Patent-trolling is becoming a serious issue that prohibits innovators from being able to exercise their freedom and hurts the free market by preventing competition. The practice of entities, known as Patent Assertion Entities, gobbling up patents just to make money through litigation is a perfect illustration of how broken our current system is.
The legal system should not be exploited as a money-making tool for companies, but sadly, that is what is happening. Even Apple and Samsung, the biggest abusers of patents for profit, have spoken out against patent trolls hurting free market innovation.
For these patent trolls, the European Union has become a safe haven, constantly making decisions in favor of patent holders and ruling against free-market capitalism in order to protect "intellectual property." This is a serious problem because as we have seen before, regional differences in IP enforcement can create problems and inequalities in the law. The Eastern district of Texas is a perfect example of what can go wrong when certain regions are easier on patent litigation.
This is an issue that the EU should act to take care of soon.
The legal system should not be exploited as a money-making tool for companies, but sadly, that is what is happening. Even Apple and Samsung, the biggest abusers of patents for profit, have spoken out against patent trolls hurting free market innovation.
For these patent trolls, the European Union has become a safe haven, constantly making decisions in favor of patent holders and ruling against free-market capitalism in order to protect "intellectual property." This is a serious problem because as we have seen before, regional differences in IP enforcement can create problems and inequalities in the law. The Eastern district of Texas is a perfect example of what can go wrong when certain regions are easier on patent litigation.
This is an issue that the EU should act to take care of soon.
Do you have an opinion regarding what actions the EU should take? Specific regulations?
ReplyDeleteI think the EU could adopt similar patent reforms that the US is currently moving towards. If costs of litigation are awarded to the victors, the real beneficiaries publicized, and reviews of functional claims tightened, technology companies would waste less time and money on legal battles and focus on innovation. If this is so serious an issue that President Obama addressed it in his State of the Union Address, I think the EU has a responsibility to see how patent trolling can be addressed in Europe. In an increasingly globalizing economy, it's important for IP laws to improve in all parts of the globe.
DeleteI did not know the EU was pro-patent trolling. From an article that I read (reference my blog), it said the standards for acquiring an EU patent was more stringent than the US. The article stated that Europe tends to approve patents that have an engineering purpose, which differs from the "everything under the sun" rule of the US. Are there specific aspects of the EU patent system that you have found to particularly favor patent trolls as compared to the US?
ReplyDelete"Even Apple and Samsung, the biggest abusers of patents for profit, have spoken out against patent trolls hurting free market innovation."
ReplyDeleteI know that Apple plays a large role in Rockstar, but do you have some examples of when Samsung has acted as a dominant patent troll? I'd love to hear your thoughts about specific circumstances.