IDEAS home Printed from https://ideas.repec.org/h/spr/sprchp/978-3-031-10310-0_7.html
   My bibliography  Save this book chapter

Patent Intermediaries and Litigation

In: Patent Intermediaries

Author

Listed:
  • Mario Benassi

    (University of Milan)

  • Miryam Martin-Sanchez

    (University of Milan
    Comillas Pontifical University-ICADE)

Abstract

Originally, patents were designed to foster innovation while ensuring profit for innovators. However, an alternative way to monetize patents has emerged in recent decades: the exploitative use of patents in litigation. This new business model for intermediation is exercised primarily by PAEs. Metaphorically, PAEs can be portrayed as farmers engaged in a continuous cycle of sowing and reaping. The first stage, or “sowing time,” encompasses the pre-enforcement activities in which PAEs engage, that is, the acquiring and monitoring process through which they identify potential patent infringers. The second stage, or “harvesting time,” includes either the set of activities related to enforcement and settlement or the alternative of enforcement and verdict (post-enforcement activities). This chapter first analyzes this new business model for intermediation and then examines why operating companies are more vulnerable than PAEs in court. The chapter concludes with the reasons for and implications of blurring the limits between opportunistic litigation and predatory infringement.

Suggested Citation

  • Mario Benassi & Miryam Martin-Sanchez, 2022. "Patent Intermediaries and Litigation," Springer Books, in: Patent Intermediaries, chapter 7, pages 157-183, Springer.
    • Handle: RePEc:spr:sprchp:978-3-031-10310-0_7
    DOI: 10.1007/978-3-031-10310-0_7
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:sprchp:978-3-031-10310-0_7. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.