Patent trolling: negative impact and need for protection

Abstract

Patenting of products, technologies and designs for manufacturers should be one of the key elements of the production process. Intellectual property and enterprise innovation are increasingly being the subject of illegal actions, so-called «Patent Trolling». The result of patent trolling for the manufacturer (importer) or seller can be unforeseen losses from litigation, product delays at the border, loss of foreign partners, loss of image and reputation.
As a result of the analysis made such a phenomenon as «Patent Trolling» and the need for patenting products was investigated. The key benefits of patenting for the manufacturer have been identified and characterized. Considered what is a patent and the rights granted by the patent to the owner. It is determined which result of intellectual and creative activity is subject to patenting. The state and tendencies of patenting in Ukraine are investigated. The peculiarities of the activity of patent trolls in the world and in Ukraine are analyzed and compared. The mechanism of patent troll’s activity in Ukraine and abroad is developed. The main reasons for the emergence of patent trolling in Ukraine are identified and ways to overcome it at the legislative level are formed. These measures will help the manufacturer to avoid patent trolling and minimize its impact on economic activity.
The patent gives the owner (manufacturer) the opportunity to single-handedly produce a unique product, take a leading position in the market, receive royalties, and protect products and reputation from the actions of unfair competitors and patent trolls. Patent trolling causes great damage to industry and the country. After all, with each case of patent trolling the country loses its image, investment attractiveness, foreign exporters and reduced imports of Ukrainian goods. The solution to this problem is possible if manufacturers (importers) will use the right to patent the product, as well as change the legislation on patenting products.