There is a lot of talk in the media about patent “Trolls”.
The questions is: What is a patent “Troll?”
The media often focuses on “non practicing entities” as if there is something wrong with getting a patent and not making a product.
A main purpose of the U.S. patent system is to encourage inventors to come up with new concepts which can be used to improve our world.
If an inventor comes up with a new invention, describes it appropriately in a patent application, and is able to get a patent, then that inventor deserves to be compensated if someone makes, uses, or sells his or her invention.
It does not matter if the inventor physically makes the product.
It is difficult and expensive for an individual inventor with limited funds to get and maintain a patent.
It is difficult and expensive for an individual inventor to sue someone, even if that someone is clearly infringing the inventor’s patent.
For individual inventors, the process of patenting and enforcing a patent is often expensive, frustrating, speculative, and arduous.
Even after approval, patents are often invalidated, such as based on previously undiscovered prior art.
If an inventor comes up with a great idea for a product, patents that concept, and a big company literally and figuratively “steals ” that idea, then the inventor deserves and should receive compensation.
Inventors often put their lives into developing their concepts, but do not have the money to commercially mass produce and distribute a product.
In contrast, with a “blueprint” of a well described patent, it may be very easy for a large company with great resources to produce and distribute a patented product.
There may be “trolls” who file frivolous patent lawsuits.
However, an inventor who patents an invention and never makes a commercial product is NOT a “troll”; and that inventor deserves to be compensated for patent infringement.
If you have any questions regarding patents consult with a registered patent attorney, such as Walter J. Tencza, Jr., Esq., PATENTNOW.COM®.
Copyright 2014 Walter Jr. Tencza, Jr. , Esq., All Rights Reserved.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Jr. Tencza Jr. and Patentnow.com® cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
