Description

Patent trolls are stifling innovation.

Using overbroad patents based on dated technology, trolls threaten litigation and bring infringement suits against inventors. Trolls, also known as Non-Practicing Entities (“NPEs”), typically do not produce products or services, but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering.

Watkins calls attention to this problem and the challenges it poses to maintaining a robust rate of technologically progress. He also examines a more fundamental problem: an outmoded patent system that is fundamentally ill suited for the modern economy. Finally, he examines proposals for reforming the patent system.

About the author(s)

William J. Watkins, Jr. is a Research Fellow at the Independent Institute and author of the book Crossroads for Liberty: Recovering the Anti-Federalist Values of America's First Constitution. He received his B.A. in history and German summa cum laude from Clemson University and his J.D. cum laude from the University of South Carolina School of Law, and his LL.M. with merit from the University of London. Mr. Watkins is a former law clerk to Judge William B. Traxler, Jr., of the U.S. Court of Appeals for the Fourth Circuit, and he is President of the Greenville, SC, Lawyers Chapter of the Federalist Society. He has served as a prosecutor and defense lawyer, and has practiced in various state and federal courts. He lives in Logan, Utah.

William F. Shughart II is Distinguished Research Advisor and Senior Fellow at the Independent Institute, the J. Fish Smith Professor in Public Choice in the Jon M. Huntsman School of Business at Utah State University, past President and Distinguished Fellow of the Southern Economic Association, and past President of the Public Choice Society. A former economist at the Federal Trade Commission, Professor Shughart received his Ph.D. in economics from Texas A & M University, and he has taught at George Mason University, Clemson University, University of Mississippi, and the University of Arizona.

Reviews

“In Patent Trolls, William J. Watkins, Jr. explores the socially unproductive, albeit privately profitable, activities of firms that produce nothing but litigation. Watkins has produced a readable and forceful indictment of this exploitation of the patent system.”

Roger D. Blair, Walter J. Matherly Professor of Economics, Warrington College of Business Administration, University of Florida

“In Patent Trolls, William Watkins provides a thorough, yet surprisingly concise and readable, description of one of the most serious problems facing technological innovators: patent litigation and patent trolls. Thoroughly researched and documented, this book should be read by all who are concerned about the decline in America's competitiveness in the world market."

Alex Kozinski, Chief Judge, U.S. Court of Appeals for the Ninth Circuit

“Williams Watkins, Jr.’s Patent Trolls makes a powerful and urgent case for patent reform. Instead of fostering innovation, the current regime encourages legal artifice and extortion. Watkins' proposals for common sense reforms should be the starting point for this vital national discussion for change.”

Philip K. Howard, Founder and Chairman, Common Good; author, The Death of Common Sense: How Law is Suffocating America and Life Without Lawyers: Restoring Responsibility in America

“Patents are supposed to reward innovators but too often they reward dubious legal innovations and rent-seeking schemes. In the well-written monograph, Patent Trolls, William Watkins examines patent trolls, the laws and practices that give them power, and their effect on innovation. Watkins offers cogent advice on how the trolls may be tamed.”

Alexander T. Tabarrok, Associate Professor of Economics, George Mason University

More Intellectual Property

More Law

More National

More Political Science