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How Trade Marks and Patents Can Help Your Australian Startup Secure Funding

07 February 2025

07 February 2025

 

For Australian startups, securing funding is essential for growth, but standing out to investors can be challenging. One of the most effective ways to boost credibility and attract investment is by protecting your intellectual property (IP) through trade marks and patents. Research shows that startups with registered IP rights are far more successful in raising funds than those without.

Why Investors Care About IP

Investors want to know that a startup has something unique and defensible. If your business is based on an innovative product, technology, or brand, competitors can copy it unless you have IP protection in place. Without patents or trade marks, a startup risks losing its competitive edge, making it less attractive to investors.

IP also increases a company’s value by securing exclusive rights, which means investors can see a clear path to profitability. It reassures them that their investment won’t be undercut by copycats or competitors taking advantage of your hard work.

What Type of IP Should Startups Protect?

Patents: If your business is developing new technology, patents are essential. They protect inventions and give you the exclusive right to use, license, or sell them. Investors see patents as valuable assets, proving that your innovation is original and protected.

Trade Marks: For many businesses, brand identity is just as important as technology. Registering a trade mark for your business name, logo, or product branding ensures that no one else can use or imitate them. This is particularly critical for consumer-facing businesses where brand recognition drives customer loyalty and revenue.

Registered Designs: If your product has a unique appearance, a registered design can prevent competitors from copying it. This is particularly useful for startups in fashion, furniture, or consumer products where aesthetics play a key role in market appeal.

How IP Helps Secure Investment

Startups need investment to develop and scale, but investors need confidence in their decision. A well-structured IP portfolio:

  • Increases Valuation – Startups with patents or trade marks often command higher valuations.

  • Reduces Risk for Investors – IP protection lowers the chance of competitors undermining your business.

  • Qualifies for Tax Incentives – Government programs like the R&D Tax Incentive and Patent Box Scheme provide tax benefits for businesses with registered IP.

Preparing Your IP for Investment

Investors expect startups to have an IP strategy. Before seeking funding, ensure:

  • You have at least a patent application filed for key innovations.

  • Your trade mark is registered in key markets to protect your brand.

  • Any registered designs needed to protect your product’s appearance are in place.

  • You maintain clear documentation of your IP, including ownership rights and filing records.

Managing Costs and Timing

Filing IP applications takes time and money, but strategic planning can align costs with funding rounds. Provisional patents can secure early priority dates while allowing startups time to raise funds before filing full applications. Trade marks and designs can also be applied for strategically to match investment cycles.

Conclusion

For Australian startups, intellectual property is more than just legal protection—it’s a key asset that can unlock funding, strengthen market position, and ensure long-term success. By securing patents and trade marks early, businesses can stand out to investors, reduce risks, and build a solid foundation for growth.

Need expert advice on protecting your startup’s IP? Contact IP Solved today for tailored guidance on patents, trade marks, and securing your competitive edge.

 

07 February 2025
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