Patent Sharks

Category: WTO Sub-category: Intellectual Property
Document type: article

Most of the companies have more value tied up in their intangible assets (Patents and other Intellectual Property) than they have in their material assets. Different companies have different ways to manage these assets. So the companies can do any thing to protect their key patent. Recently technology companies are falling prey to Patent Sharks. Patent sharks are entities that intentionally profit from companies who inadvertently infringe on the sharks' IP rights. These company have no clue whether that patent ever existed because these sharks have hidden intellectual property and they surface only when a company unknowingly infringe on the sharks' right. These sharks then sue the victim company and make large profits out of it. They are like parasites that suck the money out of the company which can even lead to the shut down of the victim company. Though the patent sharks' activity is perfectly legal, manufacturers must understand that these patent sharks are extremely dangerous which can do major harm to a company.

Companies will have to go beyond relying on legal remedies. The companies will have to safeguard themselves from these sharks. These are the following ways by which companies can protect themselves from a major harm. Firstly technological companies maintaining huge patent portfolios for cross licensing should move away from this process because the irony is the patent sharks have no interest in exchanging technology, they rather look in for extracting profits out of the company. So companies should go in for prior art search which would save the companies from these patent sharks. Secondly, the companies must also make their technology flexible so that as soon as the shark attacks on the company, the company can change that particular module. Thirdly, the company should go in for mapping through which they can analyze those patents which are not of any use for the company. They can sell those patents to the companies who are in need of it which will not only help reduce burden for the company but will also help the company to make money out of it. Fourthly companies should go in for strategies like land scapping. This is a strategy through which the company can analyze the vacant area in which they can go in for patenting which would save the companies from patent trolling or patent sharks. Finally companies should stop flooding the patent offices from insignificant inventions.

The patent list is increasing day by day and one will have to make the first move for cutting down this increasing list otherwise it is quite clear that the patent shark will not leave them alone.


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