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Protecting Against Patent
Trolls & IP Litigation
Who Is Threatened by Patent Trolls?
•
•
•
•
•

Large corporations
Small businesses
Individuals
Government agencies and commissions
Consumers
Everyone is at risk.
What Can Businesses Do?
1. Design-around.
2. Pay the fee.
3. Fight it in court.
Design-Around
• Researching current patents granted with the help of
a law firm.
• Assess costs and possibilities of designing around the
current patent in play.
• Submit a patent that differs enough to be granted.
Paying the Fee
• Most patent trolls charge a pretty steep price, and
they will approach a business that is using their
patent design.
• It may be worth it if the technology is necessary to
your product or solution.
Fight in Court
• Litigation can be the most costly way to address
patent trolling.
HOWEVER
• More practicing businesses are winning against
patent trolls in court.
• Use it as a last resort. Small businesses have less
ability to absorb costs the way patent trolls do.
Waiting for Governmental Help
•
•
•
•

Changing from first-to-invent to first-to-file.
FTC engages patent trolls in litigation.
Patent trolls strike back.
Technological world awaiting some helpful
legislation.
Taking Patent Protection Global
Whether or not patent trolls are a global problem,
there are some ways to protect your IP out there:
• Getting accurate intellectual property translations.
• Be proactive and search out violators of your own
patents.

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Protecting Against Patent Trolls & IP Litigation

  • 2.
  • 3. Who Is Threatened by Patent Trolls? • • • • • Large corporations Small businesses Individuals Government agencies and commissions Consumers
  • 5. What Can Businesses Do? 1. Design-around. 2. Pay the fee. 3. Fight it in court.
  • 6.
  • 7. Design-Around • Researching current patents granted with the help of a law firm. • Assess costs and possibilities of designing around the current patent in play. • Submit a patent that differs enough to be granted.
  • 8. Paying the Fee • Most patent trolls charge a pretty steep price, and they will approach a business that is using their patent design. • It may be worth it if the technology is necessary to your product or solution.
  • 9.
  • 10. Fight in Court • Litigation can be the most costly way to address patent trolling. HOWEVER • More practicing businesses are winning against patent trolls in court. • Use it as a last resort. Small businesses have less ability to absorb costs the way patent trolls do.
  • 11. Waiting for Governmental Help • • • • Changing from first-to-invent to first-to-file. FTC engages patent trolls in litigation. Patent trolls strike back. Technological world awaiting some helpful legislation.
  • 12.
  • 13. Taking Patent Protection Global Whether or not patent trolls are a global problem, there are some ways to protect your IP out there: • Getting accurate intellectual property translations. • Be proactive and search out violators of your own patents.