Abstract: “Mass entrepreneurship and innovation” is an effective way to stimulate social innovation potential and entrepreneurial vigor. The role of intellectual property in entrepreneurial activities has attracted much attention. The paper examines the complex relationship between entrepreneurial activities and the application and use of patent through questionnaire surveys and field interviews of nearly 200 Shanghai technology startups. The survey found that patents have a weaker incentive for startups to innovation, but they play an important role in helping companies gain competitive advantage, such as preventing technology from copying, obtaining government support, and improving corporate image etc. Start-ups are reluctant to apply for patents for the insufficient legal protection and the fear of competitors’ follow-up R&D etc. The commercialization of the patent in entrepreneurship needs to be further strengthened besides the defensive purposes, and suggestions for improving the application of comprehensive patent strategies and raising the level of judicial protection are proposed.