In our view, the U.S. legal system gives rise to numerous oddities that are in marked contrast to the German understanding of the law. These undoubtedly include the numerous disputes in the area of patent protection, which the legal protection of inventions in the USA makes possible. Under the term "patent trolls", various law firms and companies have caused a furor by exploiting these regulations for their own interests. The terms patent shark, patent hunter or patent freebooter are also widely used for this type of profiteering.
Characteristic procedures of patent roles
All companies or law firms that act as patent predators operate within the bounds of legality. They have extensive specialized legal knowledge that enables them to exploit US patent law. Unlike corporations that assert their legitimate patent interests against competitors, however, they do not belong in the dubious category. This is because patent trolls do not engage in any productive activity in the true sense of the term: They do not produce goods or offer services. Rather, they are established solely for the purpose of successfully litigating patent disputes.
To achieve this goal, patent pirates file patents that are as vague as possible. This makes it highly likely that other, active companies will infringe them through their economic activities and become the victims of patent trolls. The so-called trivial patents enable the trolls to collect licenses for many different fields of application. In many cases, the companies concerned prefer to pay these royalties more or less voluntarily than to spend years in legal disputes over the infringement of patent rights.
In the U.S., the costs of such proceedings can quickly reach millions, which are capable of endangering the existence of the victim of the patent troll. Small and medium-sized companies in particular often find themselves forced to take this path of lesser resistance. They simply cannot afford costly legal battles. Often, they do not even have the opportunity to have the possibly factually unfounded accusation of patent infringement reviewed by specialized lawyers.
Successful defense strategies
Companies cannot hope that the legislator will put a stop to patent trolls. For this reason, they must take the initiative and defend themselves from price fluctuations in mt4 download; this is possible in this form, for example:
Joining forces with other affected parties to take legal action more easily.
Taking out insurance policies in good time
Even have new processes and technologies comprehensively protected by patents
Patent trolls cause billions of dollars in economic damage year after year
They are not only active in the USA, but also in Europe.
Companies in the high-tech sector in particular must prepare for this threat and implement effective strategies to combat it.