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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Houston university to launch artificial intelligence major, one of first in nation

BS in AI

Rice University announced this month that it plans to introduce a Bachelor of Science in AI in the fall 2025 semester.

The new degree program will be part of the university's department of computer science in the George R. Brown School of Engineering and Computing and is one of only a few like it in the country. It aims to focus on "responsible and interdisciplinary approaches to AI," according to a news release from the university.

“We are in a moment of rapid transformation driven by AI, and Rice is committed to preparing students not just to participate in that future but to shape it responsibly,” Amy Dittmar, the Howard R. Hughes Provost and executive vice president for academic affairs, said in the release. “This new major builds on our strengths in computing and education and is a vital part of our broader vision to lead in ethical AI and deliver real-world solutions across health, sustainability and resilient communities.”

John Greiner, an assistant teaching professor of computer science in Rice's online Master of Computer Science program, will serve as the new program's director. Vicente Ordóñez-Román, an associate professor of computer science, was also instrumental in developing and approving the new major.

Until now, Rice students could study AI through elective courses and an advanced degree. The new bachelor's degree program opens up deeper learning opportunities to undergrads by blending traditional engineering and math requirements with other courses on ethics and philosophy as they relate to AI.

“With the major, we’re really setting out a curriculum that makes sense as a whole,” Greiner said in the release. “We are not simply taking a collection of courses that have been created already and putting a new wrapper around them. We’re actually creating a brand new curriculum. Most of the required courses are brand new courses designed for this major.”

Students in the program will also benefit from resources through Rice’s growing AI ecosystem, like the Ken Kennedy Institute, which focuses on AI solutions and ethical AI. The university also opened its new AI-focused "innovation factory," Rice Nexus, earlier this year.

“We have been building expertise in artificial intelligence,” Ordóñez-Román added in the release. “There are people working here on natural language processing, information retrieval systems for machine learning, more theoretical machine learning, quantum machine learning. We have a lot of expertise in these areas, and I think we’re trying to leverage that strength we’re building.”

Houston biomanufacturing accelerator adds pilot plant to support scale-ups

new digs

Houston accelerator BioWell announced this month that it has taken over operations of Texas BioTechnology’s pilot plant in Richmond, Texas.

The 33,000-square-foot facility is one of the largest of its kind in the U.S. and features molecular biology labs, advanced automation, fermentation equipment and 16 dedicated benches for early-stage industrial biomanufacturing companies, according to a release from the company. It will allow BioWell to offer on-site education, workforce development, and lab training for students and workers.

BioWell and its founding company, First Bight Ventures, report that the facility should help address the industry's "scale-up bottleneck due to limited pilot- and demonstration-scale infrastructure" in the U.S.

"As a Houston-based accelerator dedicated exclusively to early-stage biomanufacturing startups, partnering with this facility was a natural and highly strategic decision for us. The site is fully operational and offers a strong platform to support biomanufacturing companies, industry leaders, and research institutions, providing critical expertise and infrastructure across a broad range of biotechnology production processes,” Veronica Breckenridge, founder of First Bight Ventures and BioWell, said in a news release.

First Bight Ventures shares that the partnership with the facility will also allow it to better support its portfolio companies and make them more attractive to future investors.

BioWell will host an open house and tours of the fermentation and lab spaces and an overview of current bioindustrial projects Wednesday, May 28, at 10:30 a.m. and 2 p.m. RSVPs are required.

BioWell was originally funded by a $700,000 U.S. Economic Development Administration’s Build to Scale grant and launched as a virtual accelerator for bioindustrial startups. Listen to an interview with Carlos Estrada, head of venture acceleration at BioWell, here.

Ultra-fast EV charging bays coming to Waffle House locations in Texas and beyond

power breakfast

Scattered, smothered and ... charged?

Starting next year, EV drivers can connect to ultra-fast charging stations at select Waffle House locations throughout Texas, courtesy of bp pulse.

The EV arm of British energy giant bp announced a strategic partnership with the all-day breakfast chain this week. The company aims to deploy a network of 400kW DC fast chargers and a mix of CCS and NACS connectors at Waffle House locations in Texas, Georgia, Florida, and other restaurants in the South.

Each Waffle House site will feature six ultra-fast EV charging bays, allowing drivers to "(enjoy) Waffle House’s 24/7 amenities," the announcement reads.

“Adding an iconic landmark like Waffle House to our growing portfolio of EV charging sites is such an exciting opportunity. As an integrated energy company, bp is committed to providing efficient solutions like ultra-fast charging to support our customers’ mobility needs," Sujay Sharma, CEO of bp pulse U.S., said in a news release. "We’re building a robust network of ultra-fast chargers across the country, and this is another example of third-party collaborations enabling access to charging co-located with convenient amenities for EV drivers.”

The news comes as bp pulse continues to grow its charging network in Texas.

The company debuted its new high-speed electric vehicle charging site, known as the Gigahub, at the bp America headquarters in Houston last year. In partnership with Hertz Electrifies Houston, it also previously announced plans to install a new EV fast-charging hub at Hobby Airport. In a recent partnership with Simon Malls, bp also shared plans to install EV charging Gigahubs at The Galleria and Katy Mills Mall.

bp has previously reported that it plans to invest $1 billion in EV charging infrastructure by 2030, with $500 million invested by the end of 2025.

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A version of this article originally appeared on EnergyCapitalHTX.com.