RIPL Comment Template

THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW LEVELING THE PATENT PLAYING FIELD PETER N. DETKIN ABSTRACT While large companies continue to thrive on pervasive technological advancements, small inventors have been limited by their inability to exploit their patents. Patent portfolio licensing created a pioneering way to increase the utility of patents; however, in practice this business model has typically favored powerful players in the technology industry. A new market has emerged based on innovative business models which favor small inventors. This market seeks to aggregate and distribute patents to companies that infringe on intellectual property or that want to draw on it as a source. By matching patent owners with patent users, this market may enable small inventors to have a greater stake in their technological efforts. Copyright © 2007 The John Marshall Law School Cite as Peter N. Detkin, Leveling the Patent Playing Field, 6 J. MARSHALL REV. INTELL. PROP. L. 636 (2007). LEVELING THE PATENT PLAYING FIELD *PETER N. DETKININTRODUCTION In the United States, as in most technologically advanced nations, patent 1licensing occurs within a system that is imbalanced in favor of the biggest players. Small companies and individuals have few good options for licensing their patents or 2developing their inventions without interference from infringers. In recent years, media headlines have drawn attention to the attempts ...