Why eVTOL Startups Must Prioritize Patents Early
The electric vertical takeoff and landing (eVTOL) industry is rapidly transforming urban air mobility, attracting billions in investments. As competition intensifies, securing strong patent protection is essential for safeguarding innovations. Many startups and established companies make critical mistakes in their intellectual property strategy, leading to costly legal disputes or lost market opportunities.
Understanding the patent landscape for eVTOL technology is key to staying ahead. This guide explores common patent mistakes, best practices, and how to create a strong IP portfolio.
Investors Require Patent Protection Before Funding
Venture capital firms and aerospace investors prioritize companies with strong patent portfolios. Intellectual property provides leverage in funding negotiations, licensing agreements, and future exits.
A startup that fails to secure patents before disclosing its technology risks losing its competitive advantage. Publicly sharing an invention without protection can lead to others filing first and blocking market entry.
Avoiding Public Disclosure Before Patent Filing
Startups often present prototypes or share technical details with manufacturers and partners before filing a patent application. This mistake can render an invention unpatentable or lead to others exploiting the idea.
Confidentiality agreements provide some protection, but the safest strategy is to file a provisional patent before engaging with external stakeholders.
What Can Be Patented in eVTOL Technology?
Patentable Components in eVTOL Innovation
- Propulsion Systems: New electric or hybrid propulsion technologies for increased efficiency and range.
- Autonomous Flight Systems: AI-driven flight controls, obstacle detection, and landing mechanisms.
- Energy Management Systems: Advanced battery and power distribution innovations.
- Airframe Design: Unique aerodynamic structures that enhance performance and reduce noise.
What Cannot Be Patented?
- Basic Concepts: General ideas for eVTOL transport without specific technical implementations.
- Existing Technologies: Any invention that lacks novelty or is already in the public domain.
The Most Common Patent Mistakes in the eVTOL Industry
Assuming One Patent Is Enough
A single patent does not provide comprehensive protection. Competitors can design around a patent, making a broad portfolio strategy necessary.
Ignoring International Patent Protections
Filing only in the United States leaves inventions vulnerable to copycats in Europe, China, or other key markets. A Patent Cooperation Treaty (PCT) application allows global protection.
Letting a Provisional Patent Expire Without Filing a Non-Provisional
Startups frequently file a provisional patent application but fail to follow up with a non-provisional application within the required 12 months. This results in the loss of the priority date and increased risk of patent disputes.
Building a Strong Patent Strategy for eVTOL Companies
Step 1: Conduct a Comprehensive Patent Search
Before filing, perform a USPTO and global patent search to confirm that your innovation is novel.
Step 2: File a Provisional Patent
A provisional patent establishes an early priority date, securing temporary protection while finalizing your invention.
Step 3: Transition to a Non-Provisional Patent
Within 12 months, convert the provisional filing into a non-provisional patent to gain full protection.
Step 4: Secure Design Patents
A design patent protects the unique look and feel of an aircraft, preventing direct copies of external designs.
Step 5: Monitor Competitor Patents and Enforce Your Rights
Regularly review competitor filings on the USPTO database to detect potential infringements or opportunities for licensing deals.
Legal Risks: What Happens If You Do Not Secure IP?
- Competitors May Patent Your Idea First: If another company files before you, they can claim ownership and block your market entry.
- Investors May Hesitate to Fund Your Startup: A weak patent strategy can raise concerns about future valuation and exit potential.
- Risk of Patent Infringement Lawsuits: Operating without proper due diligence may result in legal battles and financial penalties.
Conclusion: Securing eVTOL Innovation with Strong Patents
The eVTOL industry is experiencing rapid growth, but only companies with comprehensive IP protection will thrive. A strong patent strategy enhances fundraising opportunities, market positioning, and competitive advantage.
Protecting your innovation is not just about filing a single patent—it requires a long-term IP strategy.
Need expert guidance on securing eVTOL patents? Schedule a consultation with Innovent Law to protect your competitive edge.