Abstract
In patent law, non-practicing entities (NPEs) are patent holders who do not practice their patented invention. In recent years, there has been concern over a particular type of NPE, the patent troll. Patent trolls are said to harm innovation because they do not come up with any new ideas themselves, but instead buy up patents cheaply, find potential infringers, and threaten litigation to receive large settlements or damage awards. Interestingly, the patent troll problem is considered to be primarily a problem in the United States. While comparisons have been made between the existence of patent trolls in the European Un-ion and the United States, there has yet to be a comparison between the United States and one of their closest neighbors, Canada. This note seeks to do just that, analyzing the patent systems of the United States and Canada to suggest that there are valuable lessons the United States can learn to combat the patent troll problem. First, the note explains that while the lack of patent trolls in Canada could be attributed to a difference in patent markets, the United States could still largely bene-fit from implementing a loser pays system and patent demand letter requirements. Next, the note explores the effect of stronger measures in the form of working requirements and compulsory licensing provisions. The note finds that while a stringent working requirement is likely not feasible in the United States, there should be compulsory li-censes available if a patent has not been worked for a certain number of years. These revisions would realign the United States Patent System with the goal of promoting innovation.
Recommended Citation
Megan Petras,
Reining in the Patent Troll: Lessons the United States can Learn from Its Northern Neighbors,
48 Loy. L.A. Int'l & Comp. L. Rev. 277
(2026).
Available at: https://digitalcommons.lmu.edu/ilr/vol48/iss2/2
