepreneurship.”

The program is divided into two tracks: one for high-growth tech startups and another for small businesses.

The latest OwlSpark class includes:

  • Web and mobile platform EasilyBEE, which boosts family and community engagement in K-12 schools
  • Diagnos, a wearable-integrated wellness platform that monitors health and prevents injuries in college athletes
  • Johnnie, an AI-powered records management software for rural and midsize first responder agencies
  • JustKindHumility, which offers faith-based travel journals
  • Klix, whichautomates early-stage clinical trial management from document screening to AI-driven patient outreach and eligibility checks
  • Lizzy’s Gourmet Gains, which offers high-protein, flavor-forward dips and dressings
  • NextStep, an AI-powered multilingual assistant helping underserved communities navigate resources for health care
  • A catheter-integrated sensor device PeriShield, which detects early infection in peritoneal dialysis patients
  • Right Design, which connects creatives with vetted employers, mentors and projects via job matching and commissions
  • UCoreAlly, which provides business support for biotech startups in marketing, business development, customer support, human resources and accounting
  • Ultrasound-based ablation system VentriTech that treats ventricular arrhythmias

The Owl Spark accelerator has supported 229 founders and launched 104 ventures with participants raising more than $116 million in funding since 2013, according to Rice.

UH also shared the 9 teams that will participate in RED Labs' latest cohort.

The latest RED Labs class includes:

  • BLEED, an art agency that helps artists commercialize their work by connecting art collectors to original artwork and artists
  • Brain Haven, which is developing nasal inhalers designed to stimulate the emotional and memory processing centers to preserve neuroplasticity and delay cognitive decline
  • Candi Wands Automated Cotton Candy, which has developed a continuously operating cotton candy machine to help entertainment venues boost passive revenue
  • ChériCollectible, a series of in-person events where Gen Z and collectors can buy, sell, and trade modern collectibles
  • JobRadar, a job board that uses AI to analyze and categorize positions in real-time and then apply candidates instantly
  • Stage Select LLC, a supplementary talent booking service that partners with multi-stage venues to help fill gaps in programming and increase profitability by finding and booking local talent for their "second stage."
  • P-LEGS, a pediatric lower-limb exoskeleton that reduces physical strain on therapists while delivering customizable gait training.
  • Roll ‘N’ Reel Photo Booth, an interactive event-based equipment rental business
  • Stayzy, which automates guest communication and handles maintenance issues with an AI-powered software for short-term rental companies that manage 20-plus rentals