Successful Startups and Patents?
An anonymous reader asks: "Is there a strategy for software startups wanting to make it big with a product in this world of software patents? Particularly, how can a software startup, wishing to take its product to the international market, hope to compete with the large software companies and their armada of patents?"
"No matter whether or not the startup has an innovative product, a patent or two, a little or a lot of funds, it seems that if the large software companies decide that they wish to crush them with law-suits regarding patent infringement, valid or invalid, they can tie them up long enough in court to drive them out of business (via bankruptcy, or to cause them to lose any market lead they may have had). Can anyone suggest a strategy (or discussions on strategies) that could help a software company thrive, without playing the same game? Or are those days over — and the current crop of software companies are so well entrenched (thanks to the patent system) that there is no hope for a a new player?"
Get a userbase. Grow really fast. That's a serious competitive advantage - much more than a few patents.
Typical Slashdot defeatist attitude towards patents.
Patents and their applications are published. It is this publication more than the grant of the monopoly itself which drives innovation. By looking at how your competitors do things you can learn what they do right and what they do wrong.
If they do everything right and you can't think of a better way, consider getting a license from them.
If they do everything wrong and you can think of a better way, bingo! There is the nub your business idea.
Do not bury your head in the sand hoping patents will go away, go out there and look at them and learn from them. Patent databases essentially hold the vast majority of human ideas.