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I agree that the term NPE is a misnomer. I disagree that there's no difference between patent holders. No single behavior makes a patent holder a troll, but a
by pyalot2 13y ago
I agree that the term NPE is a misnomer. I disagree that there's no difference between patent holders.
No single behavior makes a patent holder a troll, but a combination of behaviors do.
Good: A patent holder partners with licensees to produce their invention.
Bad: A patent holder waits until somebody produces their invention to sue them.
Good: A patent holder tries to get their invention produced.
Bad: A patent holder takes no steps to get their invention produced.
Good: A patent holder sues for infringement that does not discourage going to court.
Bad: A patent holder threatens to sue under conditions that make going to court pointless.
Good: A patent holder is the inventor.
Suspicious: A patent holder bought the patent from the inventor.
Good: A patent holder takes the necessary steps to make their patent known.
Bad: A patent holder exploits the system to hide their patent as much as possible (submarine patents)
Good: A patent represents a suitably complex/worthy invention with a clear and narrow definition.
Bad: A patent is overly broad and claims a trivial invention.
A good patent/patent holder will never fulfill all bad criteria listed above. However a patent troll will always fill all the bad criteria for obvious reasons.