Re:Ask HN: where do you draw the patent research line?
by stevejalim on Monday May 18, 2009 @06:49AM
(#614741)
Thanks for the view. In that light, one upside to my plan (no investment other than sweat from me and maybe a couple of others), is that if I take on the risk, all I'd be risking is lost time/opportunity cost, rather than venture cash.
If you find something that might apply to you, and it could be shown that you knew of the patent before you started (e.g. you told potential investors "There are only a few patents that could hold us up, like...[blah]...but we're confident it doesn't apply to us" and continued to try to monetize it, you could be up for punitive damages. Painful indeed.
Have a knowledgeable friend who you trust and would look out for you do the searching. They'll probably put in just the right amount of time - quite a bit, because they care about you, but not so much that it would impact them too much - and you're free to claim ignorance if anything comes up later.
If anyone knows anything wrong with this advice, it would be great to knock some sense into me at this point!