Patents are supposed to provide the right to exclude others from practicing an invention. In the United States, this has become extremely challenging for smaller businesses. For independent inventors, who pour their time, energy, and resources into commercializing a new idea, patents are personal. They need and rely on the leverage that patents have historically offered. For large companies, the decision to forge ahead irrespective of who “owns” an idea is just business. The consequences of efficient infringement are few and far between. The challenges faced by U.S. inventors who rely on the legal system are well-documented. Suing for patent infringement is not a reliable business strategy, even when willful infringement is found to have occurred, which is rare. What’s an innovator to do?
Recent Posts
- Other Barks & Bites for Friday, July 26: New Group Registration for Frequently Updated News Websites, Trade Secret Claims Against TikTok Survive Dismissal, and USPTO’s Estoppel Provisions in IPR Proceedings Upheld
- Call Off Chicken Little: The Sky is Not Falling for Skinny Labeling After GSK v. Teva
- CAFC Committee Recommends Another Year of Sanctions Against Newman
- Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers
- CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination