A patent troll may work a variety of ways, though each
positions patent ownership as a way to generate revenue without producing any material benefits by using the patent in question.
As collaborations between tech companies and customers increase, so will the gray area
around patent ownership and IP.
Currently, it features reforms
on patent ownership transparency, a customer stay, and bad - faith demand letters.
As much as 30 to 40 percent
of patent ownership records are currently not identifiable or misidentified.
EFF's Defend Innovation campaign, which includes seven proposals that provide crucial fixes to the patent system, features a separate fix that includes the disclosure of not only
patent ownership records but also licenses (barring relevant trade secrets).
EFF's Defend Innovation campaign features a separate fix that includes the disclosure of not
only patent ownership records but also licenses (barring relevant trade secrets).
During the examination of pending patent application as well as after the patent is granted, the owner may create and submit a Patent Assignment Recordation Coversheet to
change patent ownership or owner name
In addition we are linking related cases, standardizing company names, creating company structures,
verifying patent ownership, improving classifications, and more.
A combination of poor record - keeping infrastructure and practices, as well as scheming businesses that
transfer patent ownership to shell companies, has resulted in a hazy patent system where the lack of transparency has become a competitive tool.
The additional overhead costs — around, for example, being transparent
about patent ownership or being upfront about the basis and scope of a lawsuit — are necessary changes that will close gaping loopholes that trolls and bad actors are exploiting today.
The rest of the updates are important as well, such as a new rule proposal (PDF) for
making patent ownership more transparent, and an increased number of empirical studies about the state of the patent system.
The bill would require plaintiffs to be more specific in their lawsuits, increase transparency
of patent ownership, reduce the costs of discovery, and protect end users, such as coffee shops who might purchase a patent - protected item from a vendor.
It is alleged that the investment was induced by a series of fraudulent misrepresentations made by the defendant, relating to ownership of a patent
That bill, sponsored by House Judiciary Chairman Bob Goodlatte, would require plaintiffs to be more specific in their lawsuits, increase transparency of
patent ownership, reduce the costs of discovery, and protect end users, such as coffee shops that might purchase a patent - protected item from a vendor.
Patent trolls and profiteers - those that use
their patent ownership for the sole purpose of demanding payment from operating companies - have ramped up their activities in recent years, expanding their targets beyond technology companies to include small businesses, retailers and grocers, financial institutions, hospitals and pharmacies, car dealers, real estate agents and thousands of other businesses.
Both the Innovation Act and the Patent Transparency and Improvements Act have language to bring much - needed transparency to
patent ownership.
We need to increase transparency in the litigation process, starting with demand letters and
patent ownership; we need to control the costs of litigation by, when appropriate, shifting fees and limiting expensive discovery; we need better programs for challenging bad patents; and we need to protect end - users and consumers.