| So, to describe situation further ... The dot-com bust and post-9/11 biz environment were not friendly to most startups and not friendly to big hard-to-implement ideas, and the startup company was rescued in 2002 or 2003 by a sideline project (largely not using the IP in the patents) in which a large I.T./storage company saw value. The large company acquired the startup. The 10 patent applications, in the mean time, were not maintained or perhaps not novel enough to all merit patents -- though I doubt the "not novel enough" part -- I've seen stupid patents awarded for much less innovation, and I haven't yet seen the system the patents deal with implemented or sold. So ... I think there's huge value in the ideas behind the patent applications. The patent applications all lapsed around 2007 or before, I believe because they were peripheral to large company's business and nobody realized what they had in hand. The ideas and system behind the patents only grow more relevant each passing year. So what I see right now: * an idea-kernel that would be the excellent
basis for a new startup
* good documented prior-art (in the form of the
lapsed patent applications) that probably are
decent enough to defend against patent trolls
* I'm at the point in my professional career
where I want to pursue these ideas
* >>> the fact that if I were any other person,
with no prior association with the former
startup or acquiring large company, coming
across these lapsed patents, I could implement
them unencumbered and have good protection
(though I could not prevent others from
implementing the same)
* >>> since I worked on the original IP ...
I might have some obligation to the "acquiring
large company", though they likely would care
only if I were to (a) be extremely successful;
or (b) use the lapsed patent applications as
defense in a patent lawsuit
I should probably discuss with an I.P. lawyer ...... but my inclination is to: * build a prototype
* talk to potential investors and potential customers
* engage a patent lawyer to discuss possible
licensing arrangements (or outright permission)
to work on the I.P. with "large acquiring co"
* hope for the best
Any suggestions? |