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April 15, 2005

Post Grant Review For Trolling?

To answer the question of whether trolling is good or bad, David G. Barker has published TROLL OR NO TROLL? POLICING PATENT USAGE WITH AN OPEN POST-GRANT REVIEW. In this Duke Law & Technology Review article, he proposes any transfer of patent ownership be subject to government intervention. While I disagree with his position, I think the article is thoughtful and worth reading.

In December 2004, a mystery business, JGR Acquisitions Inc., purchased the patent portfolio of bankrupt Commerce One at auction. Commerce One had not previously enforced the acquired patents and many companies were using the patented technologies at the time of the auction. Patent watchdog groups argued that JGR--a potential patent troll formed solely to purchase Commerce One’s patents--should not be able to use the patents as a vehicle to extract licensing fees and that the patents should lapse into the public domain. Under current law, however, there is no provision for patents to be invalidated merely because they are used in a manner that discourages innovation. This iBrief argues that in order to keep patent trolls from stifling innovation and to protect legitimate patent holders, the Patent and Trademark Office should require an open post-grant review whenever patents are renewed or sold.



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Posted by Melody Wirz at 01:23 PM.
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Comments

To call David Barker's article on patent trolls thoughtful is generous.

David proposes a system that "would allow challenges to patent validity based on how a patent had been used".

David's assertions display a profound ignorance of economics, busines, and patent law with regard to the basic nature of patents as tradable commodities, an intrinsic aspect of the patent grant. Clearly the work of a law student with little real-world understanding or experience.

If the point is to lessen patent enforcement costs for all parties, expediting judicial processes is the right place to look, not turning patents into a mockery of property rights.

Posted by: PatentHawk [TypeKey Profile Page] at April 18, 2005 05:22 PM