

Is getting a patent worth it? - lenkendall

I know that's a vague question, but I'd like to hear your personal views and experiences on the subject.
======
zio99
I've spent some time pondering over this, so here's my 2 cents:

1\. Build your product first.

2\. It's expensive. If you still believe your idea is unique[1], hire help.

3\. Algorithms are not patentable. Systems and methods are.

See: <http://paulgraham.com/softwarepatents.html>

    
    
      If you want to patent an algorithm, you have to frame it as a
      computer system executing that algorithm. Then it's mechanical;
      phew. The default euphemism for algorithm is "system and method."
      Try a patent search for that phrase and see how many results you
      get.
    

4\. It's a long process. See PG's footnote:

    
    
      [3] Applying for a patent is now very slow, but it might actually
      be bad if that got fixed. At the moment the time it takes to get a
      patent is conveniently just longer than the time it takes a
      startup to succeed or fail.
    

and this: <http://paulgraham.com/startupfaq.html>

    
    
      There are two kinds of patent suits:
      1. Random people suing you in the hope of getting money.
      2. Competitors suing you in order to destroy you.
      Until you're successful, you won't have to worry about the first
      type. And once you are successful, you'll inevitably have a lot of
      them to deal with, valid or not. So fatalism is the right plan for
      type 1 suits.
    

and the classic: <http://paulgraham.com/wealth.html>

    
    
      One way to put up barriers to entry is through patents. But
      patents may not provide much protection. Competitors commonly find
      ways to work around a patent. And if they can't, they may simply
      violate it and invite you to sue them.
    

5\. It's a defensive gesture, more than a monetization/licensing move.

See: [http://www.codinghorror.com/blog/2007/07/the-coming-
software...](http://www.codinghorror.com/blog/2007/07/the-coming-software-
patent-apocalypse.html)

6\. See Modista vs Like.com (<http://thenoisychannel.com/2009/12/26/r-i-p-
modista/>) and _Roy van Rijn's_ ordeal with Shazam's patent lawyers for the
ridonkulousness (that's a word, thanks UD) of the patent system. A blogpost
describing how to create Shazam in Java receieved a letter from the patent
holder requesting it be taken down. The audacity of it in the author's words:

    
    
      A blogpost describing an algorithm can never be infrigement of
      intellectual property. The whole idea of a patent is to preserve
      an idea, to write down what it does and how it works for future
      generations. A patent has to be publicly available for this sole
      reason. This isn’t protecting their intellectual property, this is
      plain censorship.
    

Source: <http://www.redcode.nl/blog/2010/07/patent-infringement/>

And [http://www.redcode.nl/blog/2010/11/patent-infrigement-
part-2...](http://www.redcode.nl/blog/2010/11/patent-infrigement-part-2/)

7\. Also read the discussions on quora on whether patents are worth it:

[http://www.quora.com/Software-Patents/How-important-is-
paten...](http://www.quora.com/Software-Patents/How-important-is-patent-for-
consumer-tech-startup)

And <http://www.quora.com/Are-patents-valuable>

8\. And if you still want to go this route and hire a lawyer, ask the right
questions (I've dealt with a few and have concluded that in the end, you're
the best person to look out for yourself - the same goes for finances,
exercise vs. hiring a personal finance manager, trainer, anything important
for that matter):
[http://www.inventorinsights.com/Find_Patent_Trademark_Attorn...](http://www.inventorinsights.com/Find_Patent_Trademark_Attorney.html)

a. If the lawyers says his last patent applications were granted on the first
submission, that's a bad sign. You're supposed to be as broad as possible,
cover your bases, and go back and forth with the patent office a couple of
times (see Amazon's 1-click patent).

b. Another rule of thumb is to check his registration number. I don't fully
agree with this rule saying that the lower number, the better. Because that's
like saying I'm going to hire the oldest guy for my startup because he's
wiser. (I.e. he may just not be the right lawyer for you).

I couldn't figure out where I got all my information from, until I found this
old bookmark: _Anyone have experience getting software patents?_ from your
very own: <http://www.hackerne.ws/item?id=73044>

Oh my, I just realized my 2 cent post turned into a 500 word novel. I'll stop
now.

    
    
      [1] Wait! Final thought: my philosophy is to be 
      transparent about my ideas and share them. Because in the 
      end, it comes down to execution. One helpful tip is to not
      just bounce ideas off other entrepreneurs (who often meet
      you with a healthy dose of skepticism) but to ask women. 
      Guy Kawasaki's Art of the Start explained why better than
      I can, so I'll just post the link to his page here:
    

<http://brownieinmotion.ca/guykawasaki_women_killer_gene.png>

~~~
zio99
Edit: Seems that Modista is back in business, but here's a screenshot of their
website of when they shut down:

<http://brownieinmotion.ca/modista_vs_like.com.png>

------
tangerine
I am founder of a startup that in discussions with a larger company buying us
out. One of the advantages of acquiring a patent is that, a larger company
values the patent exponentially more than the money and effort I have spent on
getting it. My vague explanation of why it is so is that large corporations
have an army of attorneys and can go after the offending party, or may have a
track record of patent suits working in their favor.

Personally, getting a patent is also a value-add to my own skill set, for the
next time, whenever that is.

