If I’m considering starting my own business, should I create my LLC before filing my patent?

UPDATED: Sep 29, 2022

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If I’m considering starting my own business, should I create my LLC before filing my patent?

This would allow me to file my patent under my LLC, and not under myself as a micro entity. Would it be smart to do this or will I be fine if I file my patent under myself and not an LLC.

Asked on November 3, 2015 under Business Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In terms of patent protection, the patent is equally valid and equally protective either way, so from a patent-perspective, there is no difference. But moving beyond patent issues, as a general matter, it is advised that you establish your LLC first, then conduct business, pay expenses, file things, etc. under the rubric of the LLC. Doing so will maximimze your personal protection from liability, and also streamline and optimize your ability to take tax deductions for business expenses.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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