Patent Trolls: What They Are and How to Defend Against Them
Patent Trolls are entities that acquire patents with the primary intent of enforcing them aggressively against others, without any plans to manufacture or market the patented invention. Their main objective is to profit through litigation or licensing fees by threatening companies with patent infringement lawsuits. Here are some ways to defend against them:
1. Conduct Thorough Patent Research
Before launching a product or service, perform a thorough patent search to identify any existing patents that may present a risk. This proactive step helps prevent unintentional infringement.
2. Implement Patent Insurance
Patent insurance can assist in covering legal fees and costs if your company faces a lawsuit from a patent troll, alleviating the financial strain of defense.
3. Challenge Patent Validity
Many patents held by trolls tend to be overly broad or weak. You can challenge the validity of these patents through administrative processes, such as submitting a request for reexamination to the U.S. Patent and Trademark Office (USPTO) or utilizing the Patent Trial and Appeal Board (PTAB).
4. Fight Back in Court
Some companies choose to confront patent trolls in court instead of settling, as this approach can deter future troll activity. Courts may dismiss frivolous lawsuits or award attorney fees to the prevailing party in cases of bad faith litigation.
5. Utilize Legal Defenses
Defenses like non-infringement, invalidity, and prior art—demonstrating that the idea was already public knowledge—can be effective in court.
6. Join Anti-Troll Initiatives
Companies can participate in industry groups or coalitions such as the LOT Network or Unified Patents, which aim to reduce patent troll litigation by sharing intellectual property and pooling resources.
7. Stay Informed of Legislative Changes
Patent law is continually evolving to address abusive litigation. Staying informed about changes in laws or rulings related to patent trolling can open up new defense strategies.
By adopting these proactive measures, businesses can more effectively safeguard themselves against the expensive tactics of patent trolls.
Conclusion
Now you have a clearer understanding of what patent trolls are and how to defend against them. If you require IP-related services, IP Consulting Group is the perfect choice. Our team of certified professionals is ready to meet your needs. Take advantage of a free 30-minute IP consultation with our experts, and explore reliable options for protecting your intellectual property.
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