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Ask HN: Does a patent from a big company make a startup idea untenable?

5 points by mattgratt ↗ HN
Oh mighty and wise wizards of hackernews, I have a question I cannot answer. I seek a wizard of intellectual property strategy, for I have a question. (IP strategy is concerned w/ what actually happens, as opposed to the law, which is simply the law.)

I have a startup idea - I want to make an ad network for eBooks, and sign up publishers. I also want to make software to enable publishers to package special editions of their eBooks more easily, get metrics, etc. For the whole concept think Feedburner for eBooks.

Now, there are many eBook applications out there, and things have not consolidated yet, there are several large obvious companies with major interests in this space.

It seems that Amazon actually has a patent on advertising in eBooks or ereaders. You can see it here: http://gizmodo.com/5309001/amazon-patent-details-ad+supported-kindle-books

Does this make the startup not worth pursuing?

(It may be a bad idea for other reasons too. I guess we can workshop it a little bit on HN.)

4 comments

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lukeqsee
If you don't get sued, who cares? :)

That aside, I would go for it. As gizmodo article said, the patent covers what is essentially web-style advertising in a book. Nothing about it is mind-boggling, earth-shaking, or otherwise patentable [i.e., no reason to sue]. Even if there was reason, you could implement it in a method that is entirely outside the umbrella of the patent.

As for the idea itself, it's definitely not whiz-bang. However, it's workable. It's low-overhead. It's tenable for content producers and content consumers (read: an eBook turned offline webpage).

Bottom-line: if you have a passion for it, just do it.

nobody_nowhere
Patent application != having a patent. Regardless of what's in the application, you shouldn't let it stop you from fleshing out the idea. It's a good market, and a good idea.
qq66
You should delete this post immediately. The penalties for knowingly violating a patent are much higher.
jamesshamenski
If you do it, you're on your own.

VC's don't invest in ideas that are not defensible (protected by patents). I'm sure there's an exception but you'd have to have a great working product to convince someone to give you cash in the wake of IP violations.