Ask HN: Technical Patents | Hacker News Reader

Ask HN: Technical Patents

5 pointstrapper9 comments

I have a new startup nearly ready to go, and the core algorithm is patentable. I have yet to find a competent technically minded patent attorney, and really don't want to waste money weeding out of the bunch. In previous patents I ended up writing most of the filing anyway but was still stuck with a huge invoice.

Does anyone have good experience with any technical patent attorneys who can handle machine learning/statistics patents?

Alternatively I am considering writing it myself. I have written a few in the past, have the relevant books and have read a lot of the patent db in my field. Any advice?

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Did your previous patents bring you enough to make it worth your while ?

Personally I'm against all patents, especially software patents. If a competitor would come up with a copy of your service would you sue based on your belief that they must infringe your patent ? Would you consent to being sued in case it turns out you are infringing someone elses software patent ?

Don't you think the copyright on your software provides you with adequate protection ?

I understand there may be a financial incentive to do this, and there is the angle 'if I won't do it someone else may do it', but especially in the field of software I think that patents are best avoided. Personally I've given every so called patent holder the finger (there was that outfit that claimed I was infringing on their patent to send video over the internet, then another one that claimed I was infringing on a patent to rank video based on popularity and some more that I've forgotten about). In all of those cases the so called 'patent holder' (I think patent troll is more appropriate) called it a day when I refused to budge.

The non-software patents were critical.

This isn't patenting a button clicking method. It's more similar in utility and specificity to pagerank. It has been a huge R&D effort over the last few years.

We could just keep it secret. But I want to publish with it and it could be valuable if the startup is as successful as we hope. Isn't that what the patent system is for?

If other startups entered our market and used the same algorithm; I am unsure what I would do. It's more for potential investors/acquisitions and our ability to publish.

Then I would seriously advise against publishing, because once published the cat is out of the bag and a patent will not protect you. Keep in mind that software patents are not recognized in a large part of the world and if one of your competitors sets up shop in a country where software patents are not valid you have no recourse.

For a physical apparatus it's a wholly different game.

Good point.

Patent prosecution has its own nuances; a few differences in wording can make or break a case in litigation.

You could look at IP law firms and look through their roster of patent attorneys; alternatively, you could look for a small or solo patent attorney (e.g. google machine learning patent attorney).

If you're associated with a university, you wish to investigate working with them to acquire the patent.

Best of luck with your patent and startup!

> I have a new startup nearly ready to go

How about spending that time getting your startup from "nearly there" to launched? Your patent won't mean squat if you don't have a good product.

Patenting is the last item on our pre-launch list

what area is your startup focussing on?

Improving productivity.

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