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We have got patents for specific technologies in the past, they cost a lot and the value was not really visable.

We often develop specific algorithms for real-time systems and work with a range of clients who have their own specific IP they want to cover, they ask me for advice (as a non-lawyer).

After previous experiences I tend to feel that its better to develop fast and stay ahead rather than publish the solution ... but I would like to hear what others think.

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2 Answers

up vote 4 down vote accepted

Here is a pretty good rule of thumb:

  • If you are doing something that no one has done before, and after you launch, other people could copy you, then you should get a patent to prevent this.
  • If your innovation is a black box to the outside world, then you may be better off without a patent since others can't copy you and a patent would tell everyone your invention.

In the US, you can ask the USPTO to not publish your patent application until it actually issues, so you could file a patent application, and decide years down the road (because that is how long it takes) whether you want a patent or want to keep it secret.

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Patents are worthless if you haven't got the cash to protect them in court when someone infringes them. So if you've got cash to defend your patents when someone tries infringing upon them (and it's likely if it's a good patent), then I say go for it.

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A potential acquiror may place a significantly higher value on your company if you have a patent. – user6603 Apr 1 '11 at 19:59
That's true. It shows you have trust in your idea(s) and that you've got something unique on your hands. – DigitalSea Apr 2 '11 at 12:43
At least in Australia patents are around $50K all up to register, we have about 2 or 3 unique, normally real-time, patent potentials per year with various clients ... we have usually opted for the get ahead, stay ahead and keep the details secret. – Robin Vessey Apr 4 '11 at 11:34

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