We're in Belgium, which determines the main part of our question.<p>My friend and I have an idea that could have a nice future.
At the current stage it's just that, an idea.
My friend wants to go and get a patent in his name (it was his idea), and then start a company together, to THEN build the product.<p>This requires investment much larger than I can contribute (€5k), which would shit the company from a 50-50 split (me being the technical person, he being the one with the idea and money) to something which I think would not be good for me.
In Belgium there exists the option to start a BVBA, which takes around €18k, or we can start an NV, which takes ~ €60k.<p>I think it's completely crazy to invest all this money without even having a prototype or any non-paying customers.
On the other hand, I don't know how we could make something that people are willing to pay for without actually charging them and having them pay, without such an investment.<p>My thought would be to first create a prototype, get feedback and non-paying customers, to finally start a company and charge people.<p>I basically have 2 fears:
1) invest money without having 1 customer or even 1 user
2) get shafted (see: jobs & wozniak)<p>So who do I talk to, what do I research?
> he being the one with the idea and money<p>Ideas are worth $0. Nevermind you'll switch the idea to something else.<p>And the type of person who wants to a get patent first instead of getting users is precisely the kind of person you shouldn't be starting a company with. A patent won't get you customers. How many companies can you friend name that lost to another company because of a patent rather than a thousand other reasons?<p>Both your fears are valid. Trust your gut. My suggestion: don't start a company with this friend.
You do realize that setting up a company is a waste of time/resources, as getting a verified and valid patent is quite expensive too?<p>Take all the resources people are providing you and also try to find a nice lawyer friend who can draft up a type of document where the initial patent is filed under the friends name until a certain point where it is feasible to setup a company.<p>Once the company is setup (51/49??), you then transfer the patent to the company, to prevent the patent owner from exploiting any future profits through legal means.<p>Also remember that no VC (even in Silicon Valley) will give you seed money if the patent is not under a corporate name.
Minimum share capital with two shareholders in a BVBA is €6200, i.e €3100 each. Nothing wrong with setting up an entity, but at the same time, there are alternatives in Belgium (e.g. a VOF), if you're strapped for cash.<p>You could set up a "joint ownership" document for the IP rights, which won't be worth much, but better than nothing.<p>This said, I would focus on getting customers first. Face it, if this is your first product, you'll probably fail. It's a cycle everyone goes through. :-)
> So who do I talk to, what do I research?<p>You MUST seek out and talk to the Economic Buyer. That's the individual who's life will be helped by purchasing your product or service. The more you understand his world, the stronger your idea will be.<p>Incidentally, you CAN sell a concept on a pilot project basis. The customer becomes your first investor.