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All Our Patent Are Belong To You

teslamotors.com

21–30 of 328 posts

Re: All Our Patent Are Belong To You

#21
What can an innovator do besides filing a defensive patent?

I've heard of various strategies like publishing the work in as many forums as possible; publishing it on IP.com; filing a patent application and withdrawing it; filing it and pledging; etc.

It would be nice if there were a step by step guide written by an attorney--ideally an ex-patent attorney--that goes lists the steps in order of priority/cost/ease for both individual innovators and companies with deeper pockets.

Re: All Our Patent Are Belong To You

#22
post #3

> Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology. I'm not familiar with US legislation, but from my perspective this is just Musk on his soap-box making a statement. It's not something I can rely on while building a business that possibly (!) infringes one of Tesla's patents. They may retract their statement and reconsider at any time, especially when times get…

Since this statement comes from a Chairman and a CEO, wouldn't a breach of this promise be considered as a form of bait and switch? I mean, he publicly advertises a certain promise in a function of a key operative from the company.

Agreed. But his lawyers would have wiggle room with the "in good faith" part added onto the promise if they needed to go after someone.

Re: All Our Patent Are Belong To You

#23
post #2

"Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology." What exactly does that little "in good faith" clause mean in there?

If Tesla doesn't initiate patent lawsuits, then the usage was in good faith.

Re: All Our Patent Are Belong To You

#24
post #3

> Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology. I'm not familiar with US legislation, but from my perspective this is just Musk on his soap-box making a statement. It's not something I can rely on while building a business that possibly (!) infringes one of Tesla's patents. They may retract their statement and reconsider at any time, especially when times get…

They have to keep the patents (or donate them to a trusted third part, as a bunch of tech companies have done). They unfortunately need the protection. Otherwise, someone could sue them . I think Musk's word in this case is good. He's not a nobody; his reputation is stellar.

A general business tip: rely on someone's reputation as a signal that you should consider doing business with them, and then rely on their signature on a contract to protect you when you do business with them.

Re: All Our Patent Are Belong To You

#25
post #21

What can an innovator do besides filing a defensive patent? I've heard of various strategies like publishing the work in as many forums as possible; publishing it on IP.com; filing a patent application and withdrawing it; filing it and pledging; etc. It would be nice if there were a step by step guide written by an attorney--ideally an ex-patent attorney--that goes lists the steps in order of priority/cost/ease for b…

There used to be a mechanism called the "statutory invention registration" but that got eliminated in the 2013 AIA.

This is another option (although kind of outside the box in terms of what RPX normally used for), although it's likely to be pricey: https://en.wikipedia.org/wiki/RPX_Corporation

Re: All Our Patent Are Belong To You

#26
post #3

> Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology. I'm not familiar with US legislation, but from my perspective this is just Musk on his soap-box making a statement. It's not something I can rely on while building a business that possibly (!) infringes one of Tesla's patents. They may retract their statement and reconsider at any time, especially when times get…

Would this not be a get out of court free card in any lawsuit Tesla would try to start?

I suspect that an ambiguously-worded blog post would not be legally binding.

Re: All Our Patent Are Belong To You

#28
Sounds to me like the "in good faith" clause is to retain the patents for a defense should someone try to come after Telsa for infringing.

Quite an interesting business move and pretty unprecedented as far as I know, at least for a non-software company. Presumably he is hoping that this will encourage improvement to infrastructure. He is also probably thinking he can build higher quality cars and cheaper than others, irrespective of if they are electric or not (probably this is true).

Re: All Our Patent Are Belong To You

#30
post #3

> Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology. I'm not familiar with US legislation, but from my perspective this is just Musk on his soap-box making a statement. It's not something I can rely on while building a business that possibly (!) infringes one of Tesla's patents. They may retract their statement and reconsider at any time, especially when times get…

They have to keep the patents (or donate them to a trusted third part, as a bunch of tech companies have done). They unfortunately need the protection. Otherwise, someone could sue them . I think Musk's word in this case is good. He's not a nobody; his reputation is stellar.

http://en.swpat.org/wiki/Patent_non-aggression_pacts is an option that is a tad more legally binding.
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