Patent Hacking

Topic

A strategy where companies, particularly in China, analyze a filed patent to reverse-engineer a similar chemical structure that behaves similarly but falls outside the patent's legal scope. This is a significant threat to biotech innovation.


First Mentioned

9/29/2025, 5:01:46 AM

Last Updated

9/29/2025, 5:07:42 AM

Research Retrieved

9/29/2025, 5:07:42 AM

Summary

Patent hacking, particularly in the pharmaceutical industry, describes a strategy that exploits legal and regulatory frameworks, such as the America Invents Act, to challenge or circumvent existing patents. This tactic is a significant concern for companies like Eli Lilly, as articulated by CEO Dave Ricks, especially within the rapidly expanding market for GLP-1 drugs used for diabetes and weight loss, where it is considered a major market headwind alongside issues like counterfeit products. This concept is distinct from "Google hacking" or "Google dorking," which is a cybersecurity technique. More broadly, the term "hacking the patent system" also refers to efforts by organizations like Patent Hacks®, ENGINE, and EFF to simplify the patent process for inventors or to find alternative licensing models (e.g., defensive aggregators, patent pledges) to navigate a complex patent landscape.

Referenced in 1 Document
Research Data
Extracted Attributes
  • Contrasted Concept

    Google hacking (cybersecurity technique)

  • Primary Industry Context

    Pharmaceuticals

  • Legal Framework Referenced

    America Invents Act

  • Impact (Pharmaceutical Industry)

    Significant market headwind, particularly for GLP-1 drugs.

  • Definition (Pharmaceutical Industry)

    A strategy leveraging legal and regulatory frameworks (e.g., America Invents Act) to challenge or circumvent existing patents.

  • Broader Interpretation (for inventors/startups)

    Finding simpler, more affordable ways for inventors to earn patents or alternative licensing models (defensive aggregators, patent pledges) to navigate a complex patent system.

Timeline
  • Original 'Hacking the Patent System' white paper released by ENGINE, EFF, and Stanford Law School. (Source: web_search_results)

    2014

  • Expanded edition of 'Hacking the Patent System' white paper released. (Source: web_search_results)

    2016-01

Google hacking

Google hacking, also named Google dorking, is a hacker technique that uses Google Search and other Google applications to find security holes in the configuration and computer code that websites are using.

Web Search Results
  • About - Patent Hacks®

    The Patent Hacks® mission is to make it simpler and more affordable for everyday inventors, entrepreneurs, students, and small businesses to earn patents. We want to share our industry knowledge with everyone to revolutionize how the everyday inventor looks at patents. We think it is important to even the playing field in the patent industry to give you the same power as major corporations. That’s why Patent Hacks® provides a cost-effective, simplified, and time-saving platform that teaches you [...] Each of our executives has worked in the patent industry as USPTO patent examiners, and they bring a unique skill set and understanding of the patenting process. We have experienced the patent industry from both ends of the spectrum, as inventors and patent professionals. We have endured many of the same difficulties you have, and that’s why we created Patent Hacks®. Patent Hacks® was born out of our desire to create a cost-effective, simplified, and comprehensive platform to make it possible [...] Disclaimer: Communications between you and Patent Hacks are protected by our Privacy Policy but not by the attorney-client privilege or as work product. Patent Hacks provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. We

  • Hacking the Patent System — ENGINE

    promote open innovation and protect the companies themselves. These patent system hacks can be organized into two broad categories: (1) defensive patent aggregators, which pool member companies’ resources to defensively purchase patents for the group and to fight patent trolls, and (2) patent pledges, whereby companies opt to openly and defensively license their patents to others.” [...] “The traditional model of patent licensing—whereby a company pays a patent owner to license an invention that the company legitimately uses—has been hijacked by non-practicing entities (“patent trolls”) and other aggressive patent holders who assert overbroad patents that never should have been granted in the first place. Within this broken patent regime, companies are increasingly hacking the system—that is, finding alternatives to the traditional patent licensing model in order to both [...] So, together with EFF and OIN, we’re releasing a white paper prepared by Marta Belcher and John Casey from the Juelsgaard Intellectual Property Clinic at Stanford Law School. The paper is for startups and small businesses that want to understand some of their non-traditional licensing options. As we say in the paper:

  • So You Want to Hack the Patent System — ENGINE

    That all might take awhile. In the meantime, there are things that startups can do to navigate a broken patent system without hiring an expensive patent lawyer or even filing for a patent itself. We lay out some of those options here in an updated version of our Hacking the Patent System white paper, originally released in 2014. The paper takes a deep dive into alternative patent licenses: specifically, patent aggregators, patent pledges, and (new this year!) patent insurance. [...] # ENGINE ENGINE So You Want to Hack the Patent System # So You Want to Hack the Patent System Are you a startup or inventor wondering what to do about our broken patent system? Want to know what your options are? Check out Hacking the Patent System, an updated white paper published in partnership with EFF and students from the Juelsgaard Intellectual Property Clinic at Stanford Law School.

  • Home - Patent Hacks®

    The Patent Hacks™ Learning Center is an all-in-one tool that walks you through the entire patent application process. ## START WITH THE BASICS ## Why is a Patent Important? ### Protect Intellectual Property ### Patent Pending ### Licensing and Resale ### Block Competition ### Create Legitimacy ### Establish A Priority Date ## THE PATENT HACKS® PROCESS ## Steps To Take #### STEP 1 #### Sign up Sign up to gain access to the Patent Hacks® Learning Center. #### STEP 2 [...] We teach you how to navigate every step of the patent application process with 50+ step-by-step guides, 30+ templates, and 500+ real-life examples. ## Unlimited Possibilities Learn how to perfect repeatable patenting processes so you can create unlimited patent applications on your own instead of spending $20,000+ per patent application. ## What We Do The Patent Hacks™ Learning Center is an all-in-one tool that walks you through the entire patent application process. ## Description Text [...] Disclaimer: Communications between you and Patent Hacks are protected by our Privacy Policy but not by the attorney-client privilege or as work product. Patent Hacks provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. We

  • Hacking the Patent System: A Guide to Alternative Patent Licensing ...

    navigate the patent system while promoting openness and innovation. [...] ## Search form ## Search form # Hacking the Patent System: A Guide to Alternative Patent Licensing for Innovators # Hacking the Patent System: A Guide to Alternative Patent Licensing for Innovators Update (January 2016): There’s a new, expanded edition of Hacking the Patent System for 2016. [...] ## About ## Issues ## Updates ## Press ## Donate