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The American Patent Troll and the Attorneys That Love Them

Though the derogatory term Patent Troll is a relatively new one, the practice of using a patent law attorney or firm to enforce a patent, trademark or copyright on an intellectual property (IP) that one has no intention of ever actually doing anything with (other than enforcement) is not new.  There are many otherwise reasonable and legal actions that could cause others the bandy the patent troll label about, but in the end, a Patent Troll could be just about any individual, company or university that defends themselves with the help of a patent law attorney.

So-called patent trolls have received notoriety in recent years with some very high profile technology cases that pitted some of the largest corporations in the world against some small start ups who have won major victories.  Many times, these small firms were prevented from making their products by the actions of the larger companies, though they had once had every intention of writing the next “killer app.”  In many cases, the courts are the only way some small companies and inventors can get by.

On the other end of the spectrum are large corporations that use smaller shell companies to seek out ideas that people are working on, look for an existing patent, troll around for people willing to sell their patents for a song and then defend said patent from all other similar innovation.  This sort of behaviour is fully legal in all fifty states and is considered a mainstay of patent law.  Attorney and law firms consider the ability to transfer patents to be mainstay of US patent law that encourages competition in the marketplace, though many have accused patent trolls of having just the opposite effect.

Not all countries are so willing to accept either patent transfer or award patents to those who are not willing to develop them.  Some even dictate a development strategy that is agreed upon by the developer, the patent office and a patent law attorney.  However, in the United States, one may not only purchase patents that pertain to their own work, but can purchase patents and IPs at fire-sale prices when companies that hold many such patents seek bankruptcy. 

This applies to industrial, commercial and creative IPs.  With an amassed library of properties and many years of precedent patent law, attorney filings can take place one after another, as long as those who are being sued have resources to pay damages with.  There's little sense in playing the patent troll if there are no resources to be gained.  A good patent law attorney will be able to check and see if it's to your mutual benefit to seek damages.

So clearly, one person's patent troll is another's IP David, using a patent law attorney instead of a sling to fight the Goliath of thieving multi-national corporations.  However,  the one thing all patent trolls have in common, whether rightly justifying their hard work or taking advantage of a lucky investment, is the need for a good patent law attorney.