Are patent "trolls" a serious threat for us and how do we avoid costs?

Question

Hi everybody!

We are a Californian startup company in the Healthcare/IT sector. Our product is at an advanced stage of development and we will apply for patent protection in the near future.

My questions concerns the exposure we could have toward patent assertion companies or "trolls". Is this a serious threat and if so, how do we best protect ourselves against the cost of a law suit?

Answers: 1 public & 1 private

Winslow 10162011 mg 0063
Other Consultant

An issued patent can protect you against those who make, use, sell, or offer to sell the same invention. If your invention is discoverable, then patent assertion companies will most likely find you when your product is publicly available. If there are aspects to your invention that are not easily discoverable, it may be wise to keep these aspects as trade secrets. The best course of action depends on many factors, but one of the most important is the results of a thorough Freedom to Operate study. This will look at the patents of the patent assertion companies to determine the challenges you may face with either a published patent application or product launch.

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