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Anyone interested in getting a better understanding of the economic reality of trolls is encouraged to go to ssrn.com and do a quick search for "patent trolls".
by throwawaykf 13y ago
Anyone interested in getting a better understanding of the economic reality of trolls is encouraged to go to ssrn.com and do a quick search for "patent trolls". These are not all peer reviewed papers, but many of them have data and methodologies and, most importantly, numbers. Read only the abstracts, if you're short on time.
As always, the topic is so much more nuanced than "good" or "bad". The first result, "Patent Troll Myths" by Michael Risch is a good start.
Sure, you will find the papers by Bessen et al where the "trolls cost the economy 29 Billion" meme comes from. But you'll also find a paper (by Schwartz and Kesan) that debunks Bessen's paper, which got nearly 0 coverage in the press. You'll even find a paper showing trolls have better patents than average! But these tend to get settled quickly, so typically the poorer ones go to trial, and so you get papers (like from Lemley) showing that trolls lose more cases than average.
You'll also find papers arguing the benefits of trolls, debunking some of the common arguments against trolls, and introducing new previously unconsidered harms of patent trolls.
And of course, just like there's no clear definition of "software patents", there is no clear definition of "patent trolls" either, and you'll find papers discussing this.
And because they use different data sets, different papers look at the same problem at the same time and reach completely opposite conclusions.
And further, because the authors are almost never practitioners in the field, you get some really obvious findings being reported... and then misconstrued! For instance there's a paper showing litigation has shot up since 2007, and presenting various theories, completely missing the
Medimmune v Genntech decision that effectively upended the rules of patent licensing. And there's the paper that argues patent quality is dropping because more patents were being issued, without being aware of the ending of the misguided "reject, reject, reject" unofficial policy instituted by former USPTO head Jon Dudas (http://www.ipwatchdog.com/2009/03/16/prespective-of-an-anonymous-patent-examiner/id=2190 http://www.ipwatchdog.com/2009/03/16/prespective-of-an-anony...)
And as always, it's helpful to keep in mind where the authors' funding comes from. Bessen of the "29 billion" fame, for instance, is funded by the "Coalition for Patent Fairness". Check out the list of supporters. It's almost ad hom, but hey, if we can point out that studies showing the harms of piracy are often funded by the MPAA, we can point this out too.
Yes, there are clear bad actors like Lodsys, but there are so many more variables out there, and many are arguably helping more than harming.
Yet, somehow, it's only one small side of the story that gets told.
As this is a hot-button topic, we should take an objective look at the data. Because, quoting from one of the papers above, "Without a better understanding of the many complicated effects of patents in high technology markets, we run the very real risk of misguided policy decisions."
- mildtrepidation 13y agoWhile it's definitely healthy to step back and attempt a broader view of any issue, it seems to me that "patent troll," by admittedly informal definition, means a non-practicing entity litigating solely for profit. Maybe I'm missing something, and maybe it is a lot more complex than that, but I think this is one case where ill-defined or over-applied terms may be muddying the water with regard to what is or isn't taken into consideration on an issue that, by its nature, seems to have no redeeming value.
- throwawaykf 13y agoRead the papers to get an idea of how they are beneficial. One obvious way is straight-up helping individual inventors or small companies take on big ones. But another less obvious way they help is by creating a secondary market for patents. This has many follow on effects. For one, VCs are more likely to fund startups with the idea that they can partially offset the risk of failure by monetizing the patents (papers by Merges, Mann, etc. to this effect, IIRC). This enables entrepreneurs to pursue riskier technology ventures. Saying they exist only to litigate is missing the whole picture. That is simply what they specialize in, primarily because patents are essentially a right to sue, and there's a gap in the market when it comes to enforcing patents. Now you may say that patents themselves are crap and represent no value, but 1) that's a different problem than trolls, as others have mentioned, and 2) you'd be making a generalized assertion with little data to back it up. Even if you are an experienced patent litigator who's seen a lot of cases, there are biases at play. Which is why, again, we should turn to studies, which, again, do exist and, again, present a much more nuanced reality.
- joshdance 13y agoMost agree that patents are a good thing. But a "patent troll" as commonly understood is an entity that only litigates. There is no value creation on their end, and they are not using the patents to create value. Simply to re-distribute value from other parties to themselves.
- devx 13y ago> Most agree that patents are a good thing No, not software patents: http://news.ycombinator.com/item?id=2552740 http://news.ycombinator.com/item?id=2552740