We file a provisional every second week or so on various technologies
particularly at early stage when you can't yet identify the total
value of the technology within the market...so if you have the
dollars, the initial protection is worth it to enable you to discuss,
explore and build out your product with some form of (limited)
protection (it's only as good as your desire and ability to take
action against an infringer right?).

$10K for a prov. is way over the normal amounts that an excellent
patent attorney will charge in Australia. AUS$5-$6K is more
reasonable.

Innovation patents are only good for Aust, they're low cost but you
don't have coverage in a major market.  File in the US as a minimum if
that's where you want to sell and forget Aust (unless it's a mining
tech), but you don't have to decide for 12 months of filing your prov
while you build your product, profile and the profit potential
required to be able to afford patenting.

consider elance.com, you can pick up a good US patent attorney to
undertake a prior art search and drafting for under a AUS$1K. check
that they're USPTO registered.

also, appreciate that patenting is a commercial decision - patent
because you have a good technology to exploit that you wish to deter
others from exploiting before you.  If you don't think you can
adequately exploit the claims of the patent or deter others from doing
so, then don't bother patenting and just focus on getting to market
the quickest.

...and patenting certainly doesn't stop your ass from being sued by
someone else...

L

On Feb 21, 12:13 am, hoops <missingmatt...@gmail.com> wrote:
> Would like info from those that have been there.
>
> It has been suggested we look at applying for provisional patents.
> Putting aside  personal beliefs I may have about software patents
> etc.  This may be necessary from a business perspective.
>
> So far have been bootstrapped to version 1.0.  We are SaaS company
> with some cool tech.  Main concern is not suing but having some sort
> of protection from being sued later. Goal is to get something in with
> a provisional date.
>
> BUT
>
> Its a LOT of money.  ie. 10K if you get a lawyer - for provisional
> submission.
>
> Options :
>
> a) don't bother - focus on getting customers, and just building a
> great platform (my initial thoughts)
> b) got thewww.nolo.combooks.  Having a read - it will take time, but
> could put the initial provisional using DIY (with say some legal help
> for review ?) - get a priority date.
> c) get a lawyer to do it (and the $).
>
> We want to start raising capital shortly also - we need it to build
> out the platform.
> i would rather spend cash on hosting, hiring an industrial designer
> for some work or going to the USA etc. Things which can help generate
> cash / improve customer experience.
>
> I can see the big picture advantages, but for an early stage startup
> is it really a good decision.

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