
Ask HN: How to challenge a patent? - mandeepj
We have developed a 3d try room [1]. It is one of its kind. Today, I came across this patent [2] which seems to be very generic. It is like patenting a laptop with a keyboard and a charger. I would like to protect our startup.<p>Applicant&#x27;s site is not working as per their patent. Seems like they just wanted to patent their dream functionality.<p>Please let us know what are our options.<p>[1] - www.SenseStyles.com
[2] - https:&#x2F;&#x2F;www.google.com&#x2F;patents&#x2F;WO2012110828A1?cl=en&amp;dq=metail&amp;hl=en&amp;sa=X&amp;ved=0ahUKEwjsu7XFloHQAhUQT48KHd6RCtkQ6AEIIjAB<p>Update 1 - Added more detail
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jeffmould
IANAL, but you should contact one. That's the simple answer.

The problem with asking this question here is two-fold. First, you are
potentially admitting that you think you may be violating that patent. Just
because a site is not working, does not mean they are not a patent troll.

More importantly, you will get a mix of answers, if any. Patent law is
complicated and, in most cases, not a simple yes you are violating or no you
are not violating answer. The responses you get by asking that question in a
public forum will fall along that line. Some people may think you are and
others will not. In the end, you still don't have the answer to your question
and are most likely more confused than when you started :)

Finally, just looking at your site, not sure if you are aware but I know of
several patents that are being utilized for similar technology. Check out a
site: [http://zugara.com/virtual-dressing-room-
technology](http://zugara.com/virtual-dressing-room-technology) and on their
site they list the patents they are using.

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mandeepj
Thanks for your detailed response. Appreciate it.

I visited at least 10 online try room sites before starting work on my site.
None of them were using the techniques that we have implemented. We wanted to
address their shortcomings.

Lot of my friends told me recently to get my idea patented and I started
exploring any similar patents. This is how I came across above patent.

~~~
lancewiggs
Talk to a patent attorney or patent strategist and ask about "freedom top
operate" (FTO). Talk to a parent strategist for guidance on the best path
forward. Talk to a patent attorney if you want to spend lots of money on
patents (that's what they do) Talk to your lawyer only to get referrals to
people who know this space. Meanwhile make sure everything you do/have done is
well documented.

(I'm a director of Everedgeip, but not an advisor)

~~~
mandeepj
Thanks for your response. Yes, we have design docs, code repositories and lot
of other docs.

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luisivan
Hi there,

This is the exact reason why we built Unpatent
([https://unpatent.co](https://unpatent.co)) so feel free to reach me at
luis@(our domain name) and we'll help you out!

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mchannon
If your idea is substantially different from theirs (yours being specific and
theirs being vague), applying for your own patent, expressly including theirs
as a reference and distinguishing what's novel about your technology and how
it differs from theirs, is probably the best way forward.

Can't get much cheaper or more effective than having the USPTO rule your
patent as valid and distinct; even a lengthy DIY patent process will run you
less than a couple hours of a middling patent attorney's time.

Odds are your business will fail or be acquired by the time the patent issues
or even gets looked at (I'm still litigating a patent application I initially
filed in 2010). Your goal is to succeed or fail based on the quality of your
business model and only use the patent process as needed to entice investors
and scare away trolls.

Patent pending is not as good as issued, but darn close for a number of
investors.

~~~
mandeepj
Great response. Much thanks

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CalChris
You might find some help at patents.stackexchange.com

