Am I worrying too much about my IP?


1

I've spent the better part of the last several years developing a product/algorithm, and although I lack the time/funds to do an exhaustive patent search, I'm 99.99% certain that the algorithm is patentable. I think the algorithm has multiple potential applications, and the first product (mobile app) is ready to move into testing. I'd like to begin contacting potential investors, but I also want to do my best to make sure that my IP is protected. After release, the algorithm could probably be reverse-engineered with a modest amount of effort. I realize that a good patent attorney could be helpful here, but I really just don't have the budget for one at this point.

I've read the relevant parts of the NOLO patent book and all the other info I can get my hands on, and I've spent about a month attempting to come up with a writeup that I can either get witnessed or use as the basis for a provisional patent, but so far the going is very slow as I am attempting to document the generalities as well as the specifics. Part of the difficulty is that I'm not sure about exactly how much I need to document. There is a lot of supporting machinery around the core algorithm which could vary in an alternate embodiment, and flowcharts tend to be difficult to work with, especially when expressing state/concurrency. I do not doubt that I can document all this, but it may take quite a bit of time, and I'm worried that it could sap all momentum from the project. I'd rather be coding and advancing the product.

I do not have a lot of documentation of the invention other than my source code, and I am aware that this is not an ideal scenario. But if I'm planning on opening the project to testers soon anyway, is releasing the product itself sufficient to document that I am the first to invent? (I am aware that this gives me a 1 year deadline to file, and there is no remote logic in the application). I am under the impression that this might be a problem in countries where the rule is "first to file" as opposed to "first to invent", but I'm not sure I can afford to worry about that right now.

It might be an outside chance, but my other worry is that I might get an early investor that wants to develop the product further without releasing, which would leave me somewhat exposed until I get a patent application filed. But that would also hopefully mean funds to hire a patent attorney.

Patent Investors Intellectual Property

asked Aug 28 '12 at 02:56
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H Y Wl Dya46v Zp0tjt N Wq F
8 points
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2 Answers


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If you can't afford to protect your IP, you won't have any IP to protect.

An initial consultation with a patent attorney (at least in the US) is free. Do it.

The get an investor, or get a second job, or take out a loan, and patent your invention.

answered Aug 28 '12 at 03:57
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Gary E
12,510 points
  • Interesting, I was not aware of the free consultation, but I started leaning toward this conclusion after submitting my question. Thanks. – H Y Wl Dya46v Zp0tjt N Wq F 12 years ago

0

Agree with Gary - you need the cash to protect / defend a patent, and sitting down with a patent attorney will answer more questions that we can from this side of the web.

This doesn't mean that you become a patent troll - it means that you have to actively protect against infringement or possibly lose your rights.

Also, if you're concerned about "first to file" issues, consider a provisional patent, get your date set, then go about making the business work. Here's a post of provisional / non-provisional patent strategies to consider.

answered Aug 28 '12 at 04:11
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Jim Galley
9,952 points
  • Hehe, thanks for reassuring me about becoming a patent troll, and thanks for the supplemental info. – H Y Wl Dya46v Zp0tjt N Wq F 12 years ago

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