Assertion Is More Often Bought Than Built

Analysis of 6,500+ patent litigations over the past five years reveals that asserted patents are more likely to have been acquired on the secondary market than filed organically—and this pattern holds for both NPEs and operating companies.

Acquired vs Organic: Asserted vs Control

Approximately 55% of asserted patents were acquired, compared to just 38% of non-asserted control patents. The remaining 45% of asserted patents were organically filed, vs 62% of controls. Patents that end up in litigation are significantly more likely to have changed hands before assertion.

This Is Not Just NPE Behavior

Operating companies still assert acquired patents approximately 42% of the time. While NPEs are more acquisition-dependent, OpCos are far from purely organic asserters.

NPE Sourcing Patterns

NPE patent acquisitions skew heavily toward private-origin patents—from inventors, startups, and small holders. However, NPEs source from public companies about 29% of the time, slightly more than operating companies at 24%.

Public vs Private OpCo Buyers

Acquisition behavior splits sharply by buyer type. Public operating companies acquire from private and public sources at roughly equal rates. Private operating companies rely mostly on private-market channels—brokered deals, distressed assets, and startup portfolios—with much less activity in public transfers.

Strategic Implications

If you are treating patent acquisition as optional, you are probably leaving coverage on the table. Litigation is frequently driven by secondary-market portfolios, not purely organic invention. Acquisition should be a first-class strategy for filling gaps and building enforcement-ready positions.