Gagnier for Congress Issue Brief: Patent Reform: Patent Trolls and the Toll on Innovation
IT’S A TRILOGY! (More on Patent Trolls…)
-
Upload
comboapp-inc -
Category
Technology
-
view
71 -
download
0
Transcript of IT’S A TRILOGY! (More on Patent Trolls…)
IT’S A TRILOGY! (More on Patent Trolls…)
March 5, 2014
-Kate Kotler, Writer
Mobile Marketing Agency
Rules of a Trilogy (Scream 3)
While following up on our ongoing coverage of the proposed patent troll reform
legisla=on snaking through Congress, we stumbled across the following ar=cle on
CNN.com:
Opinion: Not all patent trolls are demons by Timothy Holbrook
Duh, some of them are homunculi! (Patently -‐pun intended-‐ stolen
from fusillade762 on Fark.com)
The crux of the opinion piece is that while the media is busy “demonizing” Patent
Asser=on En==es (or, PAEs, the polite way of saying “patent troll”) that many of
these companies actually serve a valuable business purpose and are one of the only
solid channels bootstrapped inventors have of seeing monetary return for their
crea=ons:
“What is lost in this mudslinging is that much of what PAEs do is laudable — paying
inventors. Patents don’t grow on trees. Someone came up with the inven@on
and incurred considerable expense to obtain the patent. Many inventors can’t bring
their inven@on to market themselves, however, so selling the patent may be the only
way for them to make money. By buying these patents, PAEs compensate inventors,
one of patent law’s objec@ves.”
Mobile Marketing Agency
While this is an interes=ng flip side of the patent troll coin to consider, it seems to us that altruis=c PAEs
comprise a small minority of the larger patent acquisi=on community and while Congress should consider the
legi=mate business purposes of this segment (and, make sure their ac=vi=es are protected), they s=ll should go
aUer reform that puts the kibosh on those who are looking to exploit the system solely for financial gain. IE: Go
aUer the overly li=gious patent trolls with low-‐quality patents. Holbrook agrees,
“Problems arise when PAEs sue on improperly issued patents, ones that never should have goHen out of the US
Patent and Trademark Office.”
Unfortunately, it seems -‐such as in the case of PAEs like Chicago’s own, Anthony Brown-‐ that most rely on low-‐
quality patents that shouldn’t be li=gated as the center of their business.
So where do you draw the line with the Innova=on Act? Do nothing, do everything or work harder to find a
compromise… ? Well, it’s Congress, so we can only venture an educated guess as to what the answer will be.
!-‐Kate Kotler,
Writer