Does the patent system protect innovators? Challenges for small firms in infringement litigation
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Typ
Examensarbete för masterexamen
Program
Management and economics of innovation (MPMEI), MSc
Publicerad
2022
Författare
Heurlin, Robert
Modellbyggare
Tidskriftstitel
ISSN
Volymtitel
Utgivare
Sammanfattning
A patent is a type of intellectual property right (IPR) that provides the patent holder the right
to exclude others from commercializing the patented invention. To maintain this right, the
patent holder must actively identify any infringements and enforce the patent. Enforcing
patents is expensive, and due to the legal and technological complexities involved patent
litigation is considered one of the most complex forms of civil litigation. Against this
background, there has been some previous research indicating that small firms might have a
disadvantage compared to large firms in patent litigation. This study investigates this issue in
detail, and aims to examine if and in what way small firms have a disadvantage compared to
larger firms in patent conflicts and identify potential causes to and consequences of the
disadvantage. The study complements previous research by providing insights from patent
attorneys, rather than only from small firms themselves. The data consists of rich interview
material from semi-structured interviews with 16 patent attorneys with significant experience
from Swedish patent cases. The findings indicate that small firms are at a disadvantage
compared to large firms in patent conflicts. The findings further highlight that the causes of the
disadvantage are not limited to only the litigation process itself but relate back to much earlier
stages in the patent process, already from the decision to get a patent. Overall, the disadvantage
is caused by attributes that are unique to small firms, rather than a fundamentally unjust patent
or litigation system. Specifically, the disadvantage is caused by economic constraints,
knowledge and resource constraints, and lack of foresight in small firms. Overall, the study
highlights the complexity of the issue and implies that a broader perspective than only focusing
on the litigation process is needed to remedy the problems small firms face.
Beskrivning
Ämne/nyckelord
patent, patent litigation, patent infringement, small firm, intellectual property, innovation.