‘Patent trolls’ cost tech companies $500 billion, kill innovation

Legal

According to The Private and Social Costs of Patent Trolls, a new study published by the Boston University School of Law, patent trolls are responsible for $500 billion of “lost wealth” between 1990 and 2010, and for a decline in innovation. The study defines patents trolls as “firms that license patents without producing goods,” otherwise known as non-practicing entities. The researchers have found patent trolls, typically smaller firms, often sue large companies for technology patent infringement to make a quick buck. The lawsuits have resulted in an average of $80 billion of lost wealth per year during the last four years. Read on for more.

“To the extent that this litigation represents an unavoidable business cost to technology developers, it reduces the profits that these firms make on their technology investments,” the researchers explained. “Studies show that the more a firm spends on R&D, the more it is likely to be sued.” Software patents are often targeted most due to “fuzzy boundaries,” and even though the larger firms are often found not guilty of infringement, they have to “anticipate the risk of future lawsuit-related losses as part of their cost of developing new technology and products,” which, the researchers argue, is a disincentive to innovate.

The Private and Social Costs of Patent Trolls argues that patent trolls push firms to purchase “vague, over-reaching patents” instead of innovating — at least now we know why there are so many ongoing tech acquisitions.

[Via Ars Technica]

Read [PDF]

26 Comments
  • http://twitter.com/JRHunterDeuling J R Hunter Deuling

    Interesting, the only company in the news lately using patents as weapons of mass destruction is Apple.  Do not see many other companies out there.  So is it Apple costing developers or others.  Interesting.  Because Apple is really good at stealing developers work and making it their own.  

    • http://www.facebook.com/profile.php?id=783115159 Калоян Лъчезаров

      Interesting that you completely missed the meaning of ‘patent troll’ which is described very well in the article – a “non-practicing entity”.

      Apple only sues about things they have in their products, and they hold patents for.

      Nice try at trolling, though.

      • Anonymous

        Actually..Apple does have a bunch of things patented that they don’t use and get licensing fees from other companies…Its just not part of the recent lawsuits we are hearing about..

        That said, patent trolls sue daily, they just don’t make the news as often…go down to that city in Texas where they all sue cause the judge there “loves” patents.

      • Anonymous

        Ah yes, the East Texas rocket docket.

      • Anonymous

        A lot of patents Apple has been suing over are obscure ones they received in the 90′s and earlier, and have been suing for years, not just recently. Some of which they have begun utilizing something similar in recent products, a decade after the fact, and likely made the products themselves not knowing they held a patent for similar tech. Apple still holds tons that they do not use, and sue over them.

        Though I agree, they don’t fit the definition of patent troll, but they could easily spin off their patent trolling business.

      • http://profiles.google.com/jshurak Jeff Shurak

        whether they fall under definition or not, their actions to sue result in the same exact thing

    • Anonymous

      Apple doesn’t meet the definition of a patent troll in any way. They are suing the hell out of Samsung, and one could perhaps make the argument that they’re litigating instead of innovating… but this article has nothing to do with Apple.

      Hurts, but it’s true.

      • Booboolala2000

        Apple has sued against other companies with patents they weren’t currently using. Sobues Apple=Patent Troll.

      • Anonymous

        It’s almost like you didn’t read the definition of what a patent troll is. Could you say that Apple is abusing the patent system? The argument could certainly be made; as a matter of fact, I agree with it.

        But they are not patent trolls. Patent trolls don’t make anything, for the purposes of this study. They just get incredibly vague patents and sue people.

    • Anonymous

      Still can’t believe it I just got a 827.89 iP ad2 for only 103.37 and my mom got a 1499.99 HTV for only 251.92, they are both coming tomorrow bu US PS. I would be an idiot to ever pay full retail prîces at places like Walmart or Bestbuy. I sold a 37″ HTV to my boss for 600 that I only paid 78.24 for. I use jmb.tw/52bf

    • Matthew Barchers

      The patent troll stories are so boring, usually, that there’s little to no news coverage. It’s usually a small company no one’s ever heard of suing a slightly larger company that only a few people have heard of, and local news outlets seem to consider them small-time, isolated incidents not worth giving that much coverage to. 

      Apple’s always in the news because they’re a huge company that everyone has heard of, doing things with other large companies that many people have heard of. Makes for better copy. 

  • http://profiles.google.com/jshurak Jeff Shurak

    HHHHMMMMMMMMMM

  • Haha

    Which one of those trolls is apple and which one is microsoft?

  • Anonymous

    Such articles often forget the economic benefit of “patent troll”. When start-ups fail, their investors, which is often their employees, can recover some capital by selling off their IP to patent licensing companies. 

  • Anonymous

    Guaranteed. Samsung is responsible for Well of 50% of that 500 billion. They are the worse trolls on the planet.  true story™©®

  • animatrix999

    Apple is just a sad company who steal other people ideas and den claim its their own…..
    So disgusting…

  • Anonymous

    Lodsys

  • Sweet James Jones

    The problem is not the troll, its the existence of vague patents. The patent department needs to do a better job.

    If you truly invent something of value, then you should benefit from it. You took the steps to get a patent on your original idea.  Lets not forget, applying for a patent is a way of protecting your businesses proprietary information from being stolen.

    If you don’t have the economies of scale to bring your idea to the market, you shouldn’t be punished. If the company you are suing needs to use it, then you should be rewarded. If it has no value to them, then they can choose not to use it and not pay you.

  • Milan Danrel

    If someone creates and invention and receives a patent they are free to use ( or not use ) it as they
    wish. Keep patent protection to 5 years maximum and you’ll start seeing companies innovate more,
    and hire more.

    • Booboolala2000

      I nearby patent the idea of posting comments on a blog. Suits to follow.

      • Anonymous

        Boob – you “nearby” or “hereby”?  I take it no suits to follow because you “nearby”.

  • Anonymous

    These companies can be called “Trolls” or any other name, but I don’t buy it! Bottom line is they created a patent!  So what if they don’t mass produce thier idea!  So what!  If another company wants to use that design then pay for it!  Period!  Buy the company.  The way I see it the larger companies are the lazy ones.  They don’t innovate, they wait until the smaller companies create something then they try to steal it!  If larger companies were being innovative then there wouldn’t be such a thing as a patent troll.  Think about it?  Really, think about it.

  • John Smith

    There’s a fine line between inovation and stealing of ones ideas for profit…   

    I’m not honestly sure how/where they can draw the line…

    This is a fanboy of TECHNOLOGY…  Not a particular operating system.

  • Anonymous

    Apple is the tall troll & M$ is the little troll. But Apple is the only company that sues almost every single mobile company in the industry. And they dont care who they sue or how much money they use for their lawyers. And the lawyers is the only one laking money from these law suits. As long Apple is on top they dont want to take any chance loosing the #1 spot.

  • Anonymous

    90% of patents today should never be issued because they violate the rule that innovations obvious to workers skilled in a profession are trivial. Invent a new storage medium and somebody patents a way to use it to broadcast data. Trivial.

  • Marc

    I find these companies an absolute travesty to our development industry, a software patent should only be available to those companies actually creating the software and not these uninventive and uncreative companies that cost us Billions.  The goverment needs to review the laws on software patents and put a timeline on when a company has to produce what they are providing as a patent otherwise they forfit the patent.

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