• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind

2

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

3

Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem

1

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind

2

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

3

Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
Entrepreneurship

How Licenses and Patent Trolls Are Choking Entrepreneurship in America

By
Jeremy Quittner
Jeremy Quittner
Down Arrow Button Icon
By
Jeremy Quittner
Jeremy Quittner
Down Arrow Button Icon
July 13, 2016, 3:41 PM ET
169277457
WIN-Initiative Getty Images
Add Fortune on Google for similar content.

It’s easy to get carried away by the excitement about new companies that seemingly reshape the way the economy works, almost on a daily basis. Particularly in the tech world, so called disruptors are everywhere, including the ride-sharing company Uber, whose $62 billion price tag makes it the most highly valued startup of all time, and Airbnb, which has essentially turned the world into a gigantic hotel.

But such companies are increasingly in the minority, according to a new policy brief, out Wednesday, from the Kauffman Foundation. In fact, innovation and entrepreneurship has been on a steady decline for the last 40 years, and the U.S. has ultimately become less competitive as large companies take a greater share of profits in their respective industries, and roughly as many small companies go out of business as start up annually. One particularly telling statistic: Nearly 60% of U.S. employees now work for firms founded before 1980, Kauffman says.

“There are fewer younger companies in the economy today,” says Jason Wiens, a policy and research director for Kauffman.

Kauffman proposes some fixes, however. Among them, are restricting occupational licensing, which has been on the rise for years. Licensing, which varies according to state, often requires business owners to take classes, pass tests, or pay fees before they can open a business. And while licensing does help protect consumers when applied correctly, increasingly it’s being used by established businesses to keep out new competitors from entering the market, Wiens says.

 

Existing state regulations could work as a stand-in for licensing for industries that are of concern, Wiens says.

New businesses would also benefit from limiting the scope of patents that have become too broad. In recent years, non-practicing entities, sometimes referred to as patent trolls, have run amok, wreaking havoc on young tech and software companies. Patent trolls are typically shell companies that buy up expired or soon-to-be expired patents, and then claim infringement by new companies. Such lawsuits have cost startups half-a-trillion dollars since 1990, Kauffman says.

Overly burdensome non-compete agreements, particularly for highly-skilled employees, should also be reined in, Kauffman’s research suggests. About 90% of such workers are subject to non-competes, which prevents them from engaging in similar work or opening related businesses. That, in turn, reduces new business formation when these workers seek alternative opportunities, as they may fear looming lawsuits or other punitive actions.

Finally, Kauffman suggests revamping states systems for rewarding tax credits and other business incentives, which research it cites from the non-profit Good Jobs First suggests, overwhelmingly favor large businesses.

Related: How Goldman Grooms Its 10,000 Small Businesses for Growth

While these policy changes won’t alter the competitive landscape on their own, taken together, they could offer valuable economic props.

“Our goal is to ensure policy-makers are better-informed about entrepreneurship, so they know how to support it better over time,” Wiens says. “That will lead to a better environment across the country for people to start and grow companies.”

 

 

About the Author
By Jeremy Quittner
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in

Jensen Huang made his $172 billion fortune on AI chips. His family’s $75 million gift to Vanderbilt argues art decides what technology is for
Big Techphilanthropy
Jensen Huang made his $172 billion fortune on AI chips. His family’s $75 million gift to Vanderbilt argues art decides what technology is for
By Sydney LakeJuly 23, 2026
24 minutes ago
Current ARM mortgage rates report for July 23, 2026
Personal FinanceReal Estate
Current ARM mortgage rates report for July 23, 2026
By Glen Luke FlanaganJuly 23, 2026
28 minutes ago
Current refi mortgage rates report for July 23, 2026
Personal FinanceReal Estate
Current refi mortgage rates report for July 23, 2026
By Glen Luke FlanaganJuly 23, 2026
28 minutes ago
Mortgage rates today, July 23, 2026
Personal Financemortgages
Mortgage rates today, July 23, 2026
By Glen Luke FlanaganJuly 23, 2026
28 minutes ago
Hasbro’s growth strategy isn’t just about kids anymore—it’s about ‘kidults’
Healthchief executive officer (CEO)
Hasbro’s growth strategy isn’t just about kids anymore—it’s about ‘kidults’
By Phil WahbaJuly 23, 2026
29 minutes ago
Thijn Lamers is Co-Founder and President, Noah.
Commentarystart-ups
Adyen co-founder: Europe does not need more ambition. It needs to stop hiding it
By Thijn LamersJuly 23, 2026
29 minutes ago

Most Popular

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
Real Estate
The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
By Nick LichtenbergJuly 22, 2026
15 hours ago
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
Success
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
By Sasha RogelbergJuly 20, 2026
3 days ago
Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
AI
Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
By Eva RoytburgJuly 21, 2026
2 days ago
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
Cybersecurity
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
By Jeremy Kahn and Emily ForliniJuly 21, 2026
1 day ago
Despite a $156 million contract, Knicks star Jalen Brunson still calls his parents for financial advice any time he makes a big purchase
Success
Despite a $156 million contract, Knicks star Jalen Brunson still calls his parents for financial advice any time he makes a big purchase
By Emma BurleighJuly 21, 2026
2 days ago
Scott Bessent casually says the U.S. has more than $1 trillion in gold—and that it doesn’t matter for the dollar
Economy
Scott Bessent casually says the U.S. has more than $1 trillion in gold—and that it doesn’t matter for the dollar
By Sasha RogelbergJuly 22, 2026
12 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.