The Effect of Patent Trolls on Innovation: A Multi-Jurisdictional Analysis
Indian Journal of Intellectual Property Law, Vol. 1, p. 64, 2008
16 Pages Posted: 27 Dec 2008 Last revised: 5 Dec 2014
Date Written: December 26, 2008
The possibility of popular Blackberry services being affected brought the issue of Patent Trolls to the forefront. Named after a mythical creature renowned for villainy, Patent Trolls are often vilified as those that unjustly enrich themselves from the loopholes present in the US patent system. The counter to this argument has been that big corporations often use their asymmetrical power to vilify legitimate enforcement of patent rights as trolling activity. This paper studies the patent systems of Europe, Japan, Taiwan and India. It aims to explain how the US patent system has failed to provide a solution to the problem of trolling without curbing the rights of legitimate patent holders.
Keywords: Patents, Trolls, Patent Trolls, US Patent, Indian Patent
JEL Classification: K19
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