How do you create something when nearly everything is patented?

It seems like nearly every permutation of a technology idea or process is patented. How do you create anything these days without risking patent infringement?

Do you assess the risk and just go for it anyway? Avoid infringing on claims? License the IP? Get a job and avoid creating anything?


  • No one is going to sue you until you get valued at a billy. They don’t want you to fail before they can suck money out of you, dumby. By that point you can just pay them off and get your IPO cashout.

    • You say a billy. Is there an average “level of success” of revenue where a company becomes more of a target for patent litigation in general?

      • I was being facetious, the truth is I have no idea. A patent troll might attack you at an early stage in your startup and extort you, or a large company might hit you with their patents after you raise a round. I think if you have a passion or idea, just go for it. No sense in worrying about something that may never happen. Eventually you’ll probably have to pay the toll if you do become successful, but by that point hopefully it will only be a blip.

  • Patent holders are not stupid. If they killed your business who will pay them their fees? Yes trolls may be a pain in the ass but I’m thinking that’s the last thing you should be worried about unless you’re going after a legitimate company with technology to protect – ie Tesla.

    • GPL and AGPL is shit. If you’re a for profit company, you don’t want to go near that turd whether you file patents or not. Before you know it someone will sue you for all your source code and you’re screwed.

  • Unless you’ve got some seriously unique IP, just worry about building the thing. If you should be so hardworking and lucky to become a relative success, consider it part of your training to get sued. You’ll hire a lawyer/firm, have a freaking heart attack, and get over it one way or another. Do this (build stuff) for the ride that it is and don’t act (or fail to act) out of fear of the ‘what if’s’

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