How can I protect my IP before filing a patent?

Use blockchain timestamps to establish your priority date immediately. This creates court-ready proof of when your invention existed while you evaluate whether to pursue patent protection — a process that can take months to begin.

Why is pre-patent IP protection important?

The period before patent filing is when your IP is most vulnerable. Competitors may file first, or ideas shared in meetings could be stolen. Timestamping provides immediate, dated evidence of your ownership.

Does pre-patent protection affect my patent application?

No. Blockchain timestamping doesn't constitute public disclosure, so it won't affect your ability to file a patent later. It actually strengthens your position by providing additional evidence of your invention date.

How long should I protect IP before deciding on a patent?

Start protecting IP immediately when the idea forms. You can take months or years to decide on patents while your blockchain timestamps maintain proof of your earliest creation dates.

Can I protect my IP before filing a patent?

Yes. Blockchain timestamps, trade secret protection, and confidentiality agreements can all protect your IP before you file patents. These methods are immediate, cost-effective, and preserve your patent rights.

Will pre-patent protection affect my ability to file patents later?

No. Blockchain timestamps don't create public disclosure, so they preserve your patent rights. As long as you don't publicly disclose your invention, you can still file patents later.

How do blockchain timestamps help with patent disputes?

Blockchain timestamps prove when you had your invention, which is valuable for priority disputes, prior user rights claims, and prior art defense. The evidence is immutable, independently verifiable, and court-admissible.

Should I get blockchain timestamps even if I plan to file patents?

Yes. Blockchain timestamps provide immediate protection while you prepare patent applications, document your development history for prosecution support, and create prior art evidence in case competitors file similar patents.

Home/Resources/IP Protection Before Patent

IP Protection Before Patent: How to Secure Your Ideas While You Decide

Not ready to file a patent? That doesn't mean your IP should be unprotected. Blockchain timestamps let you establish your invention date instantly—giving you proof of priority while you evaluate whether patents make sense for your business.

Updated February 20269 min readWritten by the immut team

Key Takeaway

IP protection before patent filing is not just possible—it's essential. Patents take years and cost thousands. Meanwhile, competitors are moving. Blockchain timestamps give you immediate, court-ready proof of your invention date—preserving your options whether you eventually file patents or choose alternative protection.

In This Guide

1. Why You Need IP Protection Before Filing

The gap between having an idea and filing a patent is dangerous territory. Patent applications take months to prepare and years to grant. During that time, your IP is vulnerable.

The Patent Timeline Problem

3-6 months

to prepare a quality patent application

2-5 years

for patent examination and grant

£15,000+

minimum cost for professional filing

30 seconds

to create a blockchain timestamp

What Happens During the Gap?

Between conception and patent filing, several things can happen:

A competitor independently develops similar technology
Someone files a patent before you do
You share information with partners or investors
Employees leave and take knowledge with them
You publish or demonstrate your invention publicly

Without documented proof of when you developed your invention, you're vulnerable in all of these scenarios.

2. Risks of Waiting for Patent Protection

Many inventors and companies assume they're safe until they file a patent. This assumption is dangerous. Here are the real risks:

Risk 1: Losing Priority

In a "first-to-file" system (UK, EU, and most of the world), whoever files first wins—regardless of who invented first. If a competitor files before you, they get the patent even if you had the idea years earlier.

Risk 2: Public Disclosure Problems

In the UK, any public disclosure before filing can destroy your patent rights. This includes demos, presentations, publications, or even casual conversations without NDAs. The US has a 12-month grace period, but relying on it is risky.

Risk 3: Investor and Partner Exposure

Sharing your invention with investors, partners, or employees creates risk. Without timestamped documentation of what you had before sharing, you may struggle to prove ownership if disputes arise later.

Risk 4: Deciding Too Late

Many companies wait to see if their invention has commercial potential before investing in patents. By the time they know it's valuable, they've often made disclosures that compromise patent rights—or competitors have moved ahead.

"The biggest IP mistake companies make is waiting until they're 'ready' for patents. By then, they've often lost key rights they could have preserved with simple documentation."

3. Pre-Patent Protection Options

Several methods can protect your IP before you file patents—or if you decide not to file at all:

Method	Cost	Speed	Strength
Blockchain Timestamp	£10-50	Instant	High
Provisional Patent (US)	£1,000-5,000	Days-weeks	Medium
Trade Secret Programme	£0-500	Immediate	High
Confidentiality Agreements	£200-1,000	Days	Medium
Full Patent Application	£15,000+	Months	High (when granted)

The Best Approach: Layered Protection

Smart IP strategy uses multiple methods together:

Immediately: Blockchain timestamp your invention documentation
When sharing: Use NDAs and timestamp what you share
If US market matters: Consider provisional patent filing
When ready: File full patents for key innovations
Always: Maintain trade secret protection for non-patented IP

4. Blockchain Timestamps: The Modern Solution

Blockchain timestamps solve the "before patent" problem elegantly. They create instant, permanent proof that your invention documentation existed at a specific moment—without requiring disclosure or expensive legal processes.

How It Works

Document your invention: Create detailed specifications, drawings, descriptions, and any supporting materials.
Create cryptographic hash: A unique digital fingerprint of your documents is generated. Any change to the documents would create a completely different hash.
Record on blockchain: The hash (not your documents) is permanently recorded on a public blockchain with a timestamp. Your content remains private.
Receive certificate: You get court-ready documentation proving your files existed at that exact moment.

Why This Works for Pre-Patent Protection

Establishes invention date — Proves when you had your ideas, useful for priority disputes

No public disclosure — Preserves patent rights while documenting existence

Immediate protection — No waiting for applications or approvals

Court-admissible evidence — Recognised under UK and EU law

Preserves all options — You can still file patents later or use alternative protection

5. How Pre-Patent Protection Helps Patent Strategy

Blockchain timestamps don't replace patents—they complement them. Here's how timestamped documentation strengthens your patent position:

Proving Conception Date

If you later need to prove when you first conceived your invention (for interference proceedings or prior user rights), timestamped documentation provides clear evidence.

Documenting Development

Regular timestamps throughout development create a clear trail showing how your invention evolved. This supports patent prosecution and defends against obviousness challenges.

Prior Art Defense

If someone else patents similar technology later, your timestamped documentation becomes prior art that could invalidate their patent—or give you prior user rights to continue your activities.

Selective Patent Filing

With blockchain protection in place, you can wait to see which inventions prove commercially valuable before investing in expensive patents. File patents for your key innovations; keep others as timestamped trade secrets.

"The smartest IP strategy combines immediate blockchain protection with selective patent filing. Protect everything cheaply now; invest in patents for the winners later."

6. When You Might Not Need Patents At All

Here's a secret the patent industry doesn't advertise: many innovations are better protected without patents. Blockchain timestamps combined with trade secret protection may be all you need if:

Your innovation is hard to reverse-engineer: If competitors can't figure out how it works by examining your product, a patent just teaches them what they couldn't discover otherwise.
Your market moves fast: In rapidly evolving fields, patents take so long that the technology is obsolete before the patent grants. Speed to market matters more.
Your innovation is a process: Manufacturing methods, algorithms, and business processes are often undetectable when infringed. Patents require you to prove infringement—hard if you can't see inside competitors' operations.
You want indefinite protection: Trade secrets last forever (as long as they stay secret). Patents expire after 20 years.
The cost doesn't make sense: If international patent protection would cost £50,000+ and your market isn't that large, the return on investment may not justify the expense.

Famous Trade Secrets

These companies chose trade secrets over patents—and it worked:

Coca-Cola formulaProtected since 1886

WD-40 formulaProtected since 1953

Google search algorithmTrade secret, not patented

KFC original recipeProtected since 1940

7. Getting Started Today

Don't wait until you're "ready" for patents. Start protecting your IP now with these steps:

Document Your Current Inventions

Create detailed descriptions of every innovation you have right now. Include technical specifications, drawings, use cases, and development history.

Timestamp Everything

Upload your documentation to immut. We'll create blockchain timestamps for each file, giving you immediate proof of existence and ownership.

Set Up Ongoing Documentation

Make timestamping part of your development process. Every new feature, improvement, or discovery should be documented and timestamped as it happens.

Evaluate Patent Options Later

With blockchain protection in place, you can take your time evaluating whether patents make sense. File for truly valuable innovations; keep the rest protected as timestamped trade secrets.

Related Resources

Prior Art Defense

How to use prior art to defend against patent claims.

Patent Alternatives

Cost-effective alternatives to traditional patents.

Protect Research IP Before Publication

Essential steps for researchers to protect IP before publishing.

Related Guides

Start Protecting Your IP Today

Book a call with our team to discuss how blockchain timestamps can protect your innovations—before, during, or instead of the patent process.

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About immut: immut provides blockchain-based intellectual property protection for innovations at every stage. Whether you're planning to file patents or choosing alternative protection, our timestamped documentation gives you immediate, court-ready proof of your ideas. Learn more at immut.io.