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You're a small business - what do you do now?

You continue to innovate. You do a better job at understanding your customer's needs and fulfilling them. You do a better job at marketing, positioning, and advertising. You give better customer service. There's tons of ways to compete, other than raw product uniqueness.

According to your article you sit back and say "oh thats totally ok because thats innovation and I'm happy that everyone has copied me and destroyed my advantage".

Meh. A better product is not a sustainable competitive advantage anyway. Better to have a product "arms race" where everybody is forced to "innovate or die", IMO.



>>You continue to innovate. You do a better job at understanding your customer's needs and fulfilling them. You do a better job at marketing, positioning, and advertising. You give better customer service. There's tons of ways to compete, other than raw product uniqueness.

How exactly do you do a better job at marketing, positioning, advertising, customer service, etc. as a small business? The implication of being a small business is that you are resource-constrained and cannot do those things as well as the big players can, which is why you need patent protection for your innovations.


The implication of being a small business is that you are resource-constrained and cannot do those things as well as the big players can

I disagree with this implication. Being small just means you have to use the resources that you do have, to greater effect. And a small business has a lot of advantages in it's own way... you can typically learn faster, react faster, give customers more personal attention, and you can pursue niches that would be too small for a larger player to focus on.

which is why you need patent protection for your innovations.

Right, because if Apple decides to use technology created by Enraged Camel Software, Inc. you're going to be able to afford the legal fight with them, even if you do have a patent?

And never mind the money you wasted getting a patent in the first place. Depending on who you believe, it can routinely cost somewhere north of $50,000 just to get a patent. What else could a small company / startup do with $50,000?

And never mind that your startup can easily be attacked by $RANDOM_BIGCORP for "violating" some submarine patent that you never knew about, if you step on their toes. IBM alone has so many freaking patents, I'd bet they could construct a reasonable enough patent lawsuit against nearly any new startup that emerges, if they felt like it. And even if they lost in the end, they'd bankrupt the startup in the process.

I just don't think patents (and software patents in particular) do any good for startups / entrepreneurs. Actually, I think they are actively harmful; especially when the USPTO is granting these ridiculously overbroad patents for trivially obvious ideas.




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