I have been working on a novel tech solution for 6 months. Just found a competitor company which has a patent pending. How should I react?

I have been working on a novel tech solution for 6 months. Just found a competitor company which has a patent pending. How should I react?

With my colleague, we have been developing a technological solution for a while now. We are currently making our first prototype. For a while have been skimming for competition, but only now found something direct competitor. They are filing for patents. Should I still continue with my startup?

Many companies make their money by designing around the patents of others. It takes a lot of legal analysis and some out of the box thinking but history shows it can be done. The market has been made harder by you not being the first to patent, but it is not necessarily impossible.

Another option is to oppose an accepted (but not yet granted) patent application or to request a re-examination of any accepted or granted patent to get it reduced in scope or revoked.

Also remember that a patent is not enforceable until it is granted/issued.

Mark Warburton About the author

The Intellectual Property Guru. His determination to protect innovation stems from a family legacy in which his grandfather, a genius inventor, had his innovations stolen and patented by someone he trusted, which led to his grandfather dying a pauper on a park bench. Mark is an international award winning lawyer and patent attorney and 3-time published author. His prowess in the court room sees him winning cases that others thought were unwinnable. Mark’s passion for protecting intellectual property shines through in his pro-bono legal mentoring, proactive legal workshops and 1-2-1 work with clients.