

What do you do when you find out that your idea is patented by someone already? - pbnaidu

What do you do when you find out that your idea is patented by someone or loosely covered by a patent, especially when you find out late in the project implementation?
Do you go ahead with the product or do you drop the project and change directions?<p>Please consider a scenario where you did do extensive research before starting the project and after 2 or 3 months in to the project you found out that someone has patent of your idea.
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pg
Do it anyway. It's rare for a startup to be sued for patent infringement. But
more importantly, in the course of working on this idea you'll discover your
real one.

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pbnaidu
Thanks for your advice, I'll keep that in my mind.

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ivankirigin
First, be open about it to any potential partners and investors.

Second, are there any partnership options with the patent holder? Most people
are smart enough to know a patent that is just held isn't all that valuable.
Killing a startup won't help a company that isn't really in the field.

Third, an extremely cynical patent lawyer tells me the whole system is
extremely fungible. This might mean that you can get out of infringement
easily.

Forth, have any others tried to go against the patent and failed?

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pbnaidu
Thanks for your comments. I just have a concern that once a company holds a
patent on something, they're closer than me in creating a similar product.

I agree with you on all points made.

I'll keep working on it.

Thanks

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ivankirigin
Take confidence that established organizations move slowly. I used to think
that lots of bodies and very talented people are faster. They're slower.

Except for things like aircraft carriers. Large organizations can do that
better (i.e. at all). So just don't include a nuclear reactor in your plans,
and you'll be ok.

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blored
I agree with pg, go for it anyway.

