Myths about Patents and Trademarks in startups
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Myths about Patents and Trademarks in startups
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Re: Myths about Patents and Trademarks in startups
#2Excellent article, I'm bookmarking it to help my customers to realize most of the time they are loosing their time and money with patents
Re: Myths about Patents and Trademarks in startups
#3> Besides, in most countries just incorporating/registering our startup as a company would prevent anyone else from using the same name for their company.
So, the question is. Is it good/bad to incorporate using your product/service name as a corp. name? What are the pros and cons?
(Because even if you do, your product will probably end up being called something else in the end)
Re: Myths about Patents and Trademarks in startups
#4This article is software centric.
Good luck getting VC in hardware without patents.
Re: Myths about Patents and Trademarks in startups
#5> Besides, in most countries just incorporating/registering our startup as a company would prevent anyone else from using the same name for their company. So, the question is. Is it good/bad to incorporate using your product/service name as a corp. name? What are the pros and cons? (Because even if you do, your product will probably end up being called something else in the end)
This is also wrong and slightly English common law centric. A company name does not prevent someone to open a company in the same name in another state. In English common law, using a trade name gives you some protection, using a trademark gives you more protection. Trademarks are for classes. If you sell software under the name cherry cake, nobody is preventing someone to sell shoes or a car with this name since it is a different class.
Re: Myths about Patents and Trademarks in startups
#6The article does not seem to address, should one patent a method or algorithm that defines your product as a startup before launching the product?
Re: Myths about Patents and Trademarks in startups
#7A few comments:
The patent and trademark systems around the World differ.
USPTO is very open to business method patents, and software patents.
In EPO countries software has to have a real World effect, mostly, to be patentable.
Patent agents/attorneys do specialise.
Defensive publication is cheap, no need to get a patent to defend yourself. Though if you want to retain a "secret sauce" as part of your product they could probably help there.
Passing Off is a thing in lots of jurisdictions, like an unregistered trademark. Geography and company size matter in UK/EU trademarks (don't know about others), and you have to trade to retain trademark protection.
>This may help in getting the patent, but it also enables someone else to exploit the same loop holes to file a patent for the copy of our invention by just changing the grammar/vocabulary because our patent was too generic. //
That's not how that works.
I think the takeaway of "capital management might mean patents are a bad fit" is a good one.
In the UK one of the first questions asked of most companies in Dragons Den (equivalent to Shark Tank; an investor seeking "game" show on TV) is "do you have a patent" because they are seeking secure investments. Investor expectations is a big reason to get a patent.
[I'm imagining the author is not in a Western country based on the dropped indefinite articles?? Some idea of their experience would help give authority to the article.]
tl;dr it's a good attempt at an overview, but some things you can't broadbrush. At least seek an overview tailored to your target market.
Re: Myths about Patents and Trademarks in startups
#8On the contrary, the question I had while building my product was - “Am I infringing someone else’s patent?”
That was years ago. Now, I focus on value creation first and let the product succeed before venturing into patent research.
Hardware might be much tougher though. Would be interesting to see someone with hardware experience to share their real life experiences.
Re: Myths about Patents and Trademarks in startups
#9The article does not seem to address, should one patent a method or algorithm that defines your product as a startup before launching the product?
If it's the "before" you're questioning ...
You can't do it afterwards: USA has now aligned with the rest of the World as a first-to-file patent system.
Your product, if available to the public, would be a prior art citation against your patent.
Re: Myths about Patents and Trademarks in startups
#10If apple can risk it all by going into the music industry then I think your small startup can take the risk.