Key Takeaways

  • A patent is not required to launch a Kickstarter crowdfunding campaign, but it is often recommended.
  • Filing a provisional patent application before going public can protect your rights while you test market demand.
  • Crowdfunding platforms do not protect your intellectual property—filing patents and trademarks in advance is crucial.
  • Avoid disclosing sensitive “trade secrets” or using unregistered trademarks in your campaign.
  • Incorporating backer feedback can create IP ownership risks—consult legal counsel when in doubt.
  • A strong brand and clear communication help differentiate your campaign and build trust.
  • Vetting your idea and presentation carefully can prevent association with poorly-run campaigns.

Do you need a patent for Kickstarter? Crowdfunding platforms are great resources for start-ups seeking project funding, advertising, receiving community feedback, or determining a market base for their idea. The people backing, or funding, the campaign want to be able to clearly see the path of a project, especially;

  • What your project is, and how it works.
  • How the project will be completed, with as much detail as is possible.
  • The technology being used/created with the project.

This type of information cannot be shared with the public without some sort of patent, though. So where do crowd-funding campaigns fall? Do you need a patent for Kickstarter?

Should You File a Provisional Patent Application Before Kickstarter?

A provisional patent, or a legal document used to present to potential backers, is used to list the project as "patent pending." To file a provisional patent, and show a project's details on Kickstarter, a company can choose a fundraising goal that includes the expense of associated with patenting an idea with USPTO, but in the meantime, a provisional patent can be filed for $130.

Benefits of Provisional Patents for Crowdfunding

A provisional patent application offers several advantages for creators using Kickstarter crowdfunding:

  • Patent-pending status: It allows you to legally market your idea as "patent pending" without committing to the higher cost of a non-provisional patent.
  • Market validation: You can test product-market fit and gather user feedback before investing further.
  • Priority filing date: Under the U.S. "first to file" system, your provisional application secures your priority date, critical in competitive industries.
  • Cost-effective protection: With filing fees starting at $130, it’s an affordable risk management tool for startups exploring crowdfunding.
  • Flexibility: You have 12 months to refine your idea and prepare a full non-provisional patent application while gauging interest on Kickstarter.

What to Do Before Launching a Kickstarter Campaign

Read the terms and conditions for the crowd-funding source. Most often, your intellectual property will not be protected by them, and it's important to understand that there will be inevitable consequences that come with publicly disclosing a project. IP predators are always scouring these platforms, and keeping your idea protected from being stolen by these predators is not a task to be taken lightly.

Evaluate the Risks of Public Disclosure

Kickstarter crowdfunding requires public exposure of your idea, which inherently comes with risk. Publicly disclosing your concept starts the clock on U.S. patent eligibility and may immediately disqualify you from protection in countries that require absolute novelty, such as Germany, Japan, or China.

Before launching:

  • Identify which elements of your invention need protection.
  • Consult with a patent attorney to decide whether to file U.S. and foreign patents.
  • Avoid revealing how your product works in full detail unless you're adequately protected.

Part One - Protecting Your Patent Rights

A patent application must be filed within 12 months of releasing your idea publicly in the United States, and it is important to note that starting a campaign on Kickstarter is the start of these 12 months. However, these 12 months shouldn't be considered guaranteed, as the United States is a "First To File" system, which allows the first person to file, rather than the original creator, to be awarded the patent rights. If a start-up lacks the funds to have a patent application created and filed, a temporary provisional patent can be awarded to make the project "patent pending" until the funds are available. Provisional patents are more informal than the full patent and can be utilized for up to one year.

Putting your campaign on Kickstarter should not be equated with disclosing enough that it can be recreated by others in the industry. At a minimum, a provisional patent should be acquired prior to any foreign crowd-funding efforts made. In several Asian and European countries, failure to do this can result in a start-up's inability to file for patent protection.

Worldwide marketing efforts and sales should also include filing for foreign patent protection to protect your idea from being re-created overseas.

Vetting Your Idea Before Launch

Before filing even a provisional patent, it’s critical to conduct a prior art search to ensure your idea is truly novel. Additionally, evaluate whether your product meets the criteria for patent eligibility:

  • Is it new, useful, and non-obvious?
  • Does it solve a technical problem?
  • Does it fit under one of the statutory categories (e.g., machine, process, composition)?

If it doesn't qualify for patent protection, consider using trademark law, copyright, or keeping your idea as a trade secret.

Part Two - Losing Control of Your Idea

In traditional investing, non-disclosure agreements are generally used to protect a new business venture. In crowdfunding, however, these agreements are not usually possible. This can increase the risk involved with stolen ideas, which can be stolen by companies who have funding already if they remain unprotected.

In addition to not disclosing too much, it is also important to eliminate any "trade secrets" from your project information that is disclosed and to be aware that user suggestions may not be simply friendly advice.

Comments are usually considered "intellectual property" and therefore cannot be used without the possibility of the commenter owning a piece of the patent. Failure to provide everyone who has a claim to the project in the patent may cause it to be void. If a comment has a particularly good idea, it is considered best practice to consult with a lawyer.

How to Mitigate Risks with Backer Feedback

Content: While Kickstarter is a great tool for engaging early adopters, user comments can complicate IP rights. Contributions from backers, even informal ones, might be considered co-inventive if incorporated into the final product.

To manage this risk:

  • Avoid integrating backer suggestions directly without attribution or agreement.
  • Keep a clear paper trail of your original concept and development process.
  • Use disclaimers to limit claims from unsolicited suggestions.
  • When in doubt, have a qualified IP attorney evaluate the feedback and resulting changes.

Part Three - Losing Your Brand

While releasing project information on crowdfunding platforms like Kickstarter is considered launching into the public domain, a catch name or trademark can be a possible risk as well, as the law states that the first person to use a trademark or name owns the rights. However, it is left up to interpretation if this use includes crowdfunding. Because of the risk that someone could get the trademark protection first, it is considered best practice to get the registration for your trademark prior to launching a campaign. As with the patent process, a trademark must be registered in foreign markets as well.

Choosing the Right Crowdfunding Platform

Content: Not all platforms offer the same benefits. Kickstarter crowdfunding campaigns tend to focus on creative and tangible products, while GoFundMe is more donation-based and Indiegogo supports both flexible and fixed funding.

Consider:

  • Kickstarter for projects that need validation and exposure in a community that values innovation.
  • Indiegogo if you want flexible funding (i.e., keep funds even if you don’t reach your goal).
  • GoFundMe for personal or cause-related fundraising, not product launches.

Your platform choice should align with your product, funding strategy, and marketing goals.

Protect Your Brand for Crowdfunding

  • Be cautious in presenting your brand.
  • Avoid using trademarks.
  • File an ITU (intent to use) application first if necessary.
  • Consider registering your domain before publishing your campaign.

Avoiding Common Kickstarter Pitfalls

Campaigns often fail or attract criticism due to overpromising, lack of transparency, or poor fulfillment planning. To improve your Kickstarter crowdfunding campaign’s credibility:

  • Set realistic goals and delivery timelines.
  • Be transparent about risks and manufacturing timelines.
  • Work with a trusted fulfillment partner early in the process.
  • Maintain regular updates with backers throughout the campaign.

A failed or delayed campaign can damage your reputation and make future patent or trademark enforcement more difficult due to public scrutiny.

Frequently Asked Questions

  • Do I need a patent before launching on Kickstarter?
    No, but it’s highly recommended to file a provisional patent to secure your rights before public disclosure.
  • Can someone steal my idea from Kickstarter?
    Yes, public exposure increases the risk. Filing a patent or trademark in advance helps protect your idea and brand.
  • Is Kickstarter considered a public disclosure?
    Yes. Launching a campaign starts the 12-month timer for U.S. patent filing and may forfeit rights in countries that require absolute novelty.
  • Can I use Kickstarter funds to pay for a patent?
    Yes, many campaigns include patent costs in their funding goals. However, you must disclose this to backers.
  • What happens if I use a comment idea from a backer?
    It may give the commenter rights to your intellectual property. Always consult an IP attorney before incorporating external input.

If you need help with filing your patent, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.