«
Grokster Arguments Before the Supreme Court |
PHOSITA Home |
march, 2005 top phosita posts »
Patent Trolling – Good or Bad?
“Patent trolling” involves finding and procuring patents, then suing infringers of those patents.
Some claim that this is an unfair, extortion-like practice, often exercised by those who are not even producing the “patented” invention. This position is somewhat intuitive. It doesn’t seem fair that someone who isn’t even making a product can prevent someone else from making that product. This is particularly compelling when the product would truly benefit society. For instance, a miracle drug or a safety device.
Even So, when I first learned of this business strategy, I thought nothing of it. In my mind, people and companies should always do a “background check” before starting production. If a patent reads on their potential business, they should go through the proper channels to license, or buy the patent rights. Then, lawsuits wouldn’t be a problem.
However, this checking is probably uncommon, particularly among small businesses. An argument can be made that companies don’t always have the resources to perform a “prior art” search before starting production. However, I don’t believe that the lack of funds, and the resulting lack of knowledge, should matter when infringement is involved. After all, the inventor has taken the necessary, and often expensive, steps to protect the invention. It seems contrary to the whole idea of IP to let a business off the hook because they didn’t know about the invention.
In my opinion, patent trolling puts the patent in the hands of someone willing and able to enforce the rights associated with patent ownership. This allows the true value of the patent to be exploited. By allowing patents to be more highly valued, I believe we enhance the whole system.
For more commentary on patent trolling:
Update 4/4/05: Here are two more links with insightful discussion on patent trolls:
You may be interested in reading the following related posts:
- Post Grant Review For Trolling?
- Patent Rights in under a month?
- universities as patent trolls – part 2
- universities as patent trolls?
- What the heck is a patent troll?
Posted by Douglas Sorocco, April 1, 2005 at 9:33 am
Permalink: Patent Trolling – Good or Bad?
5 Comments
Patent Troll was coined by Peter Detkin while at Intel, but who is now, by his own definition, a patent troll.
Patents are a special commodity, with a history stretching back almost 600 years. What is surprising is the lack of understanding by many businesses, including multinational corporations, of how to effectively deal with patents, and lack of public appreciation of the importance that patents have played, and continue to play, in promoting technological progress.
Gary Odom, Patent Hawk (patenthawk.com)