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by anonymouse008 1424 days ago
[edit] either don’t look up anything, or look up everything and write in a notebook dated, signed, preferably with a notary, about why your approach is different.

Honestly with the way the USPTO goes about issuing patents makes everything super easy to refute as well as defend - it all comes down to court procedure: timing of motions, evidence and arguments. So, usually if you have the right funding (read: sales, not investment) you can find a lawyer who will construct a 112 / 115 defense with previously published works if you want to be safe; or can construct a “Teaches Against” defense to say your patent / process is unique.

Think of patents like sanctions - there’s usually ways to get what you want in all environments.

Not a lawyer just had to listen to them discuss my life’s work through robotic arguments.

2 comments

I been reading into that, willful patent infringement vs unintentional. I been trying my best to get into the "why your approach is different" bucket but there's so much reading to do in the first place that it still feels risky. The first thing I want to do is get patent infringement insurance but like the issue with getting a lawyer, costs. It's too much money to bootstrap, especially with the looming recession. There's so many people just building projects in Show HN, there must be an approach they're doing beyond just winging it and hoping a lawsuit doesn't land in their inbox.
You have a good head on your shoulders - don't over analyze it. Three months on IP work doesn't really matter if you never ship. If you're getting joy from the research, then continue - and maybe think about becoming a patent attorney - but if you want to build, build.

Good luck!

Thank you for the notary idea! I been keeping everything in a paper notebook but never thought about having it notarized. Going to try and find free notary places near me or pay for it seems a quick search shows you can even get something notarized for as little as $25 online. Have to read more into that (how to properly write such notes/docs), thank you again.