Ask HN: Patent for your idea?

3 points by gdhillon ↗ HN
Just wondering at what point do you file patent for your idea.

Also, is there a way to find out if someone else have filed provisional patent for the same idea?

3 comments

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When you've got $10,000+ to spend on doing so, and have a reasonable expectation of that being a wise expenditure of resources.

It often happens that patents appear to have significant overlap, so "the same idea" is a problematic way to look at it. These aren't really evaluated thoroughly until and unless legal proceedings result.

This is base on what little I understand of US Patents (does not apply outside of the US)...

I could be wrong but I don't think you can patent an idea, but rather, a specific process, method, technology, etc... That said, the overall cost of a patent can be quite expensive, ranging in the 5-figures all told. Its a process at that.

As for your original question, I guess like most things, it depends. Personally, I would like to see the idea gain some traction first before you attempt to make any unnecessary expensive decisions towards doing a patent, especially if you don't have the money to lose.

You patent inventions, not ideas. If you choose to file, you may have to give away information that could be useful to your competition.

A few reasons to patent: . you really have a defensible invention, in which case you should be doing this with a patent attorney . to gain negotiating advantage, in case you get drawn into a patent fight . to give the impression you've invented some truly innovative tech - some VCs like this . to increase company valuation, in the eyes of VCs and others

A few reasons not to patent: . if you disclose your tech, it could be easily copied without your knowledge . a patent on your invention is not worth the cost to file or defend your patent