Rembrandt, Syndics of the Drapers’ Guild, 1662
Oil on canvas. Rijksmuseum, Amsterdam.
How to Fight Innovation's Silent Killer
As a hardware founder, I’ve personally felt the sheer pain of navigating the patent system. But this isn’t just a startup problem—it’s a crisis for all innovators, including researchers, academics, and small inventors.
Here’s the reality:
In the US, an innovator can file a cheap $75 provisional patent to secure a priority date instantly. This means they can test, refine, fundraise, and collaborate openly for 12 months without jeopardising their intellectual property.
In China, the government subsidises and offers fast-track utility model patents that can be granted in under a year, giving quick, enforceable protection for technical innovations.
In Europe? If an innovator even talks about their invention publicly before filing, they risk losing all patent rights forever. And if they want to file a patent? It’s €2,000–€6,000 upfront, no flexibility, no grace period, no second chances.
Part of why China is dominating drones and robotics - think DJI and Unitree Robotics - is its fast, flexible patent system.
What does this mean in practice?
Academics & Researchers: European universities are world leaders in cutting-edge research, but their scientists often have to choose between publishing their work and patenting it. If their research is public before filing, it’s unpatentable. This creates a perverse incentive to delay sharing knowledge, slowing scientific progress.
Small Inventors: Independent inventors often lack funding to immediately file robust patents. The US system allows them to file a low-cost provisional patent to secure their rights while they seek investment. In Europe, they have to go all-in on expensive filings or risk losing their innovation to larger players with deeper pockets.
Startups & Industry Innovators: Many emerging technologies require rapid iteration and testing. The lack of a grace period means that simply demonstrating an innovation to investors, customers, or partners can render it unpatentable.
The single most important factor is where the invention is physically created. There are no workarounds besides physically moving to a different jurisdiction to innovate. This hard geographic rule forces innovators to make difficult choices, often leading them to leave Europe.
Comparing Patent Systems
A Founder’s Experience: The Cost of a Demo Day
We had to rush out a £6,000 patent filing just to legally present at a demo day. If we didn’t file, we risked destroying our own ability to patent—just by pitching to investors.
A few months later? The product evolved—as most innovations do. That £6,000 patent was now useless. We needed to file again, for another £6,000.
Total cost? Over £12,000 and dozens of wasted hours in just one year.
Had we been in the US, we could have filed a $75 provisional, iterated freely, and only committed to a full filing after 12 months of refinement.
This isn’t just a cost problem. It’s a fundamental bottleneck on innovation.
How to Fix It: Three Simple Reforms
These are not radical ideas. The US and China already do this. Europe can implement these without subsidies or tax breaks, just by adjusting how the UKIPO and EPO works.
Introduce a Provisional Patent System
Give innovators a simple, low-cost £100 filing option to lock in a priority date.
Allow 12 months of flexibility to refine, prototype, and gather funding before committing to a full patent.
Impact: More innovation, less financial risk—empowering startups, researchers, and independent inventors alike.
Implement a 6-Month Grace Period
Introduce a safety net that lets innovators file a patent within six months of public disclosure.
Covers academic publications, investor pitches, crowdfunding, and early-stage product demos.
Impact: Encourages open collaboration, removes the fear of killing IP by simply talking about an idea.
Fast-Track Patents
Lower initial search and examination fees for startups.
Expedited review for first-time inventors, similar to the UKIPO’s Green Channel.
Impact: Startups get faster, cheaper protection—helping them attract investors and secure commercial deals.
The Time for Change is Now
Europe cannot afford to lag behind while other regions support innovation with flexible, cost-effective patent solutions. A broken patent system discourages risk-taking, slows economic growth, and forces talent to relocate to jurisdictions where the rules enable rather than obstruct progress.
The solutions are clear. No subsidies, no handouts—just a modernised patent system that works for startups, researchers, and inventors alike.
If policymakers don’t act, innovators must make their voices heard. Innovation doesn’t wait, and neither should we.
Braindump by Josef Chen