Infringement declined globally from 2012 to 2019
For this report, NPE is defined as an independent legal organization which owns or benefits from patent rights but does not sell or manufacture goods or provide goods-related services. Using the Clarivate Darts-ipTM database of patent case law, this report showed that among the countries and regions where most of infringement cases are filed by NPEs between 2018-2023, the
This report showed that during 2012-2017, there was an undeniable trend of increasing patent validity challenges overall and of patent validity challenges filed against NPEs worldwide. While overall patent validity challenges slightly increased during 2018-2023, the number of patent validity challenges filed against NPEs worldwide slightly decreased.
Other key findings in the report include:
- Overall, infringement action filed by NPEs declined globally from 2012 to 2019. Starting in 2020, NPE infringement cases began to stabilize at around 2,000 per year.
- NPEs are well known for being active in Information and Communication Technologies (i.e. digital communication, telecommunications, computer technology and audio-visual technology). These technologies account for 64% of the patents asserted by NPEs in the
U.S. and for 74% of the patents asserted by NPEs in EU. - Patents belonging to NPEs are being invalidated at greater frequency than non-NPEs. This may indicate that the NPEs are facing patent quality challenges.
Learn more about NPE litigation worldwide trends here.
Methodology
For this report, we consider NPEs to be independent organizations (legal entities) which own or benefit from patent rights but do not sell or manufacture goods or services associated with them (i.e., non-operating companies) and which have an active (offensive) assertion or litigation role as plaintiffs towards the enforcement of their patent rights. Read our full methodology here.
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