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I want to create an app for the Ipad which uses "videoconferencing" technology, very similar to what skype does.
How do I know if that is patented?
What happens if it IS patent protected and I use the technology anyway. I am a mom and pop app designer with zero budget for this! Thanks!

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2 Answers

up vote 4 down vote

The only way to know is to file for the patent yourself, and even then it's possible that there is a conflicting patent that could be taken to court.

Really, you shouldn't worry too much about it at this stage (NOTE: NOT A LAWYER). If your app is super successful, and you are making a lot of money, the sharks will smell blood in the water. At that point you may be forced to pay a large fee to "license" the patent. Realistically they won't hunt after you until you are worth hunting after, and then they only want what they feel is their share.

Unfortunately this is the reality of the software patent system in the US. If you can code it, money is someone has already has the patent, or something obscure and luckily close enough to sue you anyways.

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Getting a patent does nothing to prevent you from being sued for patent infringement. A patent doesn't give you the right to do anything, it only gives you the right to prevent other people from practicing your invention. An app could infringe several patents. – user6603 Jun 15 '11 at 2:49
@Kekito - agreed, it does not fully prevent a suit, however it provides some deterrent. A patent troll is less likely to take someone with a similar patent to court, just like a burglar would prefer an unlocked door to smashing a window. – Justin C Jun 15 '11 at 3:50
Hi Justin, as someone who has litigated against patent trolls, I respectfully disagree. A patent is helpful to prevent a competitor from suing you as you could countersue, but it doesn't help prevent a troll from suing you. Since a troll doesn't have any products/services, it doesn't have anything that could possibly infringe someone else's patent. For example, trolls go after companies like Microsoft and Apple all the time, and these companies have hoards of patents. – user6603 Jun 16 '11 at 13:56
@Kekito - thanks for the clarification. I obviously have no experience in the court. So are you saying that possessing a patent is NO deterrent, or VERY LITTLE deterrent. As I understood it, it was very little but better than nothing. – Justin C Jun 16 '11 at 18:53
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@Justin C - IANAL, but I'd say it's about as much as a locked door. If someone really wants to hurt you, they will find a way to do it regardless of the deterrents you have in place. – Shauna Jun 16 '11 at 21:51
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up vote 4 down vote

You would almost surely infringing someone's patent. That is the craziness of the U.S. patent system.

As Justin says you don't have to worry about it until you start making a lot of money because it isn't worth the effort to sue a company with a small amount of revenue. Being sued for patent infringement is just part of being a successful company. At least when it happens, you'll know you're doing well. :)

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