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ARTICLE · 26 OCTOBER 2020

Don't Feed The Patent Trolls

Some NPEs own strong and valid patents, and engage in commercially reasonable licensing activities.

United StatesIntellectual Property

Not all patent owners exploit their patents by making and selling products. Rather, some monetize their patents through licensing in which case the entities are referred to as "Non-Practicing Entities" or "NPEs." Some NPEs own strong and valid patents, and engage in commercially reasonable licensing activities. Many educational institutions represent this type of NPE. However, some NPEs own patents of dubious validity, engage in heavy-handed licensing tactics, and have come to be known as "patent trolls." Some NPEs build portfolios of their own patents and others purchase patent portfolios from distressed entities. Because a patent troll's portfolio is often weak, some say that a patent troll does not patent inventions, but rather, invents patents.

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