Patent Troll (also "„patent hunters "“or "„Patentfreibeuter "“) is a devaluing name for persons or enterprises, who acquire patents, without wanting to ever use a patent at the basis the lying technical invention. The goal of the patent Trolle is to use the patent as such without making its own technical contribution. They avail themselves the patent law, in order also, the general business customs contrary-current - however formally legal means, royalties to take. It concerns frequently enterprises, which do not manufacture own products and whose staff recruits itself only from lawyers. Since many normal enterprises add themselves for purely defensive reasons patents with very broad requirements, the hour of the Patentfreibeuter strikes, if such enterprises become insolvent. Their trivial patents are then bought up and used. The term Patentfreibeuter of Intel at the beginning of the eighties was used for the first time.

Patent Trolle try to acquire as broadly as possible and vaguely formulated patents. Thus it is to be later possible to expand the patent since interesting ranges (Aquivalenztheorie in the patenting). With these patents participants, who make described inventions independent in the patents or use these techniques, in law cases are then entangled.

The most-discussed patent Troll was so far the California 1-Mann-Firma Eolas, which in the year 2003 the software producer Microsoft sued and firstrode 521 millions US $. In the summer 2004 the first instance decided to favour of Microsoft, Eolas went thereupon in appointment, who is procedure still openly, at the beginning of March 2005 became the case referred back from the industrial tribunal to the first instance.

See also

• Submarine patent
• Fear, Uncertainty and Doubt, on disconcertion of the customers aiming at marketing strategy

References

• In the gray area - sophistiated patent hunters squeeze American enterprises million-sums off. Now they come to Europe, 09/2005, the time

Articles in category "Patent Troll"

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• Who are the "Patent Trolls"
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