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MenuDo I need an International Patent for a Kickstarter Campaign if there is a similar product in Spain that holds an EU Patent already?
My product holds a provisional patent in the US and I'm just about to launch a Kickstarter Campaign. I've been researching and there's a very similar product in Spain, which holds an EU Patent.
Will I incur patent infringement if European Users buy my product on Kickstarter or my e-commerce website?
Answers
You should ask a patent attorney.
The answer is quite straightforward. If your competitor has an European applicaiton and a kickstarter, you are likely barred in most countries (other than the US) and need to hurry to a patent lawyer to have the facts analysed so that you can get your US (and maybe Canadian) applications on file as soon as possible. This is an urgent matter and may be costly.
You also have certain issues relating to the right to actually pursue your project (in Europe) that needs to be reviewed.
The questions should be able to be cleared up in 1-2 hours so it is not costly to get advice, the cost, if any, is in the filing process to ensure that your rights are protected.
It is impossible to give better advice without a patent number, etc.
Generally you would need to research more on the product and most likely not need a patent for a product that has an existing patent. I suggest you understand the Spanish product and EU patent laws before you make a decision.
Related Questions
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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.
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Can i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years. The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive. Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing. My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.GF
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Is it foolish to post a Kickstarter campaign for a SaaS that is primarily for businesses (not consumer oriented)?
It's not foolish, but it's going to be extremely hard to pull it off. I would consider starting with a beta program so you can have some paid clients to pay for the company's expenses. After you have some traction, you can raise a seed round.
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When launching a product on Kickstarter, how and when do you get press coverage?
It's all about building a relationship with these journalists and bloggers. You want them in your pocket long term. Ultimately, they are usually interested in the same things as you, which gives you a chance to connect on a deeper level and make an online friend. If you make a friend, then maybe they can even introduce you to their other journalist friends when the time is right. Ps: when you finally do send them your stuff, keep it short and make sure your visuals get the point off without them needing to read a description. Visual storytelling is huge. Remember: people don't like to read
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Is it advisable to outsource to an agency to create our MVP? Are my security concerns unfounded?
It's not unusual at all. If you do outsource, try and make sure you have a project lead that you can trust. Once revenues get up to a certain point they might want to see the project through and come on board full time OR they will have enough pride in their work to make sure a proper transition takes place. As far as security, make sure you have an airtight non-disclosure/non-compete agreement with a penalty clause that includes financial remuneration.