What Is A Patent Troll?

Coming up with an idea, creating a prototype invention and eventually taking it to market is a dream for many inventors. The hard work, blood, sweat and tears to get to a point where your invention is ready for sale is phenomenal. Very few inventors expect to receive a notice for patent infringement when they launch their product. Unless they have truly copied from an already existing innovation, they may be the victim of a patent troll.

What Is A Patent Troll?

A patent troll, also know as Patent Assertion Entities or non-practicing entities (NPE), is an entity that attempts to claim patent infringement even though the entity has not actually created anything.

An example is Dovden Investments, an investment company that does not have any real products or services. Instead, they file patent lawsuits against other companies. In 2013, Dovden Investments made 28 infringement claims. Additionally, Dovden Investments had only 6 patents. Dovden Investments is a patent troll. It makes profits by causing legal trouble for businesses by claiming patent infringement because it owns a similar patent.

If you have received a patent infringement claim from a patent troll, here’s what you can do.

Do Not Panic

Patent infringement trolls send patent infringement notices with large damage claims. With any infringement notice, you should seek out the assistance of a patent lawyer to provide you with guidance, options and risk assessments. It is unlikely that a patent troll will break your business.

If you panic, you lose control of the situation, so - do not panic!

Learn About The Patent Troll

The next step is to find out who the patent troll is. Who are they? What patents to do they own? Have they pursued legal action against other businesses for patent infringement?

Gather as much information as you can on the patent troll. The information you gather is critical for the next steps.

Say Nothing

Take a thorough look at the infringement claim. If you are confident that the allegations can’t be proven, ignore it. Patent trolls often send patent infringement claims just to rattle the business. If the business gets in touch with the patent troll, the patent troll further increases the pressure for the business to pay the damages.

If you are one of many, the patent troll may not take any further action.

Prove The Claims Are Invalid

If nothing else, you can prove that the claim is invalid. A fight in the court is the best way to expose a patent troll. Furthermore, most patent trolls do not want to fight the claim in court, this may lead to the patent troll dropping the claim.

If the patent troll has approached other businesses, you can team up to create a strong defence.

If you have received a patent infringement claim that you suspect is from a patent troll, it would be best to contact a legal professional who will be able to guide you.