| I agree that the term NPE is a misnomer. I disagree that there's no difference between patent holders. No single behavior makes a patent holder a troll, but a combination of behaviors do. Good: A patent holder partners with licensees to produce their invention.
Bad: A patent holder waits until somebody produces their invention to sue them. Good: A patent holder tries to get their invention produced.
Bad: A patent holder takes no steps to get their invention produced. Good: A patent holder sues for infringement that does not discourage going to court.
Bad: A patent holder threatens to sue under conditions that make going to court pointless. Good: A patent holder is the inventor.
Suspicious: A patent holder bought the patent from the inventor. Good: A patent holder takes the necessary steps to make their patent known.
Bad: A patent holder exploits the system to hide their patent as much as possible (submarine patents) Good: A patent represents a suitably complex/worthy invention with a clear and narrow definition.
Bad: A patent is overly broad and claims a trivial invention. A good patent/patent holder will never fulfill all bad criteria listed above. However a patent troll will always fill all the bad criteria for obvious reasons. |