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*have courts be more consistent on their rulings and procedures (so not everyone goes to E.D. Texas)*more specific regulation that targets patent owners acting in bad faith*innovation act not right, STRONG patents act better?[[Category:Patent]]
The Truth Behind Patent Trolls Issue Brief (view source)
Revision as of 13:40, 21 September 2020
, 13:40, 21 September 2020no edit summary
{{Project|Has project output=Content,Guide|Has image= |Has title=The Truth Behind Patent Trolls Issue Brief|Has owner=|Has start date=|Has deadline=|Has keywords=|Has sponsor=McNair Center|Has notes=|Has project status=Tabled|Is dependent on=|Does subsume=The Truth About Patent Trolls}} This is the issue brief based off findings in [[The Truth Behind About Patent Trolls]] page.
==Introduction==
<section begin=trolls />
Patent trolls have galvanized legislators to create legal solutions to economic problems. Legislation considered in the current congressional cycle seeks to curb patent troll activity through restricting enforcement methods for patents, such as demand letters. This issue brief is designed to provide an overview of patent troll activity and provide recommendations for proponents of patents and innovation as they seek to curb patent troll activity.
<section end=trolls />
==What is a Patent Troll?==
In illiquid markets where asets cannot be sold or exchanged easily, patent assertion entities can help match patent holders to patent buyers and transfer ideas and technology from inventors to manufacturers effectively. This allows inventors to focus on innovation while benefiting from the knowledge and connections that intermediaries possess. Patent assertion entities are able to incentivize innovation through the effective brokerage of patents. [https://www.whitehouse.gov/sites/default/files/docs/patent_report.pdf] They manage risks for small inventors and inform manufacturers or inventors of the usefulness of having another inventor's patent in their patent portfolio. [http://www.bna.com/challenges-of-defining-a-patent-troll/]
According to the U.S. Census Bureau, small businesses (with less than 500 20 employees) made up 9989.7 6 percent of employer firms in the United States in 2012. [httpshttp://wwwsbecouncil.sba.govorg/sitesabout-us/defaultfacts-and-data/files/FAQ_Sept_2012.pdf] Small firms produce more patents per employee than large companies and help drive innovation in the United States economy. The patents they develop have a greater impact and are often more technologically important than those of large firms. [http://www.imamidejo.si/resources/files/doc/analiza%20patentov%20v%20msp%20usa.pdf] The Small Business Administration reported that "although small firms account for only 8 percent of patents granted, they account for 24 percent of the patents in the top 100 emerging clusters." [http://sbecouncil.org/about-us/facts-and-data/] Because small businesses and emerging companies are not always able to protect their patents on their own and account for much of the innovation driving emerging industries today, they need patent assertion entities who have the power to protect their patents for them.
==Are Patent Trolls Really that Big of a Problem? + Why Stricter Demand Letter Requirements Isn't the Solution==
Congress last passed comprehensive patent reform only five years ago, in 2011, and the unintended consequences from those changes are still appearing. [https://www.congress.gov/bill/114th-congress/senate-bill/632/text#toc-id645863c82106422dbabf0358ad52716d] Without carefully analyzing the potential effects of broad reform, Congress should not rush to combat the small amount of abusive litigation activity with sweeping changes that negatively affect everyone.
==Comment/Notes==
General notes:
*Statistics and facts should be drawn less from case studies
*Take a look at the top 10 patent trolls identified by Unified Patents, quick look at whether they are patent trolls
*Estimate of how many more patent trolls there are?
*Read Jim Besson’s paper (Albert is writing a lit review on it)
*Look at literature on trolls
What is a Patent Troll section:
*First statistical fact is a case study fact. “MPHJ sent demand letters to more than 16,000 small businesses, each letter demanding license fees of at least $1000 per worker”. Less case study ish, more data
Why PAEs are good for Innovation and Small Businesses:
*“Most small and medium-sized businesses are unable to afford the costs associated with patent litigation and are prevented from commercializing or licensing over 95 percent of current active patents” is not from a reliable cited source
sources that show legal fees for patent litigation is 20,000. get real article.
what are the costs associated? mean revenue of small business is this, cost of prosecuting patent infringement lawsuit is estimated at this…, therefore…
“Therefore, many smaller-sized businesses rely on patent assertion entities to protect their patents and defend against expensive litigation.” not true. many small businesses don’t own patents.
“patent assertion entities can help match patent holders to patent buyers and transfer ideas and technology from inventors to manufacturers effectively.” not true. they sue people who have infringed on the patent. patent auctions match people.
US census bureau fact. 90% of small businesses have under 20 employees
Show small businesses cannot afford this amount of money.
SBA fact is wrong.
My Section
systematic number, number of demand letters by FTC, instead of case study.
“appears to be, could be, might be” intellectual ventures legitimate patent monetization firm. Describe it, buys and develops own patented technologies.
Two problems with this. People x claim that the increase in patent litigation is …
there is no evidence to support this. (check there is no evidence)
Do we need to empower the FTC?
MPHJ – case study
don’t have market for ideas but we’d like it
poisoning it with demand letter litigation
