Patent assertion entities: do they impede innovation and technology commercialisation?

This article focuses on addressing a primary charge levelled against patent assertion entities (PAEs): that they impede innovation and technology commercialisation activities of US firms. The paper utilises an intellectual property (IP) strategy framework within the construct of a firm business model to delineate PAE typologies, and then evaluates how they 'fit' with either a framework for the protection of IP assets or the exploitation of IP assets. The PAE business model operates under neither an IP asset protection nor IP asset exploitation strategy, but its own IP monetisation strategy. Moreover, a review of recent research on the proliferation and economic impact of PAEs is undertaken, with the overwhelming empirical evidence showing that PAEs are having an adverse impact on innovation and technology commercialisation activities of US firms. Potential patent policy reforms and emerging marketplace options are identified for enhancing a business environment conducive to successful technology innovation and commercialisation.