IP Deadlines for Startups: A Year-by-Year Calendar
The most important startup IP deadlines are the 12 months after a provisional patent application to file the full application, and the one year U.S. grace period after you publicly disclose an invention. Trademarks, copyrights, domains and assignments have their own dates. Some deadlines cannot be fixed once missed, so confirm each date with the USPTO or a registered practitioner.
Startup lifecycle A to Z · Letter Y · Stage: Launch
Why IP deadlines matter more than most startup deadlines
Most business deadlines are forgiving. A late tax filing costs a penalty. A late invoice causes an awkward email. Intellectual property deadlines can be different, because some of them are not extendable and some missed dates remove a right permanently. You can lose the ability to patent an invention in other countries, or lose a registered trademark, or lose a chance to record who owns what, and no amount of effort afterwards can undo it.
The problem is that the dates are scattered across different offices and rules, and the clock often starts on an ordinary business event, not a legal one. Putting a demo on a website is a marketing decision. Under patent rules it can also be the moment a clock starts.
This guide builds a calendar in two ways: by event (what starts a clock) and by year (what comes due in the first years of a company). Use both. The event view catches the surprises, and the year view keeps routine filings from slipping.
A word of caution before the tables
The dates here describe general U.S. rules as commonly understood. Fees, exceptions, grace periods and procedures change, and your facts may differ. Treat every date in this guide as a prompt to check, not as legal advice. Confirm each one with the USPTO's own pages (the guides on startup lifecycle stages help with the planning side) or with a registered patent practitioner or attorney before you rely on it.
Events that start a clock
Many IP deadlines begin with something a founder does for ordinary business reasons. Here are the common triggers and what each can start. The right-hand column is intentionally cautious, because the exact consequence depends on the facts and on the country.
| Event | What it can start or affect | What to do |
|---|---|---|
| Public demo, talk or conference presentation | For U.S. patents, a one year grace period may begin. In many other countries the right to a patent can be lost at once. | Decide on a patent filing before the event, not after. |
| Website, app or product launch | Public use or disclosure of an invention can start the same clock. Also the point from which trademark use is easiest to prove. | File a provisional application or decide not to patent, in advance. |
| First sale or offer for sale | An offer to sell an invention can count as a disclosure for patent purposes, even if the details are not public. | Treat the first quote or pre-order as a trigger. |
| Funding announcement or press release | If it describes how the invention works, it may count as a public disclosure. | Review the wording with whoever advises on the patent. |
| Hiring a contractor or freelancer | Ownership of what they create is not automatic. Without a signed assignment, the company may not own it. | Sign the agreement before work begins. |
| Filing a provisional patent application | Starts the 12 month period to file the full (non-provisional) application. | Put the date, and two earlier reminders, in the calendar immediately. |
| Trademark registration issuing | Starts a schedule of periodic filings after registration to keep it alive. | Check the USPTO for the exact schedule for your registration. |
| Patent being granted | Starts a schedule of maintenance fees over the life of the patent. | Calendar every fee window as soon as the patent issues. |
| Co-founder or employee leaving | An opportunity to collect missing assignments and remind about confidentiality duties. | Run an exit checklist the same week. |
Why the patent triggers are the dangerous ones
Patent rights are unusual because you can destroy them by publicizing the invention too early. In the U.S., a limited grace period for your own disclosures exists, and a lot of other countries have no equivalent or a much narrower one. If you ever plan to protect the invention abroad, the safe approach is to file first and share afterwards. The step-by-step view is in provisional patents for startups and the patent process for startups.
Patent deadlines in detail
The 12 month provisional deadline
A provisional patent application is a low-formality filing that holds a date for you. It lasts 12 months. It is never examined, and it never becomes a patent by itself. To keep the benefit of its date, you generally need to file a regular (non-provisional) application, or an international one, within those 12 months, claiming the provisional's date. The USPTO describes this on its pages about patent application types and managing a patent, listed in the sources at the end. For which kind of patent fits which invention, see types of patents for startups.
Practical points:
- The 12 months run from the provisional's filing date. Count forward and set the reminder on the day you file.
- There are narrow exceptions that allow a late filing in some cases of unintentional delay, but they depend on the facts, add cost and are not a plan. Do not rely on them.
- If you want protection in other countries, a similar 12 month window usually applies for claiming the earlier date abroad. The rules differ by country, so a registered practitioner should confirm them.
- Filing a provisional does not stop the invention being a public disclosure if you then show it off. It only fixes your earliest filing date.
The one year grace period for public disclosure in the U.S.
In the United States, if you (or someone who got the information from you) publicly disclose your invention, you generally have one year from that disclosure to file a patent application. After a year, your own disclosure can be used against you. This is often called the grace period.
Three things founders get wrong about it:
- It is U.S.-specific. Many other countries require that an invention be new on the filing date, with no grace period or only a very narrow one. A U.S. disclosure can end foreign rights immediately.
- It does not protect against others. If a competitor files first or discloses independently in the meantime, the U.S. system rewards the first inventor to file, and the grace period may not save you. Wysebridge's explainer on the America Invents Act and first-inventor-to-file covers how that works.
- It is not a plan. It is a safety net for mistakes. File before you disclose where you can.
Maintenance fees after a patent is granted
A granted U.S. utility patent generally lasts up to 20 years from filing, but only if maintenance fees are paid at set points after grant. The USPTO publishes the schedule and the amounts on its maintain your patent page, and the fees change from time to time, so check the official page rather than relying on a figure you saw elsewhere. If a fee is missed, the patent can expire. Late-payment windows exist for a limited time and cost extra. See the USPTO pages on managing and maintaining a patent, listed under sources below.
Other patent dates to track
- Response deadlines in examination. When the patent office sends a communication, there is a set period to reply, and extensions generally cost more. Your attorney or agent will track these, but know the date too.
- Foreign filing deadlines. If you want protection abroad, the deadlines usually run from the first filing and are strict. See international IP protection for startups.
- Assignment recording. Covered below.
Trademark, copyright, domain and assignment dates
Trademark deadlines (general level)
A trademark application is not the end of the calendar. After a mark registers, there are periodic filings over its life to keep the registration alive, including declarations that you are still using the mark and renewals. The first of these arrives in the early years after registration, and renewals recur on a long cycle. Exact periods, grace windows and fees are set by the USPTO and can change, so check the USPTO's trademark pages for the schedule that applies to your registration, and put each date in your calendar when the registration issues. The basic application fee is $350 per class (see the USPTO cost page in the sources below), and the broader picture is in how to trademark your startup name.
During the application itself there are also response deadlines if an examiner raises an issue. Missing one can cause the application to be abandoned. Use an email address you check daily when you file, because official correspondence usually goes there. Wysebridge's free trademark law guide describes what happens between filing and registration.
If you need a lawyer for trademark matters, state bar directories and referrals are the usual route. Wysebridge's practitioner directory covers patent attorneys and agents, not trademark lawyers.
Copyright registration timing
Copyright arises automatically when you create an original work, so there is no "protection deadline." Timing matters for registration. In the U.S., you generally need to register before you can sue for infringement of a U.S. work. Registering early, either before an infringement begins or within a short window after first publication, generally preserves the ability to seek statutory damages and attorney's fees. Because the windows and conditions are detailed, confirm them with the Copyright Office or an attorney. More on this in copyright for software startups.
Domain renewals
A domain name is rented, not owned. Registrations run for a set number of years and then expire if not renewed. Expired domains can be picked up by others, sometimes within days, and a lapsed brand domain is a security and reputation problem. Turn on auto-renew, use a company-owned account (not a founder's personal email), and keep payment details current. See domain names and brand protection.
Recording assignments
When a founder, employee or contractor signs an agreement assigning IP to the company, the company owns the rights. For patents and trademarks, you can also record that assignment with the USPTO, which creates a public record of who owns what. Recording sooner is generally better, because the law gives priority to recorded transfers against later buyers in some situations, and buyers and investors look for a clean record. The agreement side is covered in IP assignment agreements.
A year-by-year calendar
This table gives a rough shape of the first years. The "when" column is relative to the event, since your dates will differ. Each line should be turned into an actual calendar entry with two reminders ahead.
| When | What to check or do | Why |
|---|---|---|
| Before day one | Name search, domain and handle registration, founders' IP assignment signed | Avoids rebuilding a brand and unclear ownership |
| Before any contractor starts | Signed assignment and confidentiality terms | Ownership is not automatic |
| Before any public demo or launch | Decide on a patent filing or consciously decide not to | Starts or ends patent clocks |
| Month 0 of a provisional | Calendar the 12 month date; line up a practitioner | The date is not extendable in the normal case |
| Months 6 to 9 of a provisional | Decide whether to file the full application and where | Drafting takes time |
| Month 12 of a provisional | Full application filed, or the date is lost | The firm deadline |
| Year 1 | Trademark application filed, notices in place, copyright registration for key works if worthwhile, domain auto-renew checked | Locks in rights early |
| After a trademark registers | Calendar the post-registration filings from the USPTO schedule | A missed filing can end the registration |
| Years 2 to 3 | Review IP audit, update assignments for new hires, record assignments | Prepares you for investor review |
| After a patent issues | Calendar every maintenance fee window from the USPTO schedule | An unpaid fee can expire the patent |
| Yearly | Domain renewals, contractor and employee agreement review, annual IP review | Prevents slow drift |
The yearly review is a good fit for the startup IP audit checklist. Investors will read the result as a sign the founders are organized, and it ties into protecting IP before fundraising.
Mistakes that cost founders their rights
- Demoing first and thinking about patents later. Once the invention is public, foreign rights are often already gone.
- Treating the provisional as a patent. It is a placeholder with an expiry date, not a granted right.
- Counting on the grace period. It is a U.S. safety net, and it does not protect you from a competitor who files first.
- Putting reminders on one person's calendar. People leave. Use a shared company calendar and a document that lists every date.
- Using a throwaway email for filings. Official notices go there and a missed message can mean a missed deadline.
- Letting the domain lapse. It is an easy, cheap mistake that can be very costly.
- Skipping the recording step. A clean ownership record is a quiet requirement in later funding and sale processes.
A related risk is assuming that someone else is watching the date. If you hire a firm, ask them in writing which deadlines they are tracking for you and how they will tell you. If you file on your own, you carry all of them.
Where this fits in the startup lifecycle
Deadlines run from Launch onwards, though several of them are set during Build. The guide before this one is startup moats and defensibility, which shows why the filings are worth keeping alive. The guide after it is the series capstone, the zero to launch IP playbook, which sequences everything in this calendar in a single plan. The wider map is the startup lifecycle A to Z.
What to do this week
- Open a shared spreadsheet and list every IP filing and renewal you already have, with dates.
- For each, add the clock-start event, the deadline, and two earlier reminders.
- Move every filing-related email to an address the company controls.
- If a public demo or launch is coming, decide on any patent filing before it happens.
- Verify each date against the USPTO pages or with a registered practitioner. Wysebridge's directory of USPTO-registered patent attorneys and agents can help you find one for patent matters.
Frequently asked questions
What is the provisional patent deadline?
A provisional patent application lasts 12 months from its filing date. To keep the benefit of that date, you generally need to file a non-provisional or international application within those 12 months. The provisional itself is never examined and does not become a patent. Confirm the exact date with the USPTO or a registered practitioner.
What is the one year grace period for patents?
In the United States, if you publicly disclose your invention, you generally have one year from that disclosure to file a patent application. Many other countries have no such period or a narrower one, so a disclosure can end foreign rights at once. Treat it as a safety net rather than a plan.
What events start a patent clock for a startup?
Common triggers include a public demo, a launch, a conference talk, a first sale or offer for sale, and a press release that explains how the invention works. Each can count as a disclosure. If you want patent protection, decide on a filing before any of these happen.
Do trademarks have maintenance deadlines?
Yes. After a trademark registers, there are periodic filings over its life to keep it alive, including declarations of continued use and renewals. The exact schedule, grace periods and fees are set by the USPTO, so check its trademark pages for the dates that apply to your registration.
When should I register a copyright?
Copyright exists automatically, so there is no deadline to protect the work. Registration timing matters for enforcement: in the U.S. you generally need it before suing, and registering early can preserve the option of statutory damages. The windows are detailed, so check with the Copyright Office or an attorney.
Do patents have ongoing fees?
Yes. A granted U.S. utility patent requires maintenance fees at set points after grant, and the patent can expire if they are not paid. The USPTO publishes the schedule and the current amounts, which change over time, so rely on its official page.
Should I record my IP assignment with the USPTO?
Often yes. Signing an assignment transfers ownership between the parties, and recording it creates a public record that buyers and investors can see. Recording promptly generally protects you better against later transfers. A registered practitioner or attorney can confirm how it applies to you.
Key terms on this page
Keep reading
- Provisional Patent Application: A Startup Guide IP guideHow a provisional patent application works for startups: the 12-month deadline, what it protects, patent pending meaning, and provisional vs nonprovisional.
- Patent Process for Startups: Step by Step GuideThe patent process for startups step by step: invention disclosure, prior art search, provisional, non-provisional, office actions, allowance and maintenance.
- Startup IP Audit Checklist: Find Gaps in 90 Minutes GuidePractical IP audit checklist for startups: inventory names, code, inventions, data, content, agreements and open source, with scoring and a 90 minute workflow.
- How to Trademark a Business Name: Startup Guide IP guideHow to trademark a business name: search first, pick the right classes, file with the USPTO, and see how a trademark differs from an LLC name registration.
- How to Protect Your Startup Brand: Domains and Handles GuideHow to protect your startup brand: the order to search a name, register the domain, claim handles, form the entity and file a trademark.
Learn more from Wysebridge
Wysebridge owns, operates and sponsors Revolutionary Startups, so these are links to its own free resources and directories. Read the disclosure.
- Wysebridge patent law guideFree guide to U.S. patent law: provisional and non-provisional applications, claims, patentability and USPTO prosecution.
- Wysebridge trademark law guideFree guide to U.S. trademark law: searching, TSDR, registration, office actions and TTAB disputes.
- Read the MPEP online freeThe full Manual of Patent Examining Procedure with the statutes and rules it cites, free to read and search.
- Find a USPTO-registered patent attorney or agentProfiles of USPTO-registered patent attorneys and agents, built from the public USPTO roster. Covers patent practitioners, not trademark-only lawyers.
Part of Protecting Your Startup · All guides · Glossary
Sources
General information, not legal, tax or financial advice. Reviewed 11 November 2026.