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Is it a good idea to file a patent for my product idea? How soon should I do it? Where should I file the patent? I am told it is really important but not sure how to start.

asked Dec 29 '09 at 02:44

Amir%20S's gravatar image

Amir S
251313

edited Jan 30 '10 at 18:13

Habib%20Haddad's gravatar image

Habib Haddad ♦♦
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Added a missing tag

(Jan 30 '10 at 18:36) Habib Haddad ♦♦ Habib%20Haddad's gravatar image

There is no single answer to this question and I reiterate some of the previous points in that it depends on the space that you are in.

Assuming that you are working in a space where your competitors have patents, it is then a good idea to build an intellectual property portfolio of your own. An IP portfolio does not only protect your ideas from being copied, but it can also serve as protection from litigation if you are working in a crowded IP-protected space.

Cost wise, in the US, an end to end patent prosecution, from the beginning until patent issue, could run you up to $10K or $15K if working with a patent attorney. A less expensive way to protect yourself if you are unsure of the patentability of the idea or of the value of obtaining a patent, is to file a provisional application for a patent. This is a much faster and less expensive process. You then have 12 months to decide to either file for a patent or abandon the provisional application.

answered Jan 05 '10 at 01:35

Jean-Claude%20Saghbini's gravatar image

Jean-Claude Saghbini
1762

you read my mind :)

(Jan 05 '10 at 02:01) Sami Shalabi ♦♦ Sami%20Shalabi's gravatar image

Great points. I found provisional to be the best - Cheap and gives you enough time to decide if you want to pay for the full one, a lot happens in 12 months :)

(Jan 05 '10 at 07:31) Habib Haddad ♦♦ Habib%20Haddad's gravatar image

I wouldn't worry too much about it - I'd focus on building your product and executing well instead of getting a patent for an idea. Patents take time, and someone could very well build whatever it is you're trying to get patented while you're in the process.

Whether or not you should get a patent depends on many things; mainly on the nature of your product. If the product is web-based, I'd focus on getting something out the door. If it's a new product or new method, maybe. Also, you want to consider patents between countries; a patent in one country might not be enforceable in another.

answered Jan 03 '10 at 00:22

omarish's gravatar image

omarish ♦
6097

Very well said Omar :)

(Jan 03 '10 at 23:18) Habib Haddad ♦♦ Habib%20Haddad's gravatar image

Most startups file patents to create/document value, not to protect the idea. A patent is sometime a verification for investors that the startup has something that is worth patenting. you can also use the buzz word "patented technology" to market your product.

I'm yet to see a case where patenting the idea created any difference to the core business of a startup. Competitors will always find a way around patents. And as a startup, you can't afford to file multiple patents for each idea to block all the ways to the idea.

answered Jan 04 '10 at 23:05

Ammar's gravatar image

Ammar
564

Coming from a software development background and having worked for very large companies, I know how much patents can be worth and how they can attract acquisition. At the very least, they help you protect your IP, even if you are not looking to sell the patent. The last thing you want, is for you to be working your ass off on getting a new technology in place and for someone else to steal your idea, patent it and then sue you for it. So, if nothing else than to protect yourself, I would say, at least cover your basis and have the provisional patent in place, at least in the main countries where you will be marketing and expect competition to come in.

answered Jan 05 '10 at 13:19

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Des
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