Why is it essential to consider Intellectual Property before starting a new project?

It is natural to rush into any new project and start publishing results immediately, but is this the right approach, and are there consequences to be aware of?

One critical step that is often overlooked is Intellectual Property (IP): it can help structure projects, prevent legal barriers later, and create value for the business. But when should you check?

Smaller companies benefit from agility due to having fewer decision-makers and less complex systems to navigate. In contrast, large multinational corporations have the resources to integrate patent and published paper reviews into their development processes. However, start-ups and smaller companies often struggle to effectively leverage intellectual property (IP) because they typically lack the necessary time, resources, funding, and expertise.

🔎 Why consider IP early in development

• Thinking about Intellectual Property (IP) from the start helps you know whether your idea is truly novel — or blocked by existing patents/prior art.
• Running a “freedom-to-operate” check before significant investment can prevent costly mistakes and delays around infringement.
• Early IP review may also show valuable inspiration from other industries or technologies — enabling you to adapt existing solutions legally and efficiently at the start of the development phase.
• Designing experiments and development work with future patent applications in mind helps preserve novelty, makes patent applications easier / cheaper and maximises chances of future investment.
• A clear IP strategy — covering patents, know-how, trade secrets, and eventual branding/trademarks — improves differentiation and competitive edge when you launch.

💡 Strategic Importance of IP for Startups / Small Companies

• Startups that file for patents or trademarks early are up to ~10.2× more likely to secure early-stage funding.
• IP assets often become the principal “defensible value” of a company — particularly in sectors like biotech, Agro-bio, or other deep-tech fields.
• Patents and trademarks can serve as collateral for loans, licensing income, or acquisition/licensing deals — even before you bring a product to market.
• A strong IP portfolio can improve exit value (IPO or acquisition), attract large corporate partners, or justify investor confidence. If the business’s goal is an IPO rather than building a sales organisation, then all IP protection is essential.

✅ What to do — Key IP-Strategy Actions

• From the very start, track “who owns what” — especially when collaborating with universities, contractors, and employees. Ensure assignments of inventions, microbial strains, formulations, etc., are directed to the appropriate entity. Some grants require royalty-free licences to IP generated with that funding. How could this affect the future value of the business?
• Think through the intended market & territory coverage (EU, USA, global) — file patents/trademarks accordingly, before public disclosure or public domain entry.
• Decide early whether some inventions are better kept as trade secrets rather than publicly disclosed in patents (especially processes, formulations, know-how).
• As you develop, record each milestone — discoveries, added claims, new markets entered, licensing deals — to build an evolving IP portfolio demonstrating increasing value to investors and partners.
• Align IP filing timing with your R&D pipeline, branding and go-to-market launch to avoid redundant work or protection invalidation

The emergence of specialised AI systems for reviewing intellectual property (IP) has removed many previous obstacles and is a game-changer for our industry.

Companies like AB-Consultants are using dedicated AI software that can efficiently analyse over 400 million relevant patents and scientific papers in just a few minutes.

This technology can confirm feasibility, provide a list of related published patents and papers, and suggest alternative solutions to development challenges. The information gathered can be used to define critical project endpoints, determine the required filing format for IP, create a Design Failure Modes and Effects Analysis (DFMEA), and conduct a tailored IP Value Assessment for investors.

If you are a startup or just starting your journey, now is the right time to consider your intellectual property and how it can optimise your chances of success.

Rob Cannings

Rob Cannings is a strategic leader and consultant in agricultural biotechnology, specialising in biostimulants, biocontrol, and sustainable crop inputs. With over 40 years of international experience in research and development, commercialisation, and business development. Expert in scaling biological businesses, navigating global regulatory landscapes, and launching innovative technologies. Additionally, founded several ventures focused on biological solutions, most recently AB-Consultants.

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