Do Patent Trolls Discourage Innovation?

Lawyers tend to roll their eyes whenever a patent dispute is mentioned.

The process is lengthy, backlogged, tendious, and it seems no company can escape the claws of litigation. Motorola, Nokia, HTC, Apple, Google, Research In Motion (RIM), and Samsung are all currently involved in one or more patent lawsuits relating to their smartphones, according to John Tothill at Computing.co.uk.

Congress, itself, is entangled in the mess that is patent law, approving a complete overhaul of the system. Patents will soon be awarded based on a “first to file” rather than “first to invent” basis.

Proponents of this change, under the America Invents Act, argue that the bill will reconcile the U.S. patent system with patent legislation of other nations in Europe, as well as Japan. This would streamline the patent process for companies aiming to file patents in multiple countries.

But, are these patent laws and regulations preserving the true spirit of patent application in the first place? Maybe not if Google has its way.

Patents are intended to encourage innovation and invention. This way, a profit can be made on developing a good idea before giving free access to the rest of the business world.

So what happens when media mogul, Google, agrees to purchase Motorola Mobility for the use and legal access to its patents?

According to some, Google purchased Motorola Mobility soley to acquire its patents. It begs the question, should large monopolist companies be able to purchase good ideas just because they can afford to?

“It may be said that so-called “patent trolls”, or non-practising entities, which hold patents but do not themselves innovate or produce products, hinder the realisation of innovative products. However, again it may be debated whether the existence of such patent trolls discourages innovation,” writes John Tothill at Computing.co.uk.

Google’s acquisition of Motorola Mobility sends a message.

Technology startups and other companies should innovate and acquire their own patents. But knowing the caveat that, these days, large companies are trolling for savvy investments. And whether through litigation or purchase, one thing is clear: patents seem to be swiftly changing hands.

It’s a good time to be a small company with big (legally-backed) ideas.

-WB

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