There Are 250,000 Active Patents That Impact Smartphones; Representing One In Six Active Patents Today

from the patent-thicket dept

A few years back we created a graphic to highlight the ridiculous patent thicket around smartphones. It really just highlights some, though not all, of the litigation concerning patents related to smartphones. That image is a bit out of date, with some cases settled, others completed, and many more filed, of course. Note the lack of anything between Samsung and Apple for example. But, of course, patents in litigation are just one aspect of a patent thicket. Plenty of patents are used just to demand licensing fees, but are never actually used in litigation. And plenty of patents don't show up in litigation at all, but can still represent part of the problem of the thicket.

A new analysis shows just how insane the patent thicket is today. Done by "defensive" patent aggregator RPX (they try to position themselves as the "good" version of Intellectual Ventures), the estimate is that a stunning250,000 active patents today impact smartphones. 250,000. As the article notes that's one in six active patents today -- and for an industry that is certainly less than 1% of US GDP. As a comparison, the pharma industry, often put forth (inaccurately, in my opinion) as an area where patents make sense, has accounted for a little over 6% of US patents over the past 15 years. Also, there's this:

... in the pharmaceutical industry, there are approximately 46.8 patents per every 1,000 jobs, whereas in the computer and peripherals equipment sector, there are 277.5 patents per 1,000 jobs. Even the semiconductor industry, known for its highly complex products, has a patent/job ratio of 111.6 patents per 1,000 jobs -- approximately 40% the rate of patents to jobs as the computer and peripherals market.

It definitely appears that there's something of a "bubble" going on around smartphone patents -- which is what happens when you have a hot emerging area, combined with ridiculously broad patents. It also makes for an astounding minefield for anyone new who wants to enter the space, especially if you don't have a massive war chest to license or fight in court.

Filed Under: patent thicket, patents, smartphones