No institution is more responsible for the recent explosion of patent litigation in the software industry, the rise of patent trolls, and the proliferation of
patent thickets than the United States Court of Appeals for the Federal Circuit.
But in the long run, I think the streamlined, low transaction cost, evidence - based intellectual property system it suggests — a world with fewer
patent thickets, fewer orphan works, fewer examples of copyright breaking instead of making markets — will actually be seen as profoundly positive not only for society, but for digital businesses themselves.
The government should take certain specific steps to limit the effects of «
patent thickets and other obstructions to innovation.»
Barnett contends that the criticisms of a strong patent - rights system overlook recent empirical evidence and have overestimated the impact and scope of problems including «patent trolls» (firms that own patents but do not manufacture products), «royalty stacks» (the total demands of multiple intellectual property holders for remuneration leave too little revenue left for the manufacturer), and «
patent thickets» (complex and conflicting legal claims that increase transaction costs for manufacturers).
Not exact matches
Other proposals would make it easier for competing, «biosimilar» alternatives to break through the
thicket of
patents created by sellers of complex drugs such as insulin.
Smaller firms in particular face a
thicket of litigation by competitors and «non-practising entities» — the polite term for
patent trolls.
A database of stem cell - related
patents is also urgently needed, the group says, to help scientists deal with the thorny
thicket of intellectual property that has grown along with the hot field.
But Weaver fears that the company could become ensnared in a
thicket of thousands of
patents.
For example, a review of the induced pluripotent stem cell (iPSC) landscape reveals that the distribution of
patents around core technologies for generation and differentiation could lead to appropriate conditions for
patent «
thicket» formation (52).
The review, Digital Opportunity, led by Cardiff University's Professor Ian Hargreaves, calls for the creation of a unified European
patent system, and for
patent fees to be reformed so there is no longer an incentive to create «
thickets» or multiple layers of
patents.
On the one hand, we are far from thrilled to see money and time devoted to adding one more twig to the
thicket of software
patents.