I know nothing about software patents. The idea of patenting software seems almost intangible. Do you patent the code or the result of running the program? I can see why programs may fall under copywrite protection. In your case maybe a design patent or even trademark protection.

I believe one benefit of our patent system is the elimination of unintentional infringement.

I did a patent search on an idea for a simple manufactured product I thought was totally original and unique. I have found over six instances of prior art dating back to the late1800's. I still think I can show unobviousness and "write around” these existing patents. I don’t see anything wrong in trying this because I feel my product is better and “significantly and substantially” different.

To me, now, your feelings about your work seem right on. I have to wonder where we would be if there were no patents. Would you have to rush your product to market to establish a majority share? The first to market would have the benefit of product recognition -for example “The Original” widget. Could you trust manufacturers with only a confidentiality agreement?

One way to avoid the use of patents is to keep your profit margin intentionally low. The lower the incentive to copy your product the less likely it will be copied.

I have more questions than answers. Some have said that the best use for a patent is something cool to hang on your wall. Maybe they’re right.

Good luck with your situation.

RobVG