Members-only forum — Email to join

Software Patent — utility vs design patent strategy

Started by TechStartup_Founder · Jan 5, 2026 · 1,170 views · 23 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
TF
TechStartup_Founder OP

Has anyone dealt with something like this? I'm not sure what my options are.

utility vs design patent strategy. I've been dealing with this for about 6 months now and the situation isn't improving.

I have already consulted briefly with a lawyer but got conflicting advice.

Has anyone been through something similar? What worked for you?

TL
Mod_TermsLaw Moderator

Attorney here. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under the relevant statute, actionable.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

DS
DevOps_Seattle

I've dealt with this before.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

AF
asking_for_friend_contractor_CA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

RM
RestaurantOwner_Miami

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

IG
InsuranceGuy_FL

I've seen this play out several times in my field.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

FT
first_time_investor_NY

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

IG
InsuranceGuy_FL

Been there. Here's what I learned.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

SB
SmallBizOwner_NYC

Been there. Here's what I learned.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

EA
EstatePlanner_AZ

Not a lawyer, but I have direct experience with this.

What worked for me was having everything documented. It took 3-6 months but was worth it.

SA
seeking_advice_dev_OH

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

WW
worried_worker_2023

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

CT
CryptoTrader_2023

Been there. Here's what I learned.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

TR
TruckerRights_OH

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

MA
MusicProducer_ATL

I've dealt with this before.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

VA
VCAnalyst_SF

Not a lawyer, but I have direct experience with this.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

NI
newbie_investor_WA

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

HM
help_me_seller_WA

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

RM
RestaurantOwner_Miami

Not a lawyer, but I have direct experience with this.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

JC
just_curious_driver_advice

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

DF
desperate_freelancer_GA

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

PN
Photographer_NYC

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

NH
need_help_driver_advice

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

AF
asking_for_friend_seller_question

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

Want to participate in this discussion?

Email owner@terms.law to request access