How can I know before starting my business if I will be infringing a patent?

[alphabravotango]

Note: I live in Switzerland, but as my business will intent to reach the whole world (a web service), instead of a US state I would put the whole US.

The idea is a "a lost and found system offered through the internet (web service), where you can register in advance your items, so that in case you loss them, anyone who finds them could notify you".
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First of all, thank you for the opportunity to ask you about patent infringements.

I have a business idea, and I know that there is a patent (or patent application) in the US for a similar business idea (or should I call it "Business method"?, I am aware of the difficulties with this kind of patents), and also a patent (or patent application, I am not sure if it was granted by now) in the European Union for another similar idea (a lost and found system where you can register your items in advance). Moreover, in the European Union at least, there is a company (the owners of the patents) which is exploting the idea in Europe, but not in the US.

Please note that I am *not* looking for a patent for my idea. I just want to start a business out of my idea, which I think in principle is not infringing the abovementioned patents, mainly because what I want to do is just common sense, but I am not an attorney, so I cannot tell. What I would like to do, is start my business with this idea, trying to have low start up costs... Also, I would chose to creat a limited liability society.

My questions are:
1-how can I find out in advance whether I would be infringing a patent if I start my business?
2-if I start the business with no much prior research, and someone suits me... what would be my risk? Being a limited liability company will put a limit to my loss?
3-I live in Switzerland (although I am not Swiss), but the system could cover the whole world, including the US (because it is a web service). How this affect the legal situation of a swiss company operating from Switzerland, perhaps with the servers in the US, and offering a service that can be accessed worldwide?

Note that I have very limited resources to invest, so I am looking for a reasonable and the less expensive as possible way to find out the answers to my previous questions...

Thanks for the guidance..

Tim

 

[Ozark_Sophist]

I have a bunch of my stuff registered with a 'lost and found' organization already in operation. In fact, I have seen their tags on all sorts of new electronics and backpacks. Your proposed buisness already has stiff competition.

 

[alphabravotango]

how to know in advance if I will be infringing a patent

I have a bunch of my stuff registered with a 'lost and found' organization already in operation. In fact, I have seen their tags on all sorts of new electronics and backpacks. Your proposed buisness already has stiff competition.

Thank you Ozark. I understand what you say, but I think that my idea is much better than what is currently on the offer...

Do you have any answer to the questions I posed before?

Thank you in advance,
Tim

 

[Ozark_Sophist]

As described, your idea is exactly the same as the idea behind the system I have for my outdoor gear and electronics. Give me a bit to look them up.

 

[alphabravotango]

As described, your idea is exactly the same as the idea behind the system I have for my outdoor gear and electronics. Give me a bit to look them up.

Thank you for your post, Ozark. If you do not mind, I would like to know the name of the company / service you are talking about. Whenever possible, could you please let me know?

Best,
Tim

 

[Ozark_Sophist]

I can't post the name of the service directly (no advertisement per T of S), but an article about your proposed concept can be found at http://itotd.com/articles/424/online-lost-and-found-services/

 

[alphabravotango]

I can't post the name of the service directly (no advertisement per T of S), but an article about your proposed concept can be found at http://itotd.com/articles/424/online-lost-and-found-services/

Dear Ozark,

I cannot thank you enough... I now see that there is TIGHT competition... I am now considering to abandon this idea... you know, I developed it enterely by myself, slowly, along more than a year... and then I found a patent (or patent application) in the US and another in Europe... Later on I found a company in the Netherlands I think, and another in Switzerland, this latter one offering a limited coverage... but now... I've seen that there are what it appers to be excellent implementation of the idea....so I should look in another place, I think... I have not the resources to fight with those companies...

Thank you, my friend, for the info... it saved me much a lot of trouble, I think...
Best,
Tim