Volume 19, Issue 4 (2015)                   CLR 2015, 19(4): 25-48 | Back to browse issues page

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Hajizadeh S, Jafarzadeh M. Patent misuse by patent troll. CLR 2015; 19 (4) :25-48
URL: http://clr.modares.ac.ir/article-20-3517-en.html
1- Shahid Beheshti university
2- Shahid beheshti university
Abstract:   (9586 Views)
Patent troll is a non-practicing entity in domain of inventions which obtain patent ownership without any intention of using it. Patent trolls buy their favored invention and waiting for its infringement from other companies. After infringement and commercializing of the patent, in order to transfer license and its royalty, patent trolls threat companies with litigation. These entities initially were formed and have their central core in United States due to the traits of American system of inventions. Although some lawyers believe that trolls are useful by increasing inventors' motivation and providing capital for them, they have also some negative effects. These drawbacks force legislators and judicial system to pass new legislations and to introduce new ways of redress in related disputes, in order to decreasing or limiting patent trolls activities.
In this paper, the concept of patent trolls is defined and explained and its positive and negative effects are illustrated.
     

Received: 2014/06/28 | Accepted: 2016/02/20 | Published: 2016/04/18

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