Read the summary and watch or listen to the interview here: https://www.crowleylawllc.com/podcasts/avoid-these-startup-patent-mistakes-with-attorney-joshua-goldberg/
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Welcome to the From Lab to Patient, Garage to Market podcast with your host, Phil Crowley. In each episode, we discuss professionals serving the tech startup market and the issues that matter most to those companies.
You can find this show on all major platforms, including YouTube, LinkedIn, Facebook, Apple Podcasts, Spotify, and on our website, crowleylawllc.com.
Now, here’s the host of From Lab to Patient, Garage to Market, Phil Crowley.
Phil Crowley:
Hello and welcome. Thank you for tuning into our podcast. We bring you leaders in the life sciences and technology sectors who share their perspectives +on developments in this space, how to succeed, mistakes to avoid, and techniques to help accelerate your success. Our goal is to help you develop products and services that enrich the lives of thousands—or even millions—of people.
Phil Crowley:
Today, I’m delighted to have as my guest Joshua Goldberg, co-managing partner of Nath, Goldberg & Meyer in Alexandria, Virginia, and a very experienced intellectual property law colleague. Stay tuned, because at the end of our discussion I’ll ask Josh to share a couple of practical tips you can use to help accelerate your growth.
Josh, welcome.
Joshua Goldberg:
Thank you, Phil. Happy to be here.
Phil Crowley:
Please tell us a bit about your background and the path that led you to your current line of work.
Joshua Goldberg:
Like many IP attorneys, I have a science background. I earned a degree in chemical engineering and, before law school, worked in industry for a couple of years doing drug composition work—tablets, capsules, pellets, coatings, and similar formulations.
I learned a tremendous amount, including the realization that I wasn’t meant to be a bench chemist. While thinking about what else I could do with my background, I remembered a professor who once talked about his patent lawyer friend with a ranch in Colorado, a collection of sports cars, and a helicopter. I thought, “That doesn’t sound so bad.”
So I went to law school to become a patent attorney. I don’t have the ranch, my fancy car is a Civic Hybrid, and I’d be too scared to fly a helicopter—but it still worked out pretty well.
Phil Crowley:
That’s a great example of career development.
What types of work are you doing today to help companies succeed, and what intellectual property issues are coming to the forefront?
Joshua Goldberg:
It’s a wide variety. Most often, someone comes to me with a great idea and says, “I want a patent on this so I can launch a product and own the market.” I usually have to slow them down and recommend starting with a search to determine whether the idea is actually patentable.
Just yesterday, I spoke with a solo inventor who was very excited about his idea. After doing a search, I had to tell him that the chances of obtaining a patent were very low. He wasn’t happy to hear that, but he was grateful to know before spending years and thousands of dollars. I was also able to advise him on other ways to protect himself if he chose to move forward.
There are options even when a patent isn’t available—though I’ll save some of that for later tips.
Phil Crowley:
Very interesting.
What are the hot areas in patent law today? We hear a lot about artificial intelligence and major advances in biotechnology.
Joshua Goldberg:
You named two of the biggest ones. Biotechnology remains incredibly active, and AI is everywhere—how to use it to improve processes, how to invent with it, and how to invent around it.
The issue I often see is that people say, “My invention uses AI,” without having substance behind it. For example, someone once told me they added AI to a toaster oven. When I asked what the AI actually did, how it worked, or what algorithm or model it used, they didn’t know. At that point, it’s an idea—not an invention.
Simply adding AI doesn’t make something patentable. You need to think it through, develop it, and build it.
With my chemistry background, I also do a lot of work in agriculture and battery storage technology, particularly for energy generated from solar panels and wind turbines. These are very hot areas right now.
Phil Crowley:
What misconceptions do people commonly have about patent law?
Joshua Goldberg:
The biggest misconception is that a patent gives you the right to do something. In reality, a patent gives you the right to stop others from doing something. It’s a negative right.
People often believe that having a patent guarantees they can make and sell a product worldwide, but that’s not how patents work. A patent allows you to exclude others from practicing the patented invention within the jurisdiction where it’s granted.
Phil Crowley:
Exactly. You can have a patent and still be unable to market your innovation. A simple example is bicycle wheels and spokes—each may be patented separately, preventing either party from operating without permission.
Joshua Goldberg:
That’s a perfect example and often leads to cross-licensing. You let me practice under your patent, I let you practice under mine, and everyone benefits.
Phil Crowley:
You’ve emphasized that companies should focus not just on one patent, but on building a portfolio. Why is that important?
Joshua Goldberg:
There are two main reasons. First, if you’re a non-practicing entity—like an individual inventor or a university—it’s much easier to license or sell a bundle of patents than a single one.
Second, if you’re manufacturing and selling products, a single patent often leaves room for competitors to design around it. A portfolio helps surround the competitive space and makes it harder for others to compete.
This is common in the pharmaceutical industry and sometimes criticized as anti-competitive, but often it reflects real innovation and incremental improvements that require significant R&D.
Phil Crowley:
What about trade secrets?
Joshua Goldberg:
Trade secrets are often underappreciated. The downside is that they must be kept secret and can be lost if reverse engineered. The upside is that, unlike patents, trade secrets can last indefinitely.
A classic example is the Coca-Cola formula—one of the most valuable trade secrets in history. That said, with advances in AI, some speculate that even secrets like that may someday be deciphered.
Phil Crowley:
Where do trademarks fit into an IP strategy?
Joshua Goldberg:
Trademarks protect your brand—your name, logo, and identity—not the invention itself. You can obtain federal trademark registration for nationwide protection, but you can also acquire common law trademark rights through use in individual states.
Common law rights are harder to find, which can sometimes work to your advantage, but they’re geographically limited. Federal registration offers broader, clearer protection.
Phil Crowley:
What about copyrights, especially in software development?
Joshua Goldberg:
This is critical. If someone writes code for you without a written agreement—such as a work-for-hire contract—you may not own the rights. That person could reuse or sell the code elsewhere, even if it’s central to your business.
Written agreements are essential. Handshake deals are simply too risky today.
Phil Crowley:
How do inventors protect themselves internationally?
Joshua Goldberg:
Filing a U.S. patent application starts a one-year clock to file internationally. To extend that window, inventors can file under the Patent Cooperation Treaty (PCT), which effectively reserves their rights for up to 30 or 31 months.
This gives inventors more time to evaluate markets, funding, and commercial viability before committing to expensive international filings.
Phil Crowley:
Can you give a rough idea of patent costs?
Joshua Goldberg:
Without knowing the technology, I typically tell clients to expect $8,000 to $15,000 to go from initial consultation through filing a U.S. patent application. That includes searches, drafting claims and specifications, drawings, and government fees.
If someone quotes $500 for a patent application, it’s almost certainly not a full utility patent—the government fees alone would consume most of that.
Phil Crowley:
What are your top tips for innovators?
Joshua Goldberg:
First, if you can’t get a patent, focus on building a strong brand. Develop your product or service, protect your trademarks, get to market quickly, and become the recognized leader in your space.
Second, have a plan. Investors care about risk. A clear strategy for IP protection, product development, and growth makes you far more investable.
Phil Crowley:
Joshua, thank you for sharing your insights. This has been a great discussion.
To our listeners, remember that this is a video podcast available on all major platforms. Please check out our book, Avoid Startup Failure, on Amazon, and visit our website at crowleylawllc.com for free resources and past episodes.
Thank you for listening.
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