To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, with startup companies doing poorly when it comes to Alice-related patent eligibility matters, and individual inventors doing even worse. Their abstract summarizes their findings thusly: “Most surprisingly we find that the entities most likely to lose their patents at this stage are not patent trolls but individual inventors and inventor-started companies,” Lemley and Zyontz write. “As biotech worries about deterrence of new innovation and software worries about patent trolls dominate the debates, we may be ignoring some of the most important effects of Alice.”
Study Suggests Individuals and Startups More Likely to Face Invalidly under Alice
No Comments
Patent
- Enablement
- Fee Shifting
- Litigation
- The Right Choice: IP Stakeholders Emphasize Practical Experience, Strong IP Advocacy in Next USPTO Head
- USPTO Responds to Patent Bar Gender Gap Inquiry, Mulls Changes to Registration Process
- How Patents Enable Mavericks and Challenge Incumbents
- ipAwarenessAssessment: Inventors and Business Owners Should Start Their IP Journey with this USPTO-NIST Tool
- Other Barks & Bites for Friday, January 22: Iancu and Peter Step Down from USPTO, CJEU Asked Whether Preliminary Injunction Standard Burdens Patent Owners, SCOTUS Denial Leaves Invalidation of Idenix Genus Patent Claims Untouched
Recent Posts
- The Right Choice: IP Stakeholders Emphasize Practical Experience, Strong IP Advocacy in Next USPTO Head
- USPTO Responds to Patent Bar Gender Gap Inquiry, Mulls Changes to Registration Process
- How Patents Enable Mavericks and Challenge Incumbents
- ipAwarenessAssessment: Inventors and Business Owners Should Start Their IP Journey with this USPTO-NIST Tool
- Other Barks & Bites for Friday, January 22: Iancu and Peter Step Down from USPTO, CJEU Asked Whether Preliminary Injunction Standard Burdens Patent Owners, SCOTUS Denial Leaves Invalidation of Idenix Genus Patent Claims Untouched