Linked by Thom Holwerda on Mon 11th Jul 2011 21:34 UTC, submitted by sb56637
Legal Blah blah Apple whines about a bunch of software patents again. Go cry in a corner, Jobs. Either find a strategy that counters the rise of Android, or just suck it up and be a man about it. Oh, HTC is the target this time around. Again. Whatever.
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RE[3]: ..good !!
by JAlexoid on Tue 12th Jul 2011 22:25 UTC in reply to "RE[2]: ..good !!"
JAlexoid
Member since:
2009-05-19

3- even if reason 2 could be dismissed/solves/bypassed/or else, the time to market a patented "thing" might take more time than the six months you suggest: what about very small teams in startup companies?

Let me quote my newest acquaintance in the IP law profession: Startup companies don't have time and money to file for a patent. In US actual costs of filing are in $X0'000(tens of thousands) and in EU, slightly cheaper, at over €10'000.

Think about a brand new technique for frequency decomposition invented by one person. Finding the funding, raising money, convincing investors, hiring people, coordinating developments into a product with a high-enough quality to not look like crap in these ever-demanding times we're living in... that would take more time than a few months, probably years, even with an unlimited supply of money.


The patents that I reviewed in 2006 and 2007 have only just been granted in US. And that is for a major US corporation with basically an army of patent lawyers on it's retainer.

The situation might well be even more complicated in case it takes a prototype or working artifact to apply for a patent (can someone confirm this?)

There is no need for a working prototype.

Reply Parent Score: 2

RE[4]: ..good !!
by vodoomoth on Wed 13th Jul 2011 08:01 in reply to "RE[3]: ..good !!"
vodoomoth Member since:
2010-03-30

"3- even if reason 2 could be dismissed/solves/bypassed/or else, the time to market a patented "thing" might take more time than the six months you suggest: what about very small teams in startup companies?

Let me quote my newest acquaintance in the IP law profession: Startup companies don't have time and money to file for a patent. In US actual costs of filing are in $X0'000(tens of thousands) and in EU, slightly cheaper, at over €10'000.
"
Then the situation is even worse than I initially thought, almost defying the purpose of patents, weren't they supposed to foster innovation?

Anyway, patenting something is still possible with support from a business incubator or another type of business support. In fact, my previous comment describes my own start-up company project: I am joining an incubator next September for a software project based on frequency decomposition and analysis AND any patent-related fees would be paid by the incubator, to be reimbursed later.

Reply Parent Score: 2

RE[5]: ..good !!
by JAlexoid on Wed 13th Jul 2011 14:28 in reply to "RE[4]: ..good !!"
JAlexoid Member since:
2009-05-19

Well... Be prepared for scrutiny of your invention.

But you'll see. Either your application will be overly technical or it will be transformed by the lawyers into something you would never recognise.... But I bet you'll be violating quite a few of some of the obvious patents. Well... That is the cost of doing business in US.

Reply Parent Score: 2