People often think of patents as something only engineers or tech startups need. But what if I told you that understanding—and strategically using—intellectual property could be one of the biggest levers in your business toolkit? In this episode of the Stride 2 Freedom Podcast, Russell Benaroya sits down with Brooke Quist, partner at Seed IP, to pull back the curtain on patents and how they can create value for any kind of company. Below, you’ll get the key takeaways, real stories, and actionable ideas you can apply—even if you don’t “feel” like an inventor.
What Counts as Intellectual Property (and Why It Matters)
Before diving deep on patents, Brooke Quist reminds us that “intellectual property” is a big umbrella. It includes:
- Patents (utility and design)
- Trademarks
- Copyrights
- Trade secrets
He explains that trade secrets are things you keep under wraps (like Coca-Cola’s secret formula), while trademarks protect your brand name or mark. Copyright covers content—books, websites, written works. Among all of these, patents are often the most complex but potentially the most powerful form of protection, especially for inventions or technical innovations.
Patent Pending, Issuance & Acceleration: The Process in Practice
When you see “patent pending” on a product, it means a patent application has been filed (even a provisional one). The tricky part? It can take years for approval.
Brooke notes that the U.S. Patent Office estimates a 3-year average, though in reality it may be longer. For urgent cases, there’s an option called Track One accelerated examination, which allows you to “jump the line” (for a fee). He’s seen clients get patents in 8–9 months using that route.
One of the key advantages of being “patent pending” is that it puts competitors on notice. But Quist warns: you can’t enforce a patent until it’s issued, so the strongest protections only kick in later.
Patents in Software & Services: When It’s Not a Physical Product
You might say, “My business is software or service—so how does a patent apply?” According to Brooke, in those cases you may be protecting a method, process, or series of steps. That can be much harder to spot and monitor. He suggests two paths:
- Patent the underlying algorithm or mechanism (if feasible) and reverse-engineer protection.
- Treat it as a trade secret—if the code or method stays behind closed doors (e.g. in a SaaS backend), and you have strict confidentiality practices.
There’s no one-size-fits-all answer here: your decision should depend on how exposed your processes are, how easily they can be reverse-engineered, and how core they are to your business edge.
If You Don’t Enforce Your Patent, Does It Lose Strength?
Yes and no. Brooke explains that in patent law, you can typically only recover damages going back six years. That means if you discover infringement after a long delay, your ability to enforce is limited.
But it’s worse than that: there’s also a doctrine in law called “Laches,” which penalizes unreasonable delay. Some cases have pushed back on the doctrine in patent law, but it remains unsettled territory.
Still, Quist emphasizes that patents can be monetized even if you don’t have resources to litigate. One smart move: license your patent to others who *do* have the bandwidth to enforce it. He gave an example of a client who licensed her patent to a competitor, letting them bear the enforcement burden while she collected royalties.
Patents Aren’t Just for Big Tech — They Work in Unexpected Places
One of the most powerful parts of the interview is how Brooke helps listeners see possibility in places they might not have looked. Many entrepreneurs dismiss patents because they believe “we don’t invent anything.” But Brooke pushes back:
“If you think you have something that’s protectable, you need to talk to someone like me sooner rather than later.” — Brooke Quist
He warns: once you publicly disclose or sell your invention, you lose the chance to get a patent—if a year passes, that’s often fatal to eligibility.
He also shares behind-the-scenes of M&A due diligence. In acquisitions he’s observed, patent portfolios can make or break a deal—buyers will carefully evaluate how IP aligns with the core products or services and whether employee invention assignments are in place.
What About Patent Trolls? How to Handle That Risk
We’ve all heard horror stories of “patent trolls” — entities that don’t produce anything but sue aggressively. Brooke walks through how they operate:
- They often buy patents from universities or holders who haven’t monetized them
- They leverage the high cost of litigation to extract small settlements
- They often bring weak or ambiguous claims hoping you’ll settle rather than fight
His advice for defense:
- Don’t ignore letters—respond with counsel
- Use procedures like “inter partes review” to challenge weak patents at the USPTO
- Explore platforms like Amazon’s patent dispute channels if infringement occurs on marketplaces
How Working With an IP Firm Usually Goes
Russell and Brooke also unpack what it’s like to engage with patent counsel. Some of the key steps include:
- Talking through your business goals and deciding whether patents fit now
- Assessing which innovations are “core” and worth protecting
- Designing an IP strategy (not just filing everything)—tailored to funding, exit, or licensing paths
- Executing the filings and managing your portfolio over time
Brooke notes that at Seed IP, they have over 50 patent attorneys covering many technical domains, which means you’ll likely be matched with someone who really understands your field.
Lessons from a Pole Vaulter, Security Guard & Attorney
Finally, Brooke shares how his seemingly diverse background—pole vaulting, martial arts, and security work—shaped his approach:
- From martial arts: “take your opponent’s energy and use it against them”
- From pole vaulting: shoot high and take risks
In practice, this means understanding the environment, seeing unseen instability, and being ready to pivot your IP strategy as the field changes.
Who should I interview next? Please let us know.
In this Freedom Speaker Series episode with Brooke Quist, you will learn:
- The process of obtaining a Patent.
- How to accelerate the Patent pending examination process.
- How Brooke helps clients determine if patenting is the right answer for them.
- How failing to enforce your Patent can weaken your position and claim.
We are fortunate to have Brooke available to spend time with us on this edition of Stride 2 Freedom. If there is a speaker you’d like us to interview, let us know. Stay well. Stay safe. Stay healthy.
Show Notes and Links From Episode:
Brooke Quist: LinkedIn
Seed IP
