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Immaterialgüter- und Wettbewerbsrecht

Patent Aggregation: More Than Patent Trolls

Christ, DominiquePatent Aggregation: More Than Patent Trolls Les Nouvelles LIV, 4 (2019) (gemeinsam mit Niccolo Galli, Cornelia Peuser).

Patent trolls are just a small piece of the patent aggregation puzzle. A myriad of electronics companies, with and without production capabilities, pursues patent aggregation by building patent portfolios and monetizing them beyond manufacturing. So far, it is unclear whether such patent aggregation activities have adverse effects on innovation. This article replaces the myopic discussion about patent trolls with a wider picture — that of patent aggregation. It analyses the rationales and evolution of this phenomenon, orders the domain of patent aggregators, and presents the effects patent aggregation activities can have on technological development. Only the interplay of patent and competition laws is considered apt to reconcile patent aggregation with innovation.

Also published at SSRN