Speak engineering
Start with the system, the problem, and what makes your approach different.
US patent strategy for deep tech
Build something
worth defending.
Patent strategy for the people building what comes next. We help deep-tech founders turn hard-won engineering into thoughtful, defensible IP.
Built for ambitious technology companies, from first filing to funding diligence.
01 / 05Ideas move the world forward.
At a glance
US patent strategy for deep-tech founders.
CanPatentIt (as in can you patent it?) helps founders, engineers and investors decide what to protect and how: from a first prior-art search and provisional application to US patent prosecution and funding diligence. We are a brand of Metayage Private Limited, an intellectual property services company founded in 2006.
- 12 monthsto turn a US provisional application into a full filing and keep its priority date
- ~18 monthsbefore most patent applications are published, counted from the earliest filing date
- 5 fieldsof deep technology: AI, semiconductors and quantum, MedTech, climate and energy, software security
- Since 2006Metayage, our parent company, has advised innovators on intellectual property
01IP for a world that moves at engineering speed
Deep technology deserves deeper IP thinking.
When your advantage lives inside an architecture, a material, or a model, protecting it takes more than a template. It takes a partner willing to understand how the technology actually works.
A more technical kind of IP counselMove with intent
Bring clear priorities and a practical path to the next filing decision.
Build for what’s next
Shape IP around the product, the business, and future diligence questions.
The US patent journey
Six stages. Tap any to explore.
Every patent follows a path. See what happens at each stage, how long it usually takes, and where a second pair of eyes helps.
Stage 1 of 6
Idea and prior-art check
Before you spend on a filing, learn what has already been published and where your approach is different.
- What happens
- We talk through how the technology works, then look at patents and papers that come close.
- Usual timing
- Ideally before any public demo, paper, pitch or launch.
- How we help
- A patentability and prior-art search that turns patent data into a clear recommendation.
Stage 2 of 6
Provisional application
A provisional application secures an early filing date for what it describes while you keep building.
- What happens
- A technical disclosure is filed. It is not examined and never becomes a patent by itself.
- Usual timing
- It expires after 12 months, so a full application has to follow within that window.
- How we help
- A disclosure written around your real invention, with alternatives and ranges that support later claims.
Stage 3 of 6
Non-provisional application
The full application, with claims, is what the US patent office examines.
- What happens
- The specification, drawings and claims are filed so the USPTO can examine the invention.
- Usual timing
- Filed within 12 months of a provisional if you want to keep its filing date.
- How we help
- Claims and a specification shaped around the product, the market and likely questions from an examiner.
Stage 4 of 6
Examination
An examiner compares your claims with the prior art and decides what can be allowed.
- What happens
- The application waits in a queue, then an examiner reviews it and reports back.
- Usual timing
- Timing varies with the technology area and the patent office's workload.
- How we help
- We keep the technology, the business plan and the budget in view while the application is examined.
Stage 5 of 6
Office action and response
Most applications receive objections or rejections first. A good response is part of the process, not the end of it.
- What happens
- The examiner issues a written action. You respond with arguments, amended claims or an interview.
- Usual timing
- The action sets a response deadline, commonly three months and extendable for a fee.
- How we help
- Responses that protect what matters most and explain the technology clearly to the examiner.
Stage 6 of 6
Allowance and grant
When claims are allowed and fees are paid, the patent is granted. Keeping it and using it well comes next.
- What happens
- The patent issues. Granted US utility patents need maintenance fees to stay in force.
- Usual timing
- Maintenance fees fall due about 3.5, 7.5 and 11.5 years after grant.
- How we help
- Portfolio planning that stands up to investor questions, product decisions and growth.
Technical fluency
Complex tech.
Clear direction.
From foundational science to production systems, start with counsel that can meet the technology where it is.
Talk about your technology
01
02
03
04
05
AI & machine learning
Models, inference, vision, and data systems
Semiconductors & quantum
Chip architecture, materials, and hardware
MedTech & biotechnology
Diagnostics, biosensors, and computational biology
Climate & energy
Storage, grid systems, and electrification
Enterprise software & security
Cloud systems, cryptography, and infrastructure
The work
Clarity at every
IP decision.
Whether you’re testing a first idea or getting ready for the next financing conversation, make your next move with context.
01
Patentability & prior art
Understand what is already out there, where your idea is distinct, and what to protect next.
Learn more02
Provisional applications
Establish an early filing date with a technical disclosure built around your real invention.
Learn more03
US patent prosecution
Develop and prosecute applications with the technical detail and strategy your invention deserves.
Learn more04
IP strategy & diligence
Build a portfolio that stands up to investor questions, product decisions, and growth.
Learn more How it works
From first idea to
granted patent.
A clear path with a decision at every step, so you always know what is being protected, why, and what comes next.
- Step 1
Tell us about the technology
A short conversation about how it works and what makes it different. Keep confidential details high-level at first.
- Step 2
Search and assess
We review the prior art and consider where protection is realistic, and what to file first.
- Step 3
File with intent
A provisional application to secure an early date, or a full application, written around your real invention.
- Step 4
Prosecute and build
Respond to the examiner, shape claims around the business, and keep your IP ready for diligence.
What is going on for you?
Pick the one that sounds like you.
Tap a situation for a plain-language next step. Nothing is sent anywhere, and you do not need to type a thing.
- What it means. A public demo, pitch or launch can count as a public disclosure.
- Worth considering. In many countries that can limit patent rights, so it is worth deciding what to file first.
- A sensible next step. Consider a provisional application before you go public.
- What it means. Investors tend to ask what you own, what is protectable and where the risks are.
- Worth considering. Clear answers help the conversation more than a long list of filings.
- A sensible next step. Prepare a short, honest picture of your IP position.
- What it means. Your own paper or code release can become prior art against you.
- Worth considering. The US gives inventors a 12-month grace period; many other countries give none.
- A sensible next step. Decide what to protect before you publish.
- What it means. A published application is only relevant for what it actually claims and discloses.
- Worth considering. The dates matter: what counts is who filed first and what was public when.
- A sensible next step. Read what is really claimed before reacting.
- What it means. That is a good place to start. You do not need a polished pitch.
- Worth considering. A few plain questions can show whether a patent is even the right tool.
- A sensible next step. Try the self-check, or ask us one question.
Myth or fact?
Common ideas about patents, checked.
MY
A brand of Metayage Private Limited
CanPatentIt is a brand of Metayage, an intellectual property services and consulting company founded in 2006 and working as a strategic IP partner to founders, faculty, students and incubators.
About Metayage and CanPatentIt02For the people building—and backing—what’s next
Founder-minded. Investor-aware.
Your IP should
move the business forward.
Founders need an IP plan that respects the runway and protects real differentiation. Investors need a clear view of what’s owned, what’s protectable, and where risk remains. A good strategy speaks to both.
- Make filing decisions with the product roadmap in view
- Prepare clearer IP conversations for diligence
- Understand patentability and freedom-to-operate questions
Straight answers
Questions founders ask first.
Short, plain-language answers on provisional applications, timing, international protection and how we work.
See all questionsWhat is a provisional patent application?
A US filing that secures an early date for what it describes. It is not examined and expires after twelve months, so a non-provisional filing is needed to continue.
Is there an international patent?
No. Patents are national or regional. The Paris Convention and the PCT help you plan, but fees and examination apply country by country.
Do I need to live in the US to file a US patent?
No. Anyone can apply regardless of nationality or residence, although your home country may require permission before you file abroad.
When should I contact you?
Ideally before you publish, demo, pitch publicly or launch, because public disclosure can affect your rights. Early conversations are often the cheapest way to avoid problems.
Can you promise my invention will be patented?
No one can. Patent offices decide, and outcomes depend on the facts and the prior art. We can help you make informed decisions and present your invention well.
How do fees work?
Scope and fees depend on the work. We discuss them openly before anything starts. This site does not list prices.
Start a conversation
Can you
patent it?
Tell us what you’re building. We’ll start with the technology and help you consider a sensible next step.
Not sure where to begin?
A useful first conversation can start with the problem you’re solving—not a polished pitch.
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