AI can accelerate product development and make a successful product easier to imitate. In this Schell IP video, Jeff Schell explains why founders should reassess what actually prevents a competitor from reproducing their commercial advantage.
The conversation covers software, reverse engineering, and physical product development. Its central business question is useful across those settings: when speed alone becomes a weaker barrier, which parts of the product deserve a deliberate protection strategy?
Start with the feature customers would miss
A patent portfolio is more useful when its claims connect to the feature, process, or architecture that creates customer value. A filing that merely describes the first prototype may leave a competitor room to deliver the same benefit another way.
Bring three perspectives into the discussion: the technical team that understands the invention, the commercial team that understands demand, and patent counsel who can evaluate the available claim scope. Ask what a capable competitor would change first and whether the original disclosure supports those alternatives.
Build a practical defensibility map
- Identify the technical advantage customers pay for, rather than listing every product feature.
- Separate what becomes visible after launch from internal know-how that can remain confidential.
- Record likely alternative implementations and the evidence available to detect copying.
- Compare the cost and timing of filings with the company's next launch or financing milestone.
Patents do not guarantee a market position or give their owner permission to practice every aspect of a product. Their potential value depends on the issued claims, validity, ownership, enforceability, and commercial setting. The USPTO's patent essentials provide the underlying distinction between an application and a granted right to exclude.
What should an AI startup do next?
Use the video as a prompt for a product-specific review. A short inventory of core technology, disclosure dates, contributors, and likely workarounds is a stronger starting point than a target number of patent applications.
Related support from Schell IP
This article provides general information. It does not replace legal advice about a particular invention, company, or transaction.
