Get The Facts
Many Big Tech and other large corporations have determined that predatory infringement is good for business. They find it simpler to steal a patent owner’s idea than it is to get approval for the use of an invention. They know they can use their wealth, legal resources, and weakened patent laws to drag out legal proceedings until small inventors give up or go under.
To get away with this behavior more easily, they have created a story about so-called “Patent Trolls” that has obfuscated the real issues plaguing the patent system. They have perpetuated the notion that patent litigation is out of control, and that bad actors are abusing the patent system by maliciously suing innocent users of certain tech for patent infringement. In fact, the patent litigation rate has remained virtually constant—hovering around 1.5%—for decades. The Patent Troll story is false, but it has big money behind it. By spreading this false narrative, they have found support in the courts and in Congress for changes that have weakened patent rights—and inventors’ ability to protect their patented innovations.
So Why Do Corporations Infringe?
Why are these large corporations stealing ideas and patents? Why are they funding this campaign to make patent holders out to be the bad guy? Why are they trying to weaken patent protections in the U.S.? The answer is actually pretty simple.
To Kill Competition
Some corporations see patent owners as a competitive threat. They don’t want to let the next potentially disruptive idea come along and knock them off their market dominating position.
To Cut R&D Costs
It’s a shortcut. Instead of investing the time and resources to conduct R&D and innovate on their own, the corporation can take the inventor’s idea and jump right to manufacturing and selling.
To Increase Profit Margins
At the end of the day, predatory infringement helps these large corporations’ bottom line. Why pay to license someone else’s invention when they can just steal it? By infringing on a smaller company’s idea and taking it to market, they can kill the upstart competitor, grow their own market share and side-step costs.
How Can We Stop Them?
The STRONGER Patents Act was designed to help inventors by strengthening patent rights and providing certainty. What does the legislation do?
- Treats patents like any other property
- Permits injunctions to protect patent owners against infringement during and after court cases
- Ensures fairness in USPTO administrative proceedings, limiting repetitive and harassing challenges against inventors
- Ends diversion of patent application fees to other government spending
One of the bill’s original sponsors, former Representative Steve Stivers (R-OH) explains why he supports the legislation in this short video.