Research Paper (postgraduate) from the year 2016 in the subject Law -
Miscellaneous, grade: 1,0, University of Kaiserslautern, course:
Patentrecht, language: English, abstract: This work investigates the
behavior of patent trolling entities in the European, German and
American patent system. Legislative, judicial, executive and private
measures with the intent to contain the rent seeking and abusive conduct
of patent trolling entities are discussed. Moreover, the impact of these
measures on other entities in the patent system are examined. The most
efficient measures are assumed to show a high selectivity and a strong
impact on the business model of the trolling entity, while negative
effects on other entities are minimal or non-existent and positive
effects are preferred. According to these requirements, suitable
measures to increase the patent quality like improving the patent
examination processes of the patent office or the inter partes and the
post-grand review are debated. Furthermore, the introduction of a peer
to patent network or Patent Investment Trusts (PIT) are examined. To cut
through growing patent thickets, the collaboration with patent pools or
patent pledges is proposed. At last, the differences between the
European, German and American patent system regarding their
vulnerability to trolling entities are elucidated. In the end,
containment measures against patent trolling behavior should selectively
target the business model of patent trolling, which is expected to arise
from the weak spots of the patent system.
