NY A00380

Prohibits bad faith assertions of patent infringement where the person making the assertion is not engaging, has not engaged or attempted to engage, or does not intend to engage in the bona fide use of the patent in the production, development, licensing or commercialization of goods or services.

Introduced House Clyde Vanel (D)
Plain English Summary

New York Assembly Bill A00380 aims to prevent individuals or entities from making bad faith claims of patent infringement. Specifically, it targets those who assert patent infringement without engaging, having engaged, or intending to engage in the genuine use of the patent for producing, developing, licensing, or commercializing goods or services. The bill outlines criteria for identifying bad faith assertions and establishes penalties for such conduct.

Supporters Say

While specific media coverage on Bill A00380 is limited, similar legislation in other jurisdictions has been praised for protecting businesses from frivolous patent infringement claims, often referred to as 'patent trolling.' Such measures are seen as fostering innovation by reducing the burden of unwarranted legal threats.

Critics Say

Critics of similar legislation argue that it may inadvertently discourage legitimate patent holders from defending their rights, fearing penalties if their claims are deemed in bad faith. Concerns also exist about the potential for increased litigation to determine the intent behind patent assertions, potentially leading to legal ambiguities.

TheBillRoom is free and independent. No ads, no subscriptions, no political funding. If this analysis was useful, reader support keeps it running.
Support Us

About This Analysis

This summary was generated using AI from the bill's official text and metadata. Data sourced from LegiScan and the New York State Legislature. Conflict-of-interest analysis for this bill is coming soon.