What is defensive patent aggregation

A defensive patent aggregation, commonly referred to as DPA, is the term given to the purchasing of patent rights for the purpose of deterring patent litigation situations. It is the opposite of offensive patent aggregation (OPA). To learn more on the relevant patent laws and defensive aggregation rules you are advised to seek professional consultancy.

Defensive patents explained

Defensive patent aggregation is used by persons to retain patent rights and prevent the patent from being monopolized by companies that would stop it from being used by other operating companies. It is useful where the patent owner wishes to license out their rights for the benefit of other companies without letting one large company buy the patent rights and thus prevent other third parties from using it.

A defensive patent is a registered patent however, it differs from regular patents due to its sole intention to build protection against litigation. Generally, they are registered with a view to generate royalties and protect your rights from misuse of competitors however, a defensive patent aims only to deter cases for court proceedings.

There are two main ways a defensive patent operates, and they are; allowing the holder of the patent to counter sue, and by preventing third parties from seeking patent registration with a similar or same patent.

There are several reasons to use defensive patent aggregation but most operating companies purchase defensive patents in the specialized area they operate in or technologies they develop to prevent litigation cases from other companies developing similar technologies.