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As with my reply to monochromatic, I guess the issue here is the definition of the term "patent troll". People often use the term anytime a patent they don't li
by throwawaykf05 11y ago
As with my reply to monochromatic, I guess the issue here is the definition of the term "patent troll". People often use the term anytime a patent they don't like is asserted. However, studies suggest that patent trolls don't assert patents any worse or better than those that practicing entities assert. See for instance,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1792442 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1792442 for a limited by illustrative empirical study which also references several other related papers. This study also indicates that NPEs are probably a significant avenue for assertion of patents from individual inventors.
I will agree that there is a substantial patent quality problem, with a number of overly broad and poorly-defined patents being asserted by firms, non-practicing or otherwise. However, from my observation over almost a decade, I would also say that this problem is declining rapidly, as most of these patents were issued during a period when the PTO had no idea how to deal with them two decades ago.