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

See all articles by Rajkumar Vaikhari

Rajkumar Vaikhari

National University of Singapore (NUS) - Faculty of Law; National Academy of Legal Studies and Research (NALSAR) University

Date Written: December 26, 2008

Abstract

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

Suggested Citation

Vaikhari, Rajkumar and Vaikhari, Rajkumar, The Effect of Patent Trolls on Innovation: A Multi-Jurisdictional Analysis (December 26, 2008). Indian Journal of Intellectual Property Law, Vol. 1, p. 64, 2008, Available at SSRN: https://ssrn.com/abstract=1320553

Rajkumar Vaikhari (Contact Author)

National Academy of Legal Studies and Research (NALSAR) University ( email )

3-4-761, Barkatpura
Shameerpet
Hyderabad, Andhra Pradesh 500027
India

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
412
Abstract Views
1,741
rank
93,286
PlumX Metrics