US Election Impact on Patent Pendulum

whitehouseThe presidential election in the United States may offer some hope for patent monetization advocates. The Obama administration’s fixation on the defendant side of the equation has undermined the predictability and returns from patents and patent monetization. This fixation has been inculcated by major tech companies lobbying efforts that have sought to paint all patent enforcement entities as trolls. This anti-troll perspective now permeates Congress, the courts and the Administration.

One hears over and over again that the “pendulum has swung too far” in the direction of protecting defendants and disabling plaintiffs in patent enforcement cases.

We do not know what a Trump administration’s position on patents would be. But we can guess what a Clinton administration’s position could be.

Clinton’s team seems more pro-Wall Street than pro-Tech company. Wall Street implies more support for patent monetization. In addition, John Podestra, the Clinton campaign manager, has been meeting with leaders in the IP community. And two past USPTO directors advise the campaign and hopefully this will lead to a more balanced perspective on the benefits of being able to predictably create and enforce patents for defensive and monetization reasons.

As Louis Carbonneau, Founder & CEO of Tangible IP wrote today, “Let’s hope that new blood in DC will help press the reset button and reestablish some trust with innovators that it is still worth for them to think big and that the legal system will still be there to protect them when they succeed and contribute to the economy.”

As a Patent Broker, the patent reforms of the last 8 years have been too slanted to the interests of major companies, and against the interests of inventors and patent enforcement entities. If Clinton wins then we can hope that the new administration will look at the balance of power in the patent world, and seek to rebalance a situation which is seriously tilted to the advantage of some over others.

Perhaps the Patent pendulum will swing back to center.


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