Patent Trolls

Kesan, Jay P.

Patent Trolls

Research Handbook on the Economics of Intellectual Property Law, Volume 2: Analytical Methods, Peter S. Menell and David L. Schwartz (eds.), Edward Elgar Publishing Ltd., 2019, Forthcoming

University of Illinois College of Law Legal Studies Research Paper No. 20-04

19 Pages Posted: 24 Oct 2019

See all articles by Jay P. Kesan

Jay P. Kesan

University of Illinois College of Law

Date Written: October 22, 2019

Abstract

This chapter reviews studies of non-practicing entities (NPEs) (aka “patent trolls”) and their effect on the United States patent system. The information presented is not intended to pass judgment or persuade readers that NPEs are definitively beneficial or detrimental to the patent system, but rather seeks to inspire readers to assess the issue of NPEs from a more informed and detailed perspective.

There are varying opinions and interpretations regarding NPEs, their behavior, and the effects of their behavior. Current empirical studies offer mixed evidence and conclusions regarding the effect of NPEs on the patent system. After reading this chapter, a researcher will be capable of determining substantial differences in the behavior and characteristics amongst the various types of NPEs. This would further help the researcher to differentiate which kinds of NPEs’ behavior are detrimental and which are favorable to the patent system.

Suggested Citation: Suggested Citation

Kesan, Jay P., Patent Trolls (October 22, 2019). Research Handbook on the Economics of Intellectual Property Law, Volume 2: Analytical Methods, Peter S. Menell and David L. Schwartz (eds.), Edward Elgar Publishing Ltd., 2019, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 20-04, Available at SSRN: https://ssrn.com/abstract=3473854