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Patent Trolls and Maintenance Fees

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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2 Responses

  1. AndyK says:

    Should fees be tied to the potential marketability of an invention / potential litigation exposure?

    If the concern is “trolling,” i.e. illegitimate licensing / infringement claims, one would think the fees should be scalable with the exposure. If you’re trolling with big potential exposure, you’re a bigger systemic problem.

    This also solves the inequity problem, the regressive nature of a patent fee. Small inventors with small inventions are adversely affected by fee hikes, and the big guys get off easier.

    Any discussion here should try to make sure that policy changes aren’t just benefiting Big Internet at the expense of “the little guy” inventor.

  2. Very creative way to deal with this problem through maintenance fees. I am not a patent attorney but found the problem and solution you proffer very thought provoking and instructive. Thanks.