Past Experience Should Guide Measures To Deal With Patent Trolls

Discussions around patent reform often focus on problems allegedly caused by "patent trolls", also referred to as "patent assertion entities" or "non-practicing entities". However, recent and historical experience suggests that small changes rather than extensive legislative action are often sufficient to correct these problems.

Patent trolls are businesses that acquire and monetize patents covering commercially important technologies without developing or practicing those technologies. Some patent trolls are associated with aggressive monetization techniques, such as sending threatening demand letters or initiating lawsuits in an attempt to force a defendant to settle rather than face the high-cost of litigation. As a result, patent trolls are considered a threat to operating businesses that develop and exploit innovative technologies.