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We are a pre-revenue start-up. We've recently been given the opportunity to be introduced to the CEO of a major player in our space. Our goal would be to get some funding and potentially find areas to partner on. That company will certainly have not have heard of us at this point. Is there any danger in letting them know about us and our ideas? We have patents pending but not sure if that is worth much.

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5 Answers

Patents are useless if this is a software company. Even if not, people can always compete without stepping on patents.

If you're at all successful, they'll find out about you anyway. And although you'll be "first," they'll still have far more money and attention than you have, so competition is always possible.

Therefore, go.

Surely you can talk about what you're up to without revealing Top Secret Information. If you can't, how will you tell your customers what you do?

Surely you can discuss enough to know whether further talks at a deeper level are worthwhile. If not, you've given up nothing. If so, you're making a calculated risk.

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"Patents are useless if this is a software company" - I wouldn't bet on it. There might be no changes at the end of the day, but you sure burn off money on lawyers defending yourself. For example, the large guy can say "I want a declaratory judgement on the invalidation of this pending patent. I don't believe the patent application is valid and would prevent us from conducting business in the market." So then you need to defend the lawsuit instead of developing the product. Frivolous lawsuit or not, the small guy is out of cash. – Gabriel Magana Nov 5 '09 at 23:11
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I still disagree. Here's what ACTUALLY happens: The big guy comes at you with 1,000 patents that you're "violating." You can't defend against that sort of thing of course so you settle. They use PATENT PORTFOLIOS to attack people, yes. Read Richard Stallman's stuff on this -- it's fantastic. End of the story: Having your own patent is useless against a big company because they have more patents and money than you have. – Jason Nov 6 '09 at 0:18
We'll agree to disagree. I am not talking about a big guy defending a portfolio. That is not the issue here. It's the small guy that has the patents, and the big guy that wants to bury the small guy in expenses defending it. – Gabriel Magana Nov 6 '09 at 12:38
As a footnote: If anything, this proves why if you are dealing with patents, a good IP lawyer is indispensable. If we, as somewhat educated laypeople cannot see the issue clearly, imagine what happens once you get into the details. I've had the pleasure of dealing with extremely professional IP attorneys ($400 USD/hour, unfortunately) that were very adept in legal maneuvering and understanding the technical aspects of the invention even though they did not have a tech background. Anything to do with patents is not cheap, that's for sure. – Gabriel Magana Nov 6 '09 at 12:45
If you read what I wrote again, I'm not talking about a big guy defending a portfolio! What happens -- and do the research yourself and you'll see -- is that the big guy ATTACKS the little guy using a big patent portfolio. The little guy has, say, one patent, and wants to defend himself. So he sues the big guy -- or even pre-lawsuit, just tells them. The big guy RESPONDS by saying, "well you're stepping on 427 of our patents." The little guy cannot afford to defend, even if it's false, so the little guy must strike a deal. That's why having the patent is useless. – Jason Nov 6 '09 at 20:13

Yes, that could be dangerous. Should you do it or not; well, that depends.

Generally, when you approach professional pure investors such as venture capitalists then you are protected in 2 ways:

  1. The investor does not have any 'muscle' in the area you're in; he does not have a technology and sales team that could start implementing your idea right away.
  2. The investor has a professional reputation to maintain for the long term.

When you approach a company that is working in your space, or an entrepreneur in your space, then you are not protected in a similar way. The CEO will have a pretty good understanding of his market, if you just give him some good hints about what you're planning, then he may very well be able to guess the rest from his market understanding and 'parallel evolution'.

I have seen people get badly burned by something similar; approaching an entrepreneur in their space for advice, and then seeing that entrepreneur build and market something very similar to their product idea.

Our goal would be to get some funding and potentially find areas to partner on.

Hmn, doesn't sound like strong reasons to me. Funding? You typically don't get that from competitors. Areas to partner on -- well, maybe, but that works best when you already have a strong market position.

I like Jason's answer a lot. I have seen people get burned by this, so my experience tells me to be very cautious. Best of luck with your decision, OP.

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Be very careful, I was involved in a joint venture with two larger partners, and all was well for a while, until the other two used their strength and funds to push the smaller partner out.

If you don't have a position of strength run away. Ask yourself what you might do if you were in the their position

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You are correct that patent pending does not mean squat in the immediate scope of things. If they are software patents, even if granted, they will likely mean the same. Behold the great filter known as litigation.

It sounds like you are looking to get under the wing of another successful company, in order to enter your industry and receive funding. That is a terminally stupid idea, you may as well just arrive and ask to fill out a job application.

Consider partnerships only once funded. The time you save by ditching the meeting can be better spent re-working how you pitch ideas to investors.

I don't mean to be blunt and abrasive, what you are describing tells us that we need to get your attention quickly :)

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Yes, there is a danger.

They have every reason to bury you. The first way I would try would not be by buying you out, either.

Think about it...Why would they help you? It's better to kill you now while you are weak. Dead companies don't enforce/litigate patents.

How would I do that? File a ton of prior art and other arguments for invalidations of your patents now. Even though the arguments might be questionable, they know you will not have the cash for lawyers to defend yourself.

Absolutely there is a danger, specially if the larger competitor is aggressive in their dealings with third parties (think Apple for example).

Call the CEO and tell them there must be a mistake, you're in the textile business, not in the same industry as them.

See, for this kind of stuff a startup DOES need an MBA-type.

Some info about these costs:

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