4 ms·
I am not a lawyer, but I think you're worrying about a "maserati problem." Many conditions need to be satisfied for this to become a concern. You'd also have to
by d_r 16y ago
I am not a lawyer, but I think you're worrying about a "maserati problem." Many conditions need to be satisfied for this to become a concern. You'd also have to become successful and very visible. Remember that, as with any ventures, there's always a high chance that your venture will fail. Definitely do your due diligence on issues like this -- but really, focus on making your venture better and better and grow it.
It takes many years (say, 5) for a patent to be granted. The application won't show up on the USPTO website for at least a year. Also, it's unknown what the exact claims of their patent are at this moment. The patent may not be granted. It may even be that they filed the patent application months ago (before your idea.) It might even be that another, unknown firm, already has a patent for the same technology, although presumably this co. did their due diligence first.
A number of things can happen in a few years. I'm speaking completely hypothetically here, but, suppose, 6 years later their patent is actually granted. Again, it's unknown what the claims of their patent are. Even if your tech. exactly matches theirs, they may not sue. And if by that point your venture fails or is a small fry, it's a moot point. If your venture IS wildly successful and you're highly visible, you could see a lawsuit. But by then you're wildly successful and your efforts paid off.
If you're that visible, you'll presumably have significant funds for a legal defense. You might see a request for an injunction to stop producing X. You might end up settling and pay licensing fees. To me this scenario is very similar to Android: Google side-steps some potential issues when building the Android platform, Sun does not sue, Oracle acquires their IP, "waits" until Android is prominent, and then sues. Did this outcome (now known to us) stop Google?
Many big firms (say, RIM or HTC) have been sued by competitors for allegedly infringing on their patents. Did the threat of the potential future lawsuit stop them from building this tech?
I would consult with a patent lawyer (don't rely on HN for legal advice!) but don't spend a fortune. A lawyer will typically give you 30 minutes or so of consultation for free. In the meantime, you should be focused on building your tech.
Also, your website/app look great. Best of luck!