특허괴물 논란: 신화와 그 실제

The activities of Non-Practicing Entities(hereafter “NPEs”) in U.S patent system is by-product of changes in structure of technology innovation and strengthening of patent infringement remedies. NPE takes various forms and even the assertive NPEs which are called generally “patent troll” varies in their business models, leading to the conflicting negative and affirmative views in the role of patent marketplace. But, assertive NPEs’ share based on software patent which is overbroad and has dubious value in patent infringement lawsuits are in continued increase and negative effects stand out more vividly in light of winning, validity settlement rate in infringement lawsuits. Behind this invigorate patent infringement lawsuits by assertive NPEs lies defects of software patents, absence of post-grant patent review,volatilities of jury trial in U.S. and there are some regulative movements are underway. In Korea, assertive NPEs will have no meaningful activities and this situation also means that patent system shows some faltering in its proper role, which require some urgent improves.