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European startups and US software patents: Threat or Opportunity?

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Re: European startups and US software patents: Threat or Opportunity?

#3

Post by danmaz74 »

adrianmn wrote: post #2

So when is an Europe based company actually considered as entering the us market and fall under us patent laws? (edit)The question is about web companies, located outside US but selling to us customers(software,web apps, ebooks ... - digital products).

This is a very interesting question, especially for web companies...

Re: European startups and US software patents: Threat or Opportunity?

#4

Post by derda »

adrianmn wrote: post #2

So when is an Europe based company actually considered as entering the us market and fall under us patent laws? (edit)The question is about web companies, located outside US but selling to us customers(software,web apps, ebooks ... - digital products).

Well I think this question keeps many companies (not only startups) from moving into the US-market. Everyone is afraid, that one lawsuit can financially destroy the whole company.

In Germany for example there are insurances, that will cover your costs of lawsuits etc. when you accidentally infringe IP / patents. They will also cover if a client sues you for lost business because your product somehow failed in a bad way. Some of them will offer worldwide coverage, but every policy will exclude US lawsuits.

Re: European startups and US software patents: Threat or Opportunity?

#5

Post by porsupah »

adrianmn wrote: post #2

So when is an Europe based company actually considered as entering the us market and fall under us patent laws? (edit)The question is about web companies, located outside US but selling to us customers(software,web apps, ebooks ... - digital products).

If you're selling physical goods, then the answer is as soon as your devices are imported into the US.

I once worked for a very small UK company which ran into a patent tussle with a rather larger US competitor, as the former didn't want to exclude such a large market for potential sales. Evidence of prior art was collected, with the outcome being the overturning of their patent - at which point, a nominally amicable resolution was found.

Software patents certainly pose challenges - even if the idea seems straightforward, if it's something fundamental to the design, you'll need to check for possible US patent conflicts if you want to enter the US market, or may in the future.

Re: European startups and US software patents: Threat or Opportunity?

#7

Post by cageface »

madewulf wrote: post #6

This whole "Europe could become the new center of the world" sounds like wishful thinking to me. Asia seems a far better bet.

Asia is, without a doubt, going to be a crucial market, but, for whatever reason, Asian countries don't seem to be very good at software development yet compared to the U.S. and Europe.

Re: European startups and US software patents: Threat or Opportunity?

#8

Post by danmaz74 »

madewulf wrote: post #6

This whole "Europe could become the new center of the world" sounds like wishful thinking to me. Asia seems a far better bet.

Center of the world, nope. Center for software development... not impossible (IF the USA will continue on its current route with software patents).

Re: European startups and US software patents: Threat or Opportunity?

#10

Post by brador »

madewulf wrote: post #6

This whole "Europe could become the new center of the world" sounds like wishful thinking to me. Asia seems a far better bet.

People seem to forget Europe is the largest economy in the world. It has the talent, is mostly developed, with free trade laws and no software patents.

The main thing holding Europe back right now is language. With a unified language Europe would be an amazing market to aim for.

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