Loading...
Answers
MenuPatent pitfalls ... Can I? Should I? How should I NOT go about it? How do I evaluate law firms? How long will it take? How much will it cost?
Answers
The area in which you are working is quite complex both in terms of describing inventions and in terms of the changing legal landscapes. An expert is definitely suggested. Even then, the terms of an agreement would be difficult to protect under patent law. This makes such a business model harder to protect than others. That said, there is often some technical aspect to software that is patentable separate from the business model itself, so you may want to look there as well.
I have very little advise on how to go about the process. I am an expert at Patent Law and can easily review people's work to determine its quality. That said, I could not do that for at least 10 years while working as a patent professional as the small nuances, etc. make it difficult to see what is poorly thought out vs. what is very well thought out - they often appear similar to an untrained eye. Most people look for the most thorough description, though this is not an indication of the planning and strategy in the application.
Most noteworthy, noone really reviews patent work, so even success of practitioners may not be the best indication. I know the answer is not helpful, but it is honest.
Here is my short checklist that anyone can look into:
1) Do they have their work reviewed and by whom?
2) Do they work with other attorneys to improve their work quality on a regular basis?
3) How do they approach strategy for claims?
4) What is their success rate for broad claims?
5) Do they handle a lot of software applications?
6) When do they call for help?
General questions include
1) Do they bill by the hour or on a fixed fee basis?
2) What is the time frame?
3) What do you need to do?
Every client has a best fit representative so don't think that there are best answers to the second set of questions. I have worked with excellent entrepreneurs who love working with me and with others where the relationship was better handled by someone else in my firm. Personality, style, etc. play a big role in the feeling that you are being well-protected.
In general, I personally look for someone who is business minded, who requires no work from me, who has their work reviewed very regularly by people from other firms, who call for help often, who handle a lot of software, and who bill on a relatively fixed fee basis for the drafting work.
I hope this helps.
I have written and filed three patents with two different startups and am currently advising a third startup on patent process. There are different stages within a startups growth in which it should worry about an do different stages of the patent process. If you would like to discuss it further let me know.
Related Questions
-
I have an idea of a hardware product, that has received good feedback until now.Should I fill for a provisional patent or start an indiegogo campaign?
The answer: do both. The first thing you need to know about patents is that the U.S. now has a first-inventor-to-file system after the American Invents Act (AIA) went into effect in 2013. I have to disagree with Dan above: for hardware inventions especially, a patent is an important part of the business plan. The first inventor who "races to the patent office" now is typically the winner. This means if you do not file for a patent on your invention, you can lose the rights to your invention much easier than before the AIA. The next step is to think about how a patent fits into your business plan. A patent application is but a tool in your bag when starting up. A crowdsourcing campaign on a site like Indiegogo can validate the idea. But it also puts the idea out to the public and starts the 1-year clock ticking on when you can get a patent. For hardware startups, however, if you're not thinking about a patent upfront -- you're likely leaving a massive amount of your product's value on the table.JP
-
Share of Market calculation. TAM, SAM and SOM?
SOM refers to the portion of the market that your business COULD actually capture, as you stated: "[the] % [you] can realistically achieve from the SAM." Let's use an analogy to break this down - and pretend you are talking about fishing instead of project management software. TAM refers to all the fish (that manage projects) in the sea. SAM are all the fish (that manage projects) within casting range of the dock you fish from (ie your solution is viable for them). SOM are the number of fish (that manage projects) you can reasonably catch within the amounts of time, energy, and bait you can allocate to fishing. The question within a question you ask about guidelines on believability is a great one. And, while I don't have a guideline or benchmark to share, I can confirm your instinct; ensuring that your projected SOM is reasonable is absolutely critical. The best way to project this is by having at least some of the equation variables grounded in reality - ie, actually catching some fish. If you can show how much it costs to acquire a customer, how much it costs to service that customer, and how much you'll make from that customer over a lifetime, you've got some great empirical evidence to show how you'll achieve growth within your SOM. I don't think of SOM as a target - it is rather the theoretical maximum number of customers or revenue I can achieve within the (sub)universe where my product or service adds value. In the end - the number is important - but not as important as how you present it, and how you'll approach it with your product. As an investor, you want to see more than just the answer - you want the thought process behind the answer. Was the founder thoughtful in their approach, did they look beyond the obvious while remaining pragmatic? Do they understand clearly why the SAM (macro-environment) and SOM (micro-environment) break out of the TAM in the proportions they've listed? More than happy to dive deeper on this.RR
-
How can I sell my app idea, and do I need to get it patented?
This is a little hard to answer because it is so vague. It depends on the area, the market and the strength of innovation. I know that The App Guy has a terrific podcast at http://www.theappguy.co/ and is also trying to organize a community for App developers to sell their ideas. Let me know if I can be of further assistance to discuss patentability in terms of its value to getting a sale or license. What ever you do, don't spend money filing a full patent, just a provisional. Good luck.TH
-
Does anyone know of a good SaaS financial projection template for excel/apple numbers?
Here is a link to a basic model - http://monetizepros.com/tools/template-library/subscription-revenue-model-spreadsheet/ Depending on the purpose of the model you could get much much more elaborate or simpler. This base model will help you to understand size of the prize. But if you want to develop an end to end profitability model (Revenue, Gross Margin, Selling & General Administrative Costs, Taxes) I would suggest working with financial analyst. You biggest drivers (inputs) on a SaaS model will be CAC (Customer Acquisition Cost, Average Selling Price / Monthly Plan Cost, Customer Churn(How many people cancel their plans month to month), & Cost to serve If you can nail down them with solid backup data on your assumption that will make thing a lot simpler. Let me know if you need any help. I spent 7 years at a Fortune 100 company as a Sr. Financial Analyst.BD
-
Where do l go to sell my patented idea?
First of all, what you have is a provisional patent **application**. For now, the provisional patent application is not publicly available. This can be a big advantage to you. You can use this time to improve your invention and file additional provisional applications. If you don't plan on making/practicing the invention yourself, you should make sure to try to think of everything possible regarding how that invention can be improved. This would (hopefully) come naturally to a practicing inventor. When you file your non-provisional application, your disclosure will be made public ("published") 18 months from the filing of the non-provisional. While your applications are not publicly available, I suggest waiting until you file your non-provisional application(s) to talk to others. Quite often, provisional applications do not have the detail or the scope that the non-provisional will have -- due to the time spent on getting drawings accurate and making sure everything is included in your non-provisional applications. It is best to have a complete application before talking to practicing companies. Sophisticated companies will take advantage of information not disclosed in your provisional application to file their own patent applications. If your applications are not publicly available (or even they are published), you should sign confidentiality agreements (non-disclosure agreements) with anyone you talk to about licensing or buying your invention. Keeping track of who you talked to with confidentiality agreements can be the basis for "notice" of the invention by an infringer -- when they eventually steal your invention. You can sell your idea anytime, but a provisional application is worth a lot less than a non-provisional application which is worth less than an allowed application or issued patent. Provisional applications are generally not as complete as they could be -- and require additional time and finesse to complete the non-provisional application. In terms of appearances, if you are not willing to put in the money to file the non-provisional application, the invention is likely not worth that much money. Companies as well as non-practicing entities may look at provisional applications, but not for long, and will not give you the kind of money that you may get from selling a fully examined patent. Of course, it depends on how good your invention is.AP
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.