4 ms·
I sometimes think that patent trolls are just the scapegoat for larger issues at hand. Patent trolls are simply acting upon their rights with issued patents. In
by elecengin 17y ago
I sometimes think that patent trolls are just the scapegoat for larger issues at hand. Patent trolls are simply acting upon their rights with issued patents. In many cases, the patent trolling is not what is absurd - it is the patents. Patents that really never should have issued.
We have a IP culture in the United States where patents are distributed very freely and with minimal review. This generally isnt a problem because litigation is the "nuclear button" of IP enforcement - it costs 1million+ for both sides even to start. So, as long as everyone just uses patents are trading cards everything is fine. Companies routinely start new enterprises without a prior art search... because they do not expect anyone to actually _litigate_.
When the absurd patents go to litigation, though, it becomes painfully clear how broad and abusive the patents in question were in the first place. Big companies are embarrassed and emptied of their money because they _did_ infringe.
The USPTO must become more selective when issuing patents, and companies must own up to the fact that they are responsible for infringement, no matter who owns the patent or if they are an NPE or not.