Patents grant any inventor or idea holder exclusive rights to their invention. Patents prevent third parties from using, producing, or reproducing the invention that you own.
Patent application has become increasingly crucial for inventors day by day. It serves as an important protection option for the smooth implementation of technological advancements. This document provides exclusive rights to the inventor. Furthermore, patents play a significant role in the research and development (R&D) phase and commercialization of inventions. One of the most important aspects of patents is the concept of patent trolling.
So, what is patent trolling, and is it harmful? You can find the answers to these questions in the continuation of our article.
The number of inventions and ideas protected by patents worldwide exceeds millions. In such cases, it is challenging to come up with a unique and creative product. Many companies encounter issues like patent barriers when developing products. Especially after the completion of production, facing a patent barrier during the sales and marketing processes can result in significant financial losses.
When a company obtains a patent for a product, that product is legally protected. Therefore, if any other company uses this product, they may face substantial compensation claims. Consequently, new methods and solutions should be implemented to overcome patent barriers. Patent trolling is one of the best solutions found to eliminate this issue. Companies can resolve patent barriers by seeking the expertise of a specialized patent attorney. Additionally, they can attempt to develop solutions through research and development (R&D) efforts. However, there are situations where neither of these methods works. In such cases, patent trolling can be the most effective solution. The TRIZ methodology is frequently utilized in this approach.
The methodology used for inventing with patents is referred to as the TRIZ (Theory of Inventive Problem Solving) methodology. It is particularly prevalent in the context of patent trolling. This methodology can be applied with the assistance of engineers.
When filing a patent application, the aspects that distinguish the invention from existing ones should be addressed effectively. TRIZ can be utilized to navigate around existing patents and to take advanced steps in the field of patents. Patent trolling can be described as an efficient process conducted by patent engineers.
One of the commonly asked questions by companies is whether the process of patent trolling is harmful or not. When done correctly, patent trolling does not harm companies.
It should be noted that these processes should be carried out by expert engineers. Following patent research, all elements that could potentially lead to infringement should be thoroughly examined. The product or design in question should not contain any features that could cause infringement. If an erroneous patent trolling process occurs, patent infringement becomes inevitable, which can lead to companies paying significant compensation.
Before a company initiates a new product development project, it should first determine whether it will potentially cause any intellectual property infringement. At this point, all elements and details that will constitute the product should be conceptually defined. The product design team can identify patents related to the subsystems they intend to apply to the product in such cases. In these situations, the issue of patent trolling comes into play.
Patent trolling can be described as redesigning a product in a way that avoids patent infringement. When done carefully, patent trolling can offer significant advantages. However, during this process, it is crucial not to incorporate elements specified in the patent claim set into the new product. In other words, all elements that could potentially lead to infringement must be completely altered. Additionally, it should be evaluated whether the modified elements, under the doctrine of equivalents, still infringe on the patent. Without this assessment, the new product may still cause a different infringement under the doctrine of equivalents. To ensure that the patent application is filed correctly and proceeds smoothly, the resulting product must not mimic a patented product in any way. In case of imitation, intellectual property rights will come into play, and your product may not obtain a patent, or if it does, it could face significant legal disputes.
To take advantage of patent trolling, it's important to have a skilled patent engineer. If the resulting product doesn't infringe on any patents, the company can potentially generate substantial financial gains.
Patent trolling can have negative consequences, especially when done incorrectly. If the new products created still include key elements from the patent claims, it can lead to a different patent infringement issue. Failure to evaluate the infringing elements objectively can result in unfavorable outcomes from patent trolling efforts. Additionally, the modified elements should be reevaluated under the patent doctrine of equivalents. Failure to do so may prevent you from determining whether or not any patent infringement has occurred, potentially leading to serious patent infringement issues.
