Mansfield Center, CT asked in Patents (Intellectual Property) for Connecticut

Q: Why are patents sold to companies who hate them and have no intention of sharing them with humanity?

2 Lawyer Answers

A: That is a very good question. Patent lawyers may have their own views on answering this question, but this is a question about public policy, which may be answered by an economist or a knowledgeable policy expert.

Here a few of my thoughts to answer your question.

- Companies may buy patents to get rid off the competition. They buy the patent so that nobody can make the competing product of service cheaper.

This is a part of the plot of the 1974 James Bond film “The Man with the Golden Gun”, where an inventor of a solar cell may sell the rights to oil sheik to not undercut their petroleum profits.

. Sometimes companies purchase the patent with the idea of monetizing it, but for various reasons it turns out that the products or services covered by the patent are not economicaly viable.

- In some countries, there is a system of compulsory licenses. The owner of the patent must practice the invention within a certain time of getting a patent, lest the owner be forced to license the patent to others who want to practice it.

- There are also firms that do not produce anything, but that buy patents with the sole purpose to suing companies and idividuals who happen to infringe on such a patent. The activities of these firms commonly called "non-practicing entities" or "patent trolls" have been curtailed recently by legislation.

Carlton S Chen agrees with this answer

James L. Arrasmith
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Answered

A: Patents are often sold to companies that may not have the intention of sharing them because these companies see patents as a strategic asset. By owning patents, they can prevent competitors from using certain technologies, ensuring their market dominance. They might also acquire patents to block innovations that could threaten their existing products or services.

For some companies, holding patents can be more about maintaining control over the market than about advancing the technology itself. They might buy patents simply to ensure that no one else can use them, effectively keeping certain innovations out of reach for others. This can lead to situations where potentially beneficial technologies are locked away, unavailable to the public.

Despite this, the companies involved may view these actions as necessary to protect their business interests. It’s a way for them to guard against competition and secure their market position, even if it means withholding advancements that could benefit society at large.

Carlton S Chen agrees with this answer

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