Patent Assertion and Startup Innovation

This report from the New America Foundation’s Open Technology Institute (OTI) examines the experiences of venture capital investors (VCs) and startups with patent assertion including dealing with assertions from patent “trolls” or non-practicing entities (NPEs). The report is authored by Professor Colleen Chien, Associate Professor of Law at Santa Clara Law, who is nationally known for her research and publications surrounding domestic and international patent law and policy issues.

The findings of the report offer a window into the experiences of venture capital investors and startup executives/managers from bio-tech, pharmaceutical, and technology sectors with patents and patent assertion. Additionally, the report includes “Views from the Trenches,” with testimonials from VCs, startup founders, and patent practitioners offering commentaries and personal stories of the unique challenges startups and other small businesses face in dealing with the patent system. Finally, the report describes existing and potential legislative, judicial, and market-based responses and recommends how they may be tailored to better meet the needs of startups and resource limited companies.

To access the full report, click here.

Specific sections of the report are available below:

• Executive Summary
• Findings
• Proposals and Observations
• Methodology
• Views from the Trenches: VC, Startup, and Small Business Stories
• Patent Defense Service Providers and Offerings
• Tactics To Responding To Patent Assertions