Google has pending patent on my idea. What to do?

Google has a pending patent on my idea. What are my legal options?

  • TizzToday (http://tizztoday.com/login) is a news sharing social network which filters news based on their social importance. It allows users to connect all their social networks (facebook, twitter, linkedin, google+) to share news with a group of friends on the same news interest to add specific news sources to a Reader (our own news sources, or their own) to follow verified accounts (celebrities, personalities etc) to discover clustered news on our own news aggregator (1000+ news sources) So it basically filters news from all the possible sources that a news might come from. More than that, it allows users to customize the filter the way they want, so they have a personalized news feed that shows only the most relevant news for them. To "Tizz" a news is our concept of Facebook's "Like" or Google+'s "+1". You can Tizz any worldwide news, or Tizz one directly from the aggregator, or your own news feed. It is a great tool to discover interesting content which you can't reach by yourself. Google submitted a patent request AFTER I already finished the beta version of TizzToday (http://www.ipwatchdog.com/2013/11/19/google-seeks-patent-on-social-news-aggregator/id=46394/). What will happen to my startup? Do you know anyone that can provide funding so we can take it off the ground?

  • Answer:

    As has been stated, your idea is neither novel nor non-obvious, which are the benchmarks for patentability.  In fact, whomever has the money to challenge this patent should do so.  I suspect Google is applying for it because they have the money and for defensive reasons... so nobody ELSE gets the patent and tries to shake them down. There are extensive resources on Quora and internet-wide about how to commercialize your idea, but just know that execution is what matters, not ideas.  Build it, and if you can show traction, investors will show up.  If it costs too much to build before you get traction, you'll need to revisit your model... unless you have a pedigree and history that allows you to raise money on the strength of your name and team. Best of luck... (if you appreciate this answer, I could use the upvote)

Mark Brandon at Quora Visit the source

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The idea of "News Aggregation" and specially "Social News Aggregation" has been implemented exhaustively by various start-ups and big vendors. Whether it is by popularity, similarity to a user profile (that is either generated manually by selecting a set of preferences or automatically by applying topic detection techniques on existing news sources) ... etc. So, i think you should be accurate when you say "My Idea" and be sure that it is truly genuine. Aside of all that, i wish you all the luck and success :)

Ahmad Assaf

There's something called a declaratory judgement action in patent litigation. They "allow an alleged infringer to "clear the air" about a product or service that may be a business's focal point."[1] "The thing you'd typically associate with a legal action in terms of lawsuit is a complaint by which one party (the plaintiff) demands that the other party (the defendant) do or stop to do something... If someone files a declaratory judgment action and wins, there's none of those effects. It is, as the name indicates, merely declaratory: the court speaks out on an issue, in an effort to clarify who's right on a disputed question, and that's it. But that can still have a lot of value in itself. It can prevent a lawsuit, or even a whole series of lawsuits, by resolving an issue pre-emptively. It happens frequently that declaratory judgment is requested as a pre-emptive strike by those who consider themselves or their customers/partners likely targets of an infringement suit. And that's what has now happened to Lodsys: a company whose customers received Lodsys's assertion letters decided not to wait until Lodsys might sue those customers, but instead asked for declaratory judgment."[2] I am not an attorney this is not a substitute for legal advice. I would consult an attorney immediately to determine whether this is an advisable action to pursue. Good luck! [1] http://en.m.wikipedia.org/wiki/Declaratory_judgment [2] http://www.fosspatents.com/2011/06/all-four-lodsys-patents-under.html?m=1

Roderick Chow

This idea is not a new one.  It's possible that this patent would be overturned on appeal.  However, the system in the US is rigged in favor of granting patents and legal fights are long and expensive.  Google mostly uses it's patents defensively, but not always.   Continuing is a risk.  It will be small at first, but if you get huge, the risk starts growing.

Miguel Valdespino

I wouldn't be of much help to you. However http://patents.stackexchange.com/ seems to be a great platform to put up such questions. The founder of http://stackexchange.com , Joel Spolsky wrote http://www.joelonsoftware.com/items/2013/07/22.html on his blog http://joelonsoftware.com, talking about patents and how he managed to cancel one of Microsoft's Image resizing patent. Hope this would be of some help.

Jigish Chawda

It doesn't make sense for Google or anyone for that matter to apply for a patent for a social news aggregator. This has been done by a lot of startups already. But if they have, you can try canceling their patent by submitting proofs that the idea was "invented" before this. You might want to try http://patents.stackexchange.com/. But before you do any of this, make sure that your idea is really genuine and not something that's been done before. Of course, even if it is not unique and genuine, you can always get Google's patent request declined if you have the proof!

Lata Sadhwani

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