How To Survive a Patent Challenge?

An anonymous reader writes "I have written a nifty application that helps me run my own business, and could really help in running almost any business. It has been abstracted well enough that it could very plausibly be made a sale-able product. There are several very good, possibly patentable ideas within it. However, they are overshadowed by virtually an infinite number of possible bs challenges to its more mundane parts. I'm rather fearful of bringing this to market for that reason, and so far have only deployed it as a 'consulting' project with two other small companies (who love it). Does anyone have suggestions about how to proceed?" Other than a generic "hire a lawyer!", are there practical steps a software author can do here?

Comments

Re:Yay for patents

[geekoid]

Since he did innovate, I fail to see your point. ANYWAY, the system needs work, but it isn't broken. This guy seems to be a little dim in that he could just do a patent search. Instead, he wants advice from people on /. .

Re:hire a lawyer IS a practicle step.

[tomhudson]

The procedures of the patent office have changed in the last year. Not even provisional patents any more : http://www.spectrum.ieee.org/at-work/innovation/the-poor-mans-patent

also, most countries operate on a first-to-file basis, since that's easier to establish.

Even in the US, the filing takes precedence - anything challenging it has to be proven first. The legal presumption is with the patent holder. It's going to cost more to do the legal challenge (it can go into the millions) than to file for the patent in the first place.

On top of which, software should more properly be protected by copyright, not patent. The GPL works because copyright protection works. Windows is copyrighted, not patented. OSX is copyrighted, not patented. This is slashdot - we're supposed to be recognize the stupidity of business and software patents (we got it right wrt these bogus patents well before the courts and general public started to get a clue).

Re:hire a lawyer IS a practicle step.

[overbaud]

I own the patent for the process of mailing yourself information, signing the seal and getting it notarized. Please give me your grandfathers details so I can discuss royalties he may owe.