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Hi,
I own a small software company (incorporated) in BC Canada. I am the sole
director (and sole employee). I have been thinking seriously about our
companies situation relative to software method patents held by our
competitors, as well as doing some research at the US patent search database
and I have some questions I wonder if any of you have opinion on.
First some more background:
Several of my largest competitors (mammoth companies in comparison to my
one-man-show really) hold several patents on specific methods used in the
type of software we sell. I have reviewed these patents and it seems that
some of our software in fact "comes close" or are "somewhat similar" to the
methods described. Furthermore, I know that there are numerous other small
companies who are in a similar situation selling solutions that "come close"
to these methods. It is my belief that some competitors actually developed
these methods before they were patented by others.
I also know that a key small company in my niche developed a method a few
years ago to solve a particular software problem. A few other companies
followed on with similar products. In the past year, a newcomer with lots
of capital has come on the scene and quickly patented the method (since the
first company failed to do so and apparently failed to contest the patent
application as well - probably because he simply was unaware).
My company is indeed small grossing less than $75k USD / year, but I have a
plan to grow the business over the next ten years to $2M / yr.
The mammoth competitors are multi-million dollar a year corporations ($50 -
$200M USD / year) the largest of which is on a "crusade" to patent "anything
that moves" even remotely related to their industry (a total of 171 issued
or pending United States patents and 1,087 issued or pending international
patents).
All this makes me very nervous.
Questions:
1) Risk assessment: What do you think is the probability that our company
will become a target? Do you feel that it is linked to our level of
success? If so what level of success invites an attack?
2) Liability: I am incorporated. (limited liability company in Canada). How
would you judge my *personal* risk if one of these patent hungry companies
comes after me? What about the companies risk?
3) Mitigation: What would you recommend I do to make myself feel less
nervous, protect myself personally and especially protect my small
business?
Thank you for your opinions and advice.
A.
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