Trolling behavior in the European and American patent system. The impact of regulatory and private containment measures on practicing and non-practicing entities


Research Paper (postgraduate), 2016

96 Pages, Grade: 1,0


Abstract or Introduction

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.

Details

Title
Trolling behavior in the European and American patent system. The impact of regulatory and private containment measures on practicing and non-practicing entities
College
University of Kaiserslautern
Course
Patentrecht
Grade
1,0
Authors
Year
2016
Pages
96
Catalog Number
V373683
ISBN (eBook)
9783668512467
ISBN (Book)
9783668512474
File size
807 KB
Language
English
Tags
Patentrecht, Patenttroll, Patent-Troll, Forschungsarbeit, Forschungsprojekt, Patentsystem, Patent, Wirtschaftswissenschaften, Economics, Business Sciences, Patent System, Patent Law, Patent Right, European Patent System, American Patent System, Containment Measures, Maßnahmen, Entität, Entity, Practicing Entity, Non-Practicing Entity, Research Work, Research Project, Research Study, Trolling Behavior, Trollverhalten, Troll, PatG, Patentgesetz, Gesetz, Recht, Deutsches Patentsystem, German Patent System, Europäisches Patentsystem, Amerikanisches Patentsystem, Legislativ, Exekutiv, Gerichtlich, Privatwirtschaftlich, Impact, Einfluss, Eindämmungsmaßnahme, Anfälligkeit, Legislative, Judicial, Executive, Private, Measures, AIA, American Invents Act, CPL, Compulsory Licensing, DPMA, Deutsches Patent- und Markenamt, EPA, Europäisches Patentamt, EPC, European Patent Convention, EPO, European Patent Organization, IP, Intellectual Property, Geistiges Eigentum, R&D
Quote paper
Joscha P. Bartmann (Author)Jonas M. Schulz (Author), 2016, Trolling behavior in the European and American patent system. The impact of regulatory and private containment measures on practicing and non-practicing entities, Munich, GRIN Verlag, https://www.grin.com/document/373683

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