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 ?
In addition to accessing the defensive patent portfolio, the startup can also benefit from strategic consulting in developing and growing their own patent portfolios.
According to De Vries, patent eligibility developments are critical to in-house counsel's understanding of the strength of their own patent portfolios, developing defensive litigation positions for dealing with non-practicing and competitor assertions alike, and strategizing for pursuing and responding to both competitor and defensive patent assertions.
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.
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.
We support our argument with a proposal for a new OIC patent license--the Defensive Patent License ("DPL").
patent holders to use defensive patent filing strategies and patent
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.
The Commission' s main concern in this area is the tactic of defensive patent strategies.
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.
1991, at 8, 9 ("Having a strong offensive and defensive patent posture is usually enabled not by a single patent but by a patent portfolio.
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.