Just discovered this guy, Guy. ex-Cheif Evangelist at Apple. Really interesting talk at Le Web in December. Worth a watch.
“If i were sitting across the table form an entrepreneur and i brought up the question of defensibility and they said their defensibility was built on patents, i would laugh at them. The ideal number of times to use the word patent in a presentation is one. If you wanted to impress an investor you would say ‘we have a patent pending, however it is not a key part of our defensibility. Our defensibility is primarily built on aggressiveness, our ability to work hard, our team and our willingness to change in order to make this company successful.’
For most people, the amount of money and time it would take to successfully litigate is totally irrelevant for a startup.”