OK, this is a biggie.
I believe that some of the tools ideas I have are probably patentable. But should I patent them? There are lots of pros and cons. Worse still, I actually have to make a pro-active decision about it, and soon. I want to be able to talk freely about what I’m doing within a few weeks, without having to get everyone to sign non-disclosure agreements. That either means I file a patent within that time, or it means I give up on the whole patenting idea forever. (Once you’ve publicly disclosed an idea you can’t patent it).
| Pros of patenting |
Cons of patenting |
- Prevents anyone else copying my ideas.
- Adds value to the business. It would be a tangible asset that would make investors much more interested, if ever I need them. Or potential purchasers if ever I need them.
- If a competitor ever threatens to sue me for infringing their patent, I may be able to use my patent as a bargaining chip. This mutually-assured destruction seems to be the main reason that most IT companies patent.
- Nothing To Pay For 12 Months. You can file a patent for free and then, in 12 months decide whether to withdraw it, or pay to proceed with it. This suits me well, since by then I will have made my mind up about whether this company is going to work. Hopefully.
- Learning about the process.
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- Software patents are nasty. They are almost all awarded to large companies, which use them to stifle the innovation of small companies, by threeatening to sue if they ever get close to competing.
- Software patents are almost always blindingly obvious, yet get granted anyway. This enforces their nastiness.
- They are so nasty that co-operation with the free software community might be more difficult in future.
- More work. I reckon it would take about 5 days to file a patent. Given that I’m working part-time, that’s 2 weeks when I’m not coding.
- Cost in 12 months. Estimated fees seem to be about £5000, if I decided to go ahead with it at that stage.
- Patents aren’t particularly reliable as a way to guard intellectual property. They can be challenged, and often are.
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In some ways it’s just an argument between working hard on the product to gain competitive advantage, versus trying to legally protect it. When put like that (and given that software patents are nasty) I’m inclined not to patent, and just to work hard. However I can’t get away from the fact that it would add value to the company. There’s also the irritating fact that patents are supposed to be there to encourage ‘little people’ like me to innovate, and if I don’t have any IP to bargain with, they might just cause me to get squished one day.
As usual, all thoughts welcome. This really is a tricky one and I just can’t make up my mind.
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October 3rd, 2006 at 11:54 am
I’d be inclined to patent, Ade.
It’s a universally recognised means of protecting your IP (regardless the length to which you may/may-not pursue that protection).
It also demonstrates you’re serious about your technology & have an investment in it. And don’t look on the 5K as a cost/con, it’s an asset. The 5K forms part of the value of your IP.
But then don’t listen to me too closely…I call myself ‘Woop’.
October 3rd, 2006 at 8:51 pm
Can you patent software in the UK? And if you’re considering a US patent, have you evaluated the DIY option?
http://www.nolo.com/
October 3rd, 2006 at 11:10 pm
Hello, thanks both for your replies. Initially I am thinking about a UK patent – yes, you can patent software, although you have to describe it in terms of being a machine to do something.
October 4th, 2006 at 1:39 pm
I have received an offline response saying that I probably ought to go for the patent option.
So currently the votes are 2-0 for patenting.
Any other thoughts?
John, BTW, I haven’t looked at whether it’s possible to do DIY patents in the UK. It might be. I guess it comes down to a tradeoff about whether the fees are worth it for the increased protection it’s likely to give you, due to being better worded. I think a good compromise might be to draft it myself then get it checked over. But fortunately I don’t have to think about that for 12 months… it’s the initial filing that I have to worry about at the moment, which is definitely something I’d do myself.
October 4th, 2006 at 10:01 pm
Well, the patent office claim it’s possible, but ‘recommend you get professional advice’. Nolo are a respected option stateside, but well, the US is definately different.
How much do you buy your list of Pros and cons? Pro 1, for example, seems to assume you can afford to defend your patent in court (in time as well as money terms). Can you?
Is Pro 5 something you need to do now?
Aren’t cons 1-3 the same thing?