質問
What is the most important countermeasure a high growth startup can take against patent trolls? How is this best implemented in a post-seed stage, medium term strategy?
We are developing online services and software as well as some hardware in the IoT field.
回答: 2 公開 & 3 非公開
Identifying known patent trolls (they usually have track records) who own enforceable patent assets relevant to your field, and obtaining a freedom to operate opinion in light of those assets, may be prudent. Doing the same for your direct competitors is also a good idea. This is more due diligence than a countermeasure, however. Actually "countering" patent trolls, or more accurately the lawsuits they bring, would entail successfully invalidating the patents they attempt to enforce or otherwise defeating their claims, and for that you will need legal and financial resources to defend yourself. Obtaining IP defense insurance (e.g., IPISC) may also be an option.
Hi,
In addition to what Adam shared, I would add ... have some funds set aside for post grant petitions to invalidate their patents at the USPTO (no patent the lawsuit disappears), and have an attorney lined up ahead of time, because when you get served you won't have that much time to prepare.
Mary
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