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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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