I also tend to think of patents as a necessary evil...a defensive measure in a world gone crazy. I've secured a few BUSINESS METHOD patents where software is a large part of the mechanism, but I've never tried to secure a patent solely based on software.
TIME: The USPTO has an expedited examination service if you qualify. Otherwise, you may be looking at 4-6 years. If your claim is very complicated or is disputed it can take much longer. I just read an article about a company that got their patent approved after 18 years! The USPTO is supposedly changing some of their processes, which will theoretically speed up the ordeal a bit.
COSTS: wayt's cost estimate is more accurate than most. Most patents cost much more than people initially budget. I've spent as much as $225K getting a patent...and I've fortunately never had to defend one from a major company, which could skyrocket your costs into the millions.
Eusman's suggestion about getting a provisional patent is a good one if you think your startup will be on firmer financial footing within the year. You should note that you have to have not only implemented your software etc., but you have to have overcome any objections from the USPTO or disputes/counterclaims from others before the year is up. A surprisingly small number of people successfully do that. Most people are just giving their competitors a cheat sheet.
PPAs are cheap, though, so I would almost view them as using options to protect a portfolio. Most expire worthless, but if you need it you'll be thankful you paid for the insurance. The words "Patent Pending" on your business plan and press releases can also go a long way in some circles. Just a PPA can secure that.
Thanks - everyone commenting so far has added something useful. One thing I didn't mention in the initial question - can you recommend/not recommend any specific patent agent/attorney? ratsbane at gmail
TIME: The USPTO has an expedited examination service if you qualify. Otherwise, you may be looking at 4-6 years. If your claim is very complicated or is disputed it can take much longer. I just read an article about a company that got their patent approved after 18 years! The USPTO is supposedly changing some of their processes, which will theoretically speed up the ordeal a bit.
COSTS: wayt's cost estimate is more accurate than most. Most patents cost much more than people initially budget. I've spent as much as $225K getting a patent...and I've fortunately never had to defend one from a major company, which could skyrocket your costs into the millions.
Eusman's suggestion about getting a provisional patent is a good one if you think your startup will be on firmer financial footing within the year. You should note that you have to have not only implemented your software etc., but you have to have overcome any objections from the USPTO or disputes/counterclaims from others before the year is up. A surprisingly small number of people successfully do that. Most people are just giving their competitors a cheat sheet.
PPAs are cheap, though, so I would almost view them as using options to protect a portfolio. Most expire worthless, but if you need it you'll be thankful you paid for the insurance. The words "Patent Pending" on your business plan and press releases can also go a long way in some circles. Just a PPA can secure that.