Sharon Kuriakose, Christ (Deemed to be University), Bangalore
ABSTRACT
Patent trolling, primarily driven by non-practicing entities, is becoming increasingly crucial in stymied innovation and distorting competitive dynamics. Patents are bought not for their products to manufacture or invent around them but for litigation to collect licensing fees and settlements. This practice is rampant in the high-tech and pharmaceutical industries. It typically hurts start-ups and small to medium-sized enterprises more since they do not have the resources to withstand heavy lawsuits. The paper will discuss the legal frameworks and case studies in the United States and India while also evaluating the existing mechanisms designed to limit the influence of patent trolls, coupled with proposals for potential reforms that could ensure a competitive marketplace fostering innovation.
Keywords: Patent trolling, Non-practising entities, small to medium enterprises (SMEs), NPEs
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