Journal article
Liquid patents
Denver University law review, Vol.84(1)
01 Sep 2006
Abstract
The current patent system is argued to be in a state of crisis. Although much recent criticism about the patent system has been leveled at so-called "patent trolls," another trend has emerged that may prove more enduring and potentially more troublesome. Patent holders have developed more systematized and strategic methods to obtain revenues from the patent system, building business plans around leveraging monetary value from what are called "liquid patents" herein. Recognizing that the patent right can be monetized into licensing fees and damages in an action for patent infringement, some entities have undertaken formalized programs to gather or acquire critical patents in particular fields. These practices are supported by patent rules of law, but are in contravention of the larger goals of the patent system. This work traces certain attributes that encourage liquid patent holders' strategies. Further, the paper proposes that the remedies provisions of the patent system should be modified to ensure that this practice does not harm innovation. In addition, the traditional antitrust protections for patent holders should be eliminated to prevent abuse and curb liquid patent holders' ability to block subsequent invention, innovation and the commercialization of ideas.
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Details
- Title
- Liquid patents
- Creators
- Amy L. Landers
- Publication Details
- Denver University law review, Vol.84(1)
- Publisher
- Denver Univ Law Rev
- Number of pages
- 68
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991021866425604721
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