defensive patent

defensive patent

The legal rights to an invention that is created or purchased by an organization to fight, avoid or help settle a patent infringement lawsuit levied against it in the future. Contrast with the traditional purpose of a patent, which is to eliminate competition or make money from royalties.

Especially in the mobile computing arena, companies have armed themselves with defensive patents to be able to countersue as well as cross license inventions to avoid monetary damages. Since the turn of the century, billions have been spent for patents from companies that no longer need them. Hundreds of patents can be created for any product and cover trivial actions such as which direction a screen is swiped to unlock a device.
References in periodicals archive ?
All RPX patent litigation insurance products benefit from RPX's defensive patent acquisition service, proprietary data, and research, which enable RPX to effectively mitigate and insure patent troll risk.
Of course, to best understand the proper mix of offensive and defensive patent assets, one must have a clear idea as to what those terms mean.
He has also assisted clients in the development of offensive and defensive patent strategies by providing opinions of counsel and managing their patent portfolios.
We support our argument with a proposal for a new OIC patent license--the Defensive Patent License ("DPL").
Mitigation (and) defense tactics are diverse and include such activities as patent litigation risk-sharing arrangements, defensive patent aggregation, joint-defense arrangements, design around, clearance searches, opposition proceedings, patent watch, etc.
30) In a defensive patent strategy, a business method patent may be useful as a shield if the patent owner is sued and allegations are made that his or her patented system infringes upon an earlier patented system.
Such projects generally have no defensive patent portfolio of their own, no mechanism to pay royalty fees, and have smaller budgets.
Lerner predicted that while financial services firms have been loath to sue each other and are now building defensive patent portfolios, this stance might break down in the face of a difficult economy or a realization of the licensing value of their patent holdings.
But the rise of defensive patent aggregators shows that there is a rational and acceptable way to determine patent value--the open market.
Other organizations, both commercial and nonprofit, are working together to find new ways to work within the existing system, using such mechanisms as defensive patent pools, patent commons, and new licensing structures that give participants more or less free access to one another's technology in exchange for a promise not to file infringement claims.
Commitment to the future of open source software: Founded in 2005, OIN is a shared defensive patent pool with the mission of protecting Linux.