Defensive Patent

What Does Defensive Patent Mean?

A defensive patent is a patent that is used with the primary intention of defending a company against patent infringement lawsuits. This differs from more aggressive uses for patents, which can include generating royalties or preventing competition through legal action. A defensive patent can protect a patent holder by allowing it to countersue after a competitor sues for infringement – or even if the competitor sues for some other reason. A large collections of patents can also protect a company by deterring lawsuits altogether.

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Techopedia Explains Defensive Patent

Many tech companies use defensive patents as ammunition in infringement lawsuits. This strategy involves stockpiling a large number of patents to use as protection, in the event that a company is sued by a competitor. The use of patents as a defensive mechanism can involve several strategies, but essentially, they act as bargaining chips for case settlements. This may include:

  • A company being sued can use its own arsenal of patents to force a quick settlement
  • A company being sued can countersue with patents from its own collection
  • A portion of a company’s patent portfolio can be licensed as a form of settlement.

Some point to Google’s 2011 acquisition of Motorola Mobility as an example of patents being used in a defensive manner.

Weaponizing of patents is a term that describes when a company uses patents in a more agressive manner.

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Margaret Rouse

Margaret Rouse is an award-winning technical writer and teacher known for her ability to explain complex technical subjects to a non-technical, business audience. Over the past twenty years her explanations have appeared on TechTarget websites and she's been cited as an authority in articles by the New York Times, Time Magazine, USA Today, ZDNet, PC Magazine and Discovery Magazine.Margaret's idea of a fun day is helping IT and business professionals learn to speak each other’s highly specialized languages. If you have a suggestion for a new definition or how to improve a technical explanation, please email Margaret or contact her…