Non-SDO Patent Statements and Commitments

 

Last Updated June 11, 2015.

This table collects publicly-available statements and commitments made with respect to patents and patent licensing outside of formal standards-development organizations (SDOs). Some of these statements and commitments relate to the use of patents essential to standards, but others relate to uses in open source software and other contexts. Because web links are sometimes fallible, we have also created PDF versions of each of these statements and commitments and are working to make those publicly-available in due course.

The examples in this table have been collected by volunteers, and we encourage you to send us additional examples of non-SDO patent statements and commitments that you know about. Send all contributions, comments and inquiries to Jorge Contreras at the University of Utah, jorge.contreras@law.utah.edu. Thank you!

For further information:

CompanyDateDoc TitleRelevant Patents/StandardsCommitment DescriptionCommitment Type
A Thinking ApeN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Agrari2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
AirbnbN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Alcatel-Lucent2008.04.14Wireless Industry Leaders commit to framework for LTE technology IPR licensingPatents related to 3GPP LTE/SAE standards"[T]he companies agree, subject to reciprocity, to reasonable, maximum aggregate royalty rates based on the value added by the technology in the end product and to flexible licensing arrangements according to the licensors' proportional share of all standard essential IPR for the relevant product category. Specifically, the companies support that a reasonable maximum aggregate royalty level for LTE essential IPR in handsets is a single-digit percentage of the sales price. For notebooks, with embedded LTE capabilities, the companies support a single-digit dollar amount as the maximum aggregate royalty level."Maximum royalty rates
AnybotsN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
AOL2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Apple2011.11.11Letter to ETSI clarifying FRAND commitmentsPatents covering ETSI standards including LTE, UMTS, EDGE, GPRS, GSMWith respect to FRAND-committed patents, Apple will charge an appropriate, proportional royalty, using a royalty base common in the industry, and will not seek injunctionsClarification; Non-injunction; Royalty Levels
Apple2012.13.02Commitment to DOJ to honor Novell's OIN commitments882 patents acquired by CPTN from Novell in 2010From DOJ Press Release 2/13/12: "Apple also proposes to acquire patents held by CPTN Holdings LLC, formerly owned by Novell, following CPTN’s acquisition in April 2011 of those patents on behalf of Apple, Oracle Corporation and EMC Corporation. As a member of the Open Invention Network (OIN), Novell committed to cross-license its patents on a royalty-free basis for use in the open source “Linux system,” a defined term in the OIN. ... With respect to Apple/Novell, the division concluded that the acquisition of the patents from CPTN, formerly owned by Novell, is unlikely to harm competition. While the patents Apple would acquire are important to the open source community and to Linux-based software in particular, the OIN, to which Novell belonged, requires its participating patent holders to offer a perpetual, royalty-free license for use in the “Linux-system.” The division investigated whether the change in ownership would permit Apple to avoid OIN commitments and seek royalties from Linux users. The division concluded it would not, a conclusion made easier by Apple’s commitment to honor Novell’s OIN licensing commitmentsRAND-z
BakedCodeN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Bank of America2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
BinpressN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Blackboard2010.03.13The Blackboard Patent PledgePatents: 6,988,138; 7,493,396; 7,558,853; Pending patent applications: 12/470,739; 10/443,149; 10/643,075; 10/653,074; 11/142,965; 10/373,924; 10/918,016Non-assertion promise applying only to "Open Source Software or Home-Grown systems to the extent that such Open Source Software or Home-Grown Systems are not bundled with proprietary software;" subject to a defensive termination clauseNon-assertion
Blackboard2007.02.01Blackboard Patent PledgePatent 6,988,138; Pending patent applications: 11/251,110; 10/443,149; 10/643,075; 10/653,074; 11/142,965; 10/373,924; 10/918,016Non-assertion promise applying only to "Open Source Software or Home-Grown systems to the extent that such Open Source Software or Home-Grown Systems are not bundled with proprietary software"Non-assertion
BumpN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
CANARIE2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Simple Identity Cloud Management: Core Schema 1.0 Draft specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
CarWooN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Cisco2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Simple Identity Cloud Management: Core Schema 1.0 Draft specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Cisco Systems2013.10.18Statement by Mark Chandler, General Counsel, in Forbes articleAll patents"Cisco in the past sold a small number of patents to two NPEs … But we won’t do it again”No NPE Transfers
Citizen Agency2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)JSON Activity Streams 1.0 specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Clearing House (The)2014.02.20TCH Pledges to Support USPTO on PatentsPrior art"The Clearing House also pledges to coordinate with the USPTO to establish a vehicle, such as an existing commercial database, to collect and provide patent examiners with access to non-patent materials describing our financial infrastructure."Prior art
Cloudmark2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Comcast2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Computer Associates, International2005.09Computer Associates International, Inc.'s Statement of Non-Assertion of Named Patents Against OSSPatents 5,414,809; 6,282,544; 6,143,537; 5,734,796; 6,850,952; 6,907,412; 6,212,509; 5,325,361; 6,704, 806; 5,796,942; 5,958, 015; 6,336,140; 6,754,713; 6,493,811Non-assertion promise; subject to termination against any party who files a lawsuit asserting patents or other intellectual property rights against Open Source Software.Non-assertion
Consumer & Merchant Awareness Fndn (CMAF)?About CMAF - Intellectual Property: The '894 Patent and Mission StatementUS Pat 6,182,894"CMAF is committed to using the '894 Patent to further the security of consumer and merchant payment transactions." "In a manner consistent with its charitable purposes, the Foundation will conduct activities intended to accomplish the following goals: ... Refrain from actions that will result in enforcement of intellectual property against issuers, acquirers, merchants or consumers related to activity in the retail financial services and payments areas"Non-assertion
Conversant Intellectual Property Management (f/k/a Mosaid Technologies)2013.11.14Patent Licensing PrinciplesAll patentsVarious principles relating to ethical and responsible licensing of patents including: disclosing the patent's true, direct ownership; seeking to license only "quality" patents that its investigation indicates to be valid, enforceable and likely to be used by the potential licensee; and refraining from threatening start-ups and small end users against which the licensor does not directly compete. The potential licensee should likewise act in an ethical and good faith manner.Good Citizenship - Licensing and litigation practices
DailyBoothN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
DisgusN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
DotCloudN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
DropboxN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
EarbitsN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
eCert2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Environmental Research Institute, Inc. (ESRI)2010.09.07Open Web Foundation Agreement 0.9 (OWFa 0.9)GeoServices REST SpecificationNon-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Ericsson2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
Ericsson2008.04.14Wireless Industry Leaders commit to framework for LTE technology IPR licensingPatents related to 3GPP LTE/SAE standards"[T]he companies agree, subject to reciprocity, to reasonable, maximum aggregate royalty rates based on the value added by the technology in the end product and to flexible licensing arrangements according to the licensors' proportional share of all standard essential IPR for the relevant product category. Specifically, the companies support that a reasonable maximum aggregate royalty level for LTE essential IPR in handsets is a single-digit percentage of the sales price. For notebooks, with embedded LTE capabilities, the companies support a single-digit dollar amount as the maximum aggregate royalty level."Maximum royalty rates
Ericsson2012.11.27Ericsson takes action for fair and reasonable patent licensingEricsson's SEPs"Ericsson is committed to licensing its standard-essential patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms for the benefit of the industry. It believes that FRAND licensing strikes the appropriate balance between incentivizing companies to contribute technology to open standards and maintaining the overall royalty rates at a reasonable level to allow new entrants access to the market. ”FRAND
Ericsson2012.01.12Ericsson strengthens focus on IPR licensingEricsson's SEPs"Ericsson complies with, and endorses, terms that are fair, reasonable and non-discriminatory for its patent licensing programs, which make standard-essential patents widely available. This makes Ericsson the partner of choice for new entrants to the market, as well as established companies seeking to license technology at fair and commercially viable rates."RAND
Facebook2010.04.20Open Web Foundation Agreement 0.9 (OWFa 0.9)Open graph protocolNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered material. The "related entity" clause terminates terminates reciprocal rights apparently permitting the purported licensee to retailiate against the licensor's customers.Non-assertion / RAND-Z
Facebook2011.04.07Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Specifications: AMD Motherboard Hardware v1.0; Data Center v.1.0; Intel Motherboard Hardware v1.0; Server Chassis and Triplet Hardware v1.0Non-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered material. The "related entity" clause terminates terminates reciprocal rights apparently permitting the purported licensee to retailiate against the licensor's customers.Non-assertion / RAND-Z
FacebookN/AOpen Web Foundation Agreement 0.9 (OWFa 0.9)Oauth Web Resource Authorization Profiles (Oauth WRAP) Version 0.9.7.2Non-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Facebook2011.04.07Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Specification for Open Compute Project Battery Cabinet Hardware v.1.0Non-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Facebook2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Facebook2011.04.07Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Specification for Open Compute Project 450W Power Supply Hardware v. 1.0Non-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Fidelity2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Ford Motor Co.2015.05.28Ford Opens Portfolio of Patented Technologies to Competitors to Accelerate
Industry-Wide Electrified Vehicle Development
Electrified Vehicle PatentsFord’s innovations have resulted in acclaimed electrified vehicles on the road today, but the company believes sharing its patented technologies will promote faster development of future inventions as all automakers look toward greater opportunities.“As an industry, we need to collaborate while we continue to challenge each other,” said Layden. “By sharing ideas, companies can solve bigger challenges and help improve the industry.” To access Ford’s patents and published patent applications, interested parties can contact the company’s technology commercialization and licensing office, or work through AutoHarvest – an automaker collaborative innovation and licensing marketplace. AutoHarvest allows members to showcase capabilities and technologies, then privately connect with fellow inventors to explore technology and business development opportunities of mutual interest. The patents would be available for a fee.RAND?
FreshplumN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Fujitsu2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
Gatespace Telematics2006.07.26Leading Tech Companies United to Support OSGi TechnologyNecessary patents for OSGi Service Platform, Release 4 SpecificationsNon-assertion agreement; subject to termination if the the implementer asserts IP rights against any implementation of the specificationNon-assertion
Gilmore, John2014.12.09Defensive Patent Licence offer by John Gilmore, Trustee23 Patents acquired from Pixel Qi, listed here: a list of my patents obtained from Pixel Qi CorporationI, John Gilmore, Trustee under Declaration of Trust dated December 18, 1997, hereby declare my committment to offer a Defensive Patent License, version 1.1 or any later version, for any of my Patents, to any DPL User.DPL
Google2013.03.28 - 10 patents;
2013.08.13 - 79 patents;
2014.08.26 - 152 patents
Open Patent Non-Assertion PledgeFull list of pledged patents available at http://www.google.com/patents/opnpledge/patents/, and here, as a PDFGoogle promises to each person or entity that develops, distributes or uses Free or Open Source Software (a “Pledge Recipient”) that Google will not bring a lawsuit or other legal proceeding against a Pledge Recipient for patent infringement under any Pledged Patents based on the Pledge Recipient’s (i) development, manufacture, use, sale, offer for sale, lease, license, exportation, importation or distribution of any Free or Open Source Software, or (ii) internal-only use of Free or Open Source Software, either as obtained by Pledge Recipient or as modified by Pledge Recipient, in standalone form or combined with hardware or with any other software (“Internal-Only Use”). The preceding Pledge does not apply to any infringement of the Pledged Patents by hardware or by software that is not Free or Open Source Software, or by Free or Open Source Software combined with special purpose hardware or with software that is not Free or Open Source Software (except Internal-Only Use).Non-Assertion
Google2012.02.08Letter to IEEE clarifying FRAND commitmentsMotorola Mobility patents subject to FRAND commitmentsMaximum royalty (2.25% of net product selling price); “best efforts” to ensure that transferees abide by its FRAND commitments; only require a grant-back of the licensee’s patents that are essential to the same standard; will not seek an injunction on the basis of standards-essential patents, during a reasonable negotiation period and if the other party makes a similar commitment
Clarification; Royalty Max; Transferee Commitment; Non-injunction
GreplinN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
GroovesharkN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
HackruiterN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
HeyzapN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
HipmunkN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
HyperinkN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
iBiquity2005.04.13Commitment to Adhere to NRSC's patent policyiBiquity patents covering NRSC-5 HD radio standard (transmission and receivers), HD Radio software object code, HDC codec object codeThis letter is intended to detail iBiquity’s commitments to the NRSC concerning licensing of iBiquity intellectual property. All of these commitments are predicated on the NRSC’s prior adoption of the IBOC standard designated NRSC-5… (1) Consistent with the NRSC patent policy, iBiquity commits to license on reasonable terms and conditions that are demonstrably free of any unfair discrimination all patents essential for someone skilled in the art to manufacture NRSC-5 compliant transmission devices. … (2) iBiquity notes that although its receiver patents are not necessary to implement NRSC-5, it is and will continue to be iBiquity’s practice to license its receiver patents on reasonable terms and conditions that are demonstrably free of any unfair discrimination… (4) iBiquity has committed to license on reasonable terms and conditions that are demonstrably free of any unfair discrimination the object code to the HD Radio system without the HDC codec for NRSC-5 compliant implementations… (5) iBiquity also has committed to license on reasonable terms and conditions that are demonstrably free of any unfair discrimination the object code to the HDC codec separately from the remainder of the HDC Radio software implementation but subject to the requirement that it be used in independent HBOC implementations compliant with NRSC-5FRAND
IBM2005.10.24IBM Statement of Support of Open Standards-Based Healthcare Industry and Education Industry Standard27 standard specifications related to web services, electronic forms, or open document formatsNon-assertion promise applying "only to the extent [the covered standards] are implemented in the Healthcare Industry or Education Industry in accordance with" the standards; subject to termination against parties asserting patents or IPR against other implementers of the standardNon-assertion
IBM2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)JSON Activity Streams 1.0 specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
IBM2005.01.11IBM Statement of Non-Assertion of Named Patents Against OSS500 IBM patents related to interfacing; storage management; multi-processing; data processing programming; human interfacing; database and data handling; image processing and video technology; human language processing; compression, encryption, and access control; software development and object technology; Internet and e-commerce; networking and network management; etc.Non-assertion promise applying only for the benefit of open source software (i.e., "any computer software program whose source code is published and available for inspection and use by anyone, and is made available under a license agreement that permits recipients to copy, modify and distribute the program's source code without payment of fees or royalties."); subject to termination against any party "who files a lawsuit asserting patents or other intellectual property rights against Open Source Software."Non-assertion
IBM2006.07.26Leading Tech Companies United to Support OSGi TechnologyNecessary patents for OSGi Service Platform, Release 4 SpecificationsNon-assertion agreement; subject to termination if the the implementer asserts IP rights against any implementation of the specificationNon-assertion
IBM2006.09.26IBM Establishes Worldwide Patent Policy to Promote Innovation: Pledges Thousands of Hours to Community Review of Patent Applications; Reduction in Business Method PatentsAll IBM patents"IBM will make its patent applications open to community review. . . . IBM will promptly and publicly record, in its name, assignment of all patents and published patent applications it owns." (There is no indication whether IBM did or did not follow through on this pledge).Recordation of transfers
IBM2006.09.26IBM Establishes Worldwide Patent Policy to Promote Innovation: Pledges Thousands of Hours to Community Review of Patent Applications; Reduction in Business Method Patents100+ IBM business method patents"IBM will make available over 100 of its business-method patents -- about 50 percent of IBM's total business method patents -- to the public, where they can be used openly to stimulate innovation. IBM will focus future business method filings on those with substantial technical content, and as a result, expects to substantially reduce its filing of business method patents." There is no indication whether IBM followed through on this pledge.Availability of licenses; business method patent prosecution
IBM2007.07.13Interoperability Specifications PledgeIBM software patents covering 150+ specificationsNon-assertion promise; subject to termination if the the implementer asserts claims against any implementation of the specificationsNon-assertion
InboxQN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
IntelN/AIntel Patent Licensing Practices for Industry StandardsStandards-essential patents"Intel understands FRAND commitments have at least the following implications: A commitment to license every user or implementer of the relevant standard, and such license may not be conditioned on licensing patents that are not essential for that standard; Injunctions and other exclusionary remedies should not be available on FRAND committed patents except in limited circumstances;A FRAND royalty should reflect a number of factors including a royalty base that does not exceed the cost of the smallest unit that practices the standard, the technical value of the patented feature compared to alternatives available during the standard-setting process, and the overall royalty that could reasonably be charged for all patents essential to the standard; and FRAND commitments follow the transfer of a patent to subsequent owners."Clarification / No injunctions / Transferee commitment / Royalty base
InterviewstreetN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Jive SoftwareN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Justin.tvN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
KangarooBoxN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
LinkedIn2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
LooptN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Massachusetts Institute of Technology2006Non-Assert for Tuschl I siRNA patent applicationsRNA Sequence-Specific Mediators Of RNA Interference by David P. Bartel, Phillip A. Sharp, Thomas Tuschl and Phillip D. Zamore: US Serial Nos. 09/821,832, Filed March 30, 2001 and 10/255,568, Filed September 26, 2002, and foreign counterpartsIn order to facilitate widespread distribution of an important class of research reagents, [the Patent Owners] now announce that they will not assert the patents listed below against companies that sell or use DNA vectors which induce production of siRNA endogenously, provided that such vectors are only used for research purposes, and provided that the RNA that mediates RNA interference is not isolated from the transformed cells. The Patent Owners intend to enforce the patents listed below against any use not specifically listed above.Non-assertion
Max Planck Gesellschaft2006Non-Assert for Tuschl II siRNA patent applicationsEuropean Serial Number EP 00126325 entitled "RNA Interference Mediating Small RNA Molecules" by Thomas Tuschl, Sayda Elbashir and Winfried Lendeckel, filed on December 1, 2000 and Patent Convention Treaty Serial No. PCT/EP01/13968 entitled “RNA Interference Mediating Small RNA Molecules” filed on November 29, 2001, and all national applications derived from this PCT-application within the scope of claims 1-29 (corresponding to the subject matter of the above EP-application)
In order to facilitate widespread distribution of an important class of research reagents, Max Planck Gesellschaft zur Foerderung der Wissenschaften e.V. (“MPG”) announces that it will not assert the patents listed below against companies that sell or use DNA vectors which induce production of siRNA endogenously, provided that such vectors are only used for research purposes, and provided that the RNA that mediates RNA interference is not isolated from the transformed cells. The MPG intends to enforce the patents listed below against any use not specifically listed above
Non-assertion
Max Planck Gesellschaft2006Non-Assert for Tuschl I siRNA patent applicationsRNA Sequence-Specific Mediators Of RNA Interference by David P. Bartel, Phillip A. Sharp, Thomas Tuschl and Phillip D. Zamore: US Serial Nos. 09/821,832, Filed March 30, 2001 and 10/255,568, Filed September 26, 2002, and foreign counterpartsIn order to facilitate widespread distribution of an important class of research reagents, [the Patent Owners] now announce that they will not assert the patents listed below against companies that sell or use DNA vectors which induce production of siRNA endogenously, provided that such vectors are only used for research purposes, and provided that the RNA that mediates RNA interference is not isolated from the transformed cells. The Patent Owners intend to enforce the patents listed below against any use not specifically listed above.Non-assertion
Microsoft2007.09.12Microsoft Community PromiseVarious specifications for communications protocols, SQL, security, etc. (80+ specifications listed)Non-assertion agreement applying only "to the extent [the implementation] conforms to one of the Covered Specifications, and is compliant with all of the required parts of the mandatory provisions of that specification."and subject to a defensive suspension clause;" includes a defensive suspension clauseNon-assertion
MicrosoftN/AMicrosoft Specifications: Open Web Foundation AgreementSpecifications: Oauth WRAP version 0.9, OpenService Format Specification version 0.8, Simple Web Tokens version 0.9, Web Slice Format Specification version 0.9, XML Search Suggestions Format Specification as of 11/11/2009,"Microsoft makes the following specifications available under an Open Web Foundation Agreement. Specifications Under OWFa 0.9: OAuth WRAP version 0.9, OpenService Format Specification version 0.8, Simple Web Tokens version 0.9, Web Slice Format Specification version 0.9, XML Search Suggestions Format Specification as of 11/11/2009. Specifications Under OWFa 1.0 TypeScript Language Specification Version 0.8"Non-assertion / RAND-Z
Microsoft2006.07.19Speech and Questions and Answers by Brad Smith, General Counsel of Microsoft.Microsoft patents on operating system inventions"We will make generally available for licensing all of the patents that we have in the operating system space, save those that differentiate our user interface, the appearance of our software on the screen from competing software. This has been a traditional industry practice, and it gives us I think a good opportunity to learn from the positive experiences of others and assure people that our patents are open and available for licensing. "Availability of licenses
Microsoft2003.12.03Standards LicensingMicrosoft SEPs for "Business Process Execution Language for Web ServicesVersion 1.1," "Sender ID for E-Mail Specification," "Compound File Binary File Format (Structured Storage Version 3)," and "Sockets Direct Protocol for InfiniBand Trade Association Specification Version 1.1"Royalty-free license; subject to a grant back for implementations of the same standard; subject to a defensive suspension clauseRoyalty-free
Microsoft2008.02.12Interoperability Principles - Principle II: Support for StandardsMicrosoft's "high volume products""Microsoft commits to supporting relevant standards in its high-volume products and doing so in a way that promotes interoperability. . . Microsoft will work with other major implementers of the standard toward achieving robust, consistent, and interoperable implementation across a broad range of widely deployed products. To that same end, Microsoft will document for the development community how it supports such standards and how it is working towards broad compatibility and interoperability. . . . Microsoft will also make available a list of any of its patents that cover any extensions, and will make available patent licenses on reasonable and non-discriminatory terms."RAND
Microsoft2008.02.12Interoperability Principles - Principle IIIData Portability"Once customers use one software product to store their data, they should be able to subsequently access that data in a form that permits its use in other software products. Microsoft commits to designing its high-volume products and providing documentation to enable such data portability. . . . [A]ccess to specifications regarding Open Formats that are not standardized will be available on Microsoft websites, royalty-free, and with no need to obtain a license. Patents, if any apply, will be made available for licensing on reasonable and non-discriminatory terms"Royalty-free / RAND
Microsoft2009.12.16Public Undertaking by MicrosoftApplication Programming Interfaces (APIs) for operating system"Microsoft will provide third-party security vendors with access to [operating system] APIs pursuant to a royalty-free license and on fair, reasonable and non-discriminatory terms."RAND-Z
MicrosoftN/AOpen Web Foundation Agreement 0.9 (OWFa 0.9)Specifications: Oauth WRAP version 0.9, OpenService Format Specification version 0.8, Simple Web Tokens version 0.9, Web Slice Format Specification version 0.9, XML Search Suggestions Format Specification as of 11/11/2009, TypeScript Language Specification Version 0.8Non-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Microsoft2008.02.12Interoperability Principles - Principle I: Open Connections to Microsoft ProductsMicrosoft's "high volume products""Some of Microsoft Open Protocols are covered by patents. Microsoft will indicate on its website which protocols are covered by Microsoft patents and will license all of these patents on reasonable and non-discriminatory terms, at low royalty rates. To assist developers in clearly understanding whether or not Microsoft patents may apply to any of the protocols, Microsoft will make available a list of the specific Microsoft patents and patent applications that cover each protocol. We will make this list available once for each release of a high-volume product that includes Open Protocols. Microsoft will not assert patents on any Open Protocol unless those patents appear on that list. Third parties do not need licenses to any Microsoft patents to call these Open APIs."RAND; Royalty levels; Non-assertion
Microsoft2005.11Options for Implementers of Office Open XMLMicrosoft Office 2003 XML Reference SchemasNon-assertion agreement; subject to a defensive suspension clauseNon-assertion
Microsoft2014.02.20Leading the way on patent transparencyPrior art"Today, we pledge to complete the beta testing, implement the USPTO’s feedback and make the service available to all patent examiners by May 2014. We will continue to add to the database with the goal of providing examiners access to more than 10 million archived Microsoft technical documents."Prior art
Microsoft2012.02.08Microsoft's Support for Industry StandardsMicrosoft's SEPs""Microsoft will always adhere to the promises it has made to standards organizations to make its standard essential patents available on fair, reasonable and nondiscriminatory terms. This means that Microsoft will not seek an injunction or exclusion order against any firm on the basis of those essential patents. This also means that Microsoft will make those essential patents available for license to other firms without requiring that those firms license their patents back to Microsoft, except for any patents they have that are essential to the same industry standard. Microsoft will not transfer those standard essential patents to any other firm unless that firm agrees to adhere to [this commitment]." See additional discussion at http://blogs.technet.com/b/microsoft_on_the_issues/archive/2012/02/08/microsoft-s-support-for-industry-standards.aspxFRAND; Non- injunction; Transferee commitment
MicrosoftN/AThe Microsoft Patent Pledges for Implementations of Microsoft Communications Protocol Program Technical Specifications: Patent Pledge for Open Source DevelopersPatents for MCPP technical specifications, including updates and corrections, for protocols (including extensions to industry-standard or other published protocols) that are used by Windows Server operating systems to interoperate with Windows client operating systems (from Windows 2000 Professional up to and including Windows 8)Non-assertion promise; only applies to the creation of software code that is "freely distributed, modified, or copied pursuant to an open source license and is not commercially distributed by its participants"Non-assertion
MicrosoftN/AThe Microsoft Patent Pledges for Implementations of Microsoft Communications Protocol Program Technical Specifications: Patent Pledge Regarding Patent DisclosurePatents for MCPP technical specifications, including updates and corrections, for protocols (including extensions to industry-standard or other published protocols) that are used by Windows Server operating systems to interoperate with Windows client operating systems (from Windows 2000 Professional up to and including Windows 8)Non-assertion promise; only covers patents that (1) are not listed in the current list of patents generated for the Microsoft Communications Protocol Program Protocols ("MCPP-Legacy") via the "Patents" mapping tool ("MCPP-Legacy Patent Map") posted on Microsoft's patents webpage; (2) issue from any of the pending patent applications contained in the MCPP-Legacy Patent Map; (3) issue from an application with a priority date that is after the Effective Date of the relevant MCPP-Legacy Patent Map ("New Application"), provided that Microsoft has posted an updated version of the MCPP Patent Map that contains the New Application to the MCPP web site no later than 45 days after the date the New Application has been filed; or (4) are added to the MCPP-Legacy Patent Map following an update to the MCPP technical specifications that causes such patent or patent application to read upon the MCPP technical specifications, provided Microsoft has updated the MCPP-Legacy Patent Map that contains such patent or patent application on the "Patents" web page no later than 45 days after the date the updated MCPP technical specifications are made available to MCPP licenseesNon-assertion
Microsoft2003.12.03Microsoft's FAT chargesPatents related to Microsoft's FAT file system"Microsoft offers a commercially reasonable, nonexclusive license so that other companies can use the FAT file system in their own products. Currently, Microsoft offers two specific types of licenses:

• A license for removable solid state media manufacturers to preformat the media, such as compact flash memory cards, to the Microsoft FAT file system format, and to preload data onto such preformatted media using the Microsoft FAT file system format. Pricing for this license is US$0.25 per unit with a cap on total royalties of $250,000 per manufacturer.

• A license for manufacturers of certain consumer electronics devices. Pricing for this license is US$0.25 per unit for each of the following types of devices that use removable solid state media to store data: portable digital still cameras; portable digital video cameras; portable digital still/video cameras; portable digital audio players; portable digital video players; portable digital audio/video players; multifunction printers; electronic photo frames; electronic musical instruments; and standard televisions. Pricing for this license is US$0.25 per unit with a cap on total royalties of $250,000 per licensee. Pricing for other device types can be negotiated with Microsoft."
Commercially reasonable terms; Royalty levels
MicrosoftN/AOpen Web Foundation Agreement 0.9 (OWFa 0.9)Oauth Web Resource Authorization Profiles (Oauth WRAP) Version 0.9.7.2Non-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
MicrosoftN/AOpen Web Foundation Agreement 1.0 (OWFa 1.0) (Patents and Copyright Grants)TypeScript Language Specification Version 0.8Non-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Microsoft2006.07Windows Principles: 12 tenets to promote competitionMicrosoft patents on operating system inventions other than differentiating patents for OS appearance"Microsoft will generally license patents on its operating system inventions (other than those that differentiate the appearance of Microsoft’s products) on fair and reasonable terms so long as licensees respect Microsoft’s intellectual property rights. . . . Microsoft is committed to supporting a wide range of industry standards in Windows that developers can use to build interoperable products. Microsoft is committed to contributing to industry standard bodies as well as working to establish standards via ad hoc relationships with others in the industry."FRAND
Microsoft2006.09.12Open Specification PromiseVarious specifications for web services, virtualization, security, open XML and open document file formats, other office file formats, windows compound formats, graphics formats, Microsoft computer languages, robotics, synchronization, windows rally technologies, published protocols, SQL (150+ specifications listed)Non-assertion agreement covering only "those claims of Microsoft-owned or Microsoft-controlled patents that are necessary to implement only the required portions of the Covered Specification that are described in detail and not merely referenced in such Specification;" includes a defensive suspension clauseNon-assertion
Microsoft2003.12.03Microsoft Announces Expanded Access To Extensive Intellectual Property PortfolioPatents related to Microsoft's ClearType technology and file allocation table (FAT) file system"To mark Microsoft's commitment to enable greater access to its IP, the company announced the availability of two new licensing offerings: one for ClearType technology and the other for Microsoft's FAT file system. These offerings will be made available under fair and reasonable terms."Fair and reasonable terms
Microsoft2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Mitsubishi Electric2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
MogoTixN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
MonsantoNo dateMonsanto's Commitment: Farmers and PatentsPatents covering seeds"X. It has never been, nor will it be Monsanto policy to exercise its patent rights where trace amounts of our patented seed or traits are present in farmer's fields as a result of inadvertent means."Non-assertion
Mozilla2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)JSON Activity Streams 1.0 specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Myriad GeneticsN/AMyriad’s Pledge to Our Patients and the Research CommunityGenetic diagnostic patents"Myriad's Pledge: Myriad has supported and continues to support research institutions in the advancement of scientific and technological knowledge, and we will not impede non-commercial, academic research that uses patented technology licensed or owned by us… Myriad will continue its practice of not interfering with laboratories conducting genetic testing on patients for the purpose of confirming a test result provided by Myriad.. Myriad will continue to offer financial assistance programs and free testing to help patients with the greatest need."Non-assertion
NEC2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
NEC2008.04.14Wireless Industry Leaders commit to framework for LTE technology IPR licensingPatents related to 3GPP LTE/SAE standards"[T]he companies agree, subject to reciprocity, to reasonable, maximum aggregate royalty rates based on the value added by the technology in the end product and to flexible licensing arrangements according to the licensors' proportional share of all standard essential IPR for the relevant product category. Specifically, the companies support that a reasonable maximum aggregate royalty level for LTE essential IPR in handsets is a single-digit percentage of the sales price. For notebooks, with embedded LTE capabilities, the companies support a single-digit dollar amount as the maximum aggregate royalty level."Maximum royalty rates
NextWave Wireless2008.04.14Wireless Industry Leaders commit to framework for LTE technology IPR licensingPatents related to 3GPP LTE/SAE standards"[T]he companies agree, subject to reciprocity, to reasonable, maximum aggregate royalty rates based on the value added by the technology in the end product and to flexible licensing arrangements according to the licensors' proportional share of all standard essential IPR for the relevant product category. Specifically, the companies support that a reasonable maximum aggregate royalty level for LTE essential IPR in handsets is a single-digit percentage of the sales price. For notebooks, with embedded LTE capabilities, the companies support a single-digit dollar amount as the maximum aggregate royalty level."Maximum royalty rates
Nokia2006.07.26Leading Tech Companies United to Support OSGi TechnologyNecessary patents for OSGi Service Platform, Release 4 SpecificationsNon-assertion agreement; subject to termination if the the implementer asserts IP rights against any implementation of the specificationNon-assertion
Nokia2002.05.08Nokia advocates industry-wide commitment to 5% cumulative IPR royalty for WCDMANokia's SEPs for WCDMA technology"Highlighting the fact that WCDMA technology has been adopted by the vast majority of mobile operators worldwide and is fast emerging as the global standard of choice for 3G, Nokia is advocating an industry-wide commitment that royalty rates for the 3G technology should not exceed 5% cumulatively. Under this proposal no manufacturer should pay more than 5% royalties covering all essential WCDMA patents from all patent holders. . . . Nokia is committed to licensing its essential patents under fair, reasonable, and non-discriminatory terms, subject to reciprocity."Maximum royalty rates / FRAND
Nokia2005.05.25Legally Binding Commitment Not to Assert Nokia Patents against the Linux KernelPatents related to Linux KernelNon-assertion pledge against any Linux Kernel existing as of May 25, 2005; subject to termination against any Linux Kernel. Press Release at: http://press.nokia.com/2005/05/25/nokia-announces-patent-support-to-the-linux-kernel/
Non-assertion
Nokia2008.04.14Wireless Industry Leaders commit to framework for LTE technology IPR licensingPatents related to 3GPP LTE/SAE standards"[T]he companies agree, subject to reciprocity, to reasonable, maximum aggregate royalty rates based on the value added by the technology in the end product and to flexible licensing arrangements according to the licensors' proportional share of all standard essential IPR for the relevant product category. Specifically, the companies support that a reasonable maximum aggregate royalty level for LTE essential IPR in handsets is a single-digit percentage of the sales price. For notebooks, with embedded LTE capabilities, the companies support a single-digit dollar amount as the maximum aggregate royalty level."Maximum royalty rates
Nokia2010Nokia licensing policy on Long Term Evolution and Service Architecture Evolution essential patentsNokia's SEPs for wireless communication technologies"Subject to reciprocity, Nokia will license its LTE standards-essential IPR at prices that are consistent with the principle of proportionality and current best understanding of Nokia’s share of all LTE standards-essential IPR. Currently, we expect Nokia’s rate for devices that deploy LTE as the only wireless communication standard to be in a range of 1.5 percent from the sales price of an end-user device. However. a significant use of LTE is expected to be in connection with other wireless communication standards, such as GSM, UMTS and/or CDMA. When multiple wireless standards are used in the same end product, Nokia will follow similar principles in setting the royalty rate for Nokia patents essential to other standards. To avoid unfavorable effects of royalty stacking, Nokia will not charge royalties higher than 2.0 percent from the sales price of an end-user device for IPR that is essential to wireless communication standards irrespective of the number of wireless standards deployed in such a device."Maximum royalty rates
Nokia2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
Nokia Siemens Networks2008.04.14Wireless Industry Leaders commit to framework for LTE technology IPR licensingPatents related to 3GPP LTE/SAE standards"[T]he companies agree, subject to reciprocity, to reasonable, maximum aggregate royalty rates based on the value added by the technology in the end product and to flexible licensing arrangements according to the licensors' proportional share of all standard essential IPR for the relevant product category. Specifically, the companies support that a reasonable maximum aggregate royalty level for LTE essential IPR in handsets is a single-digit percentage of the sales price. For notebooks, with embedded LTE capabilities, the companies support a single-digit dollar amount as the maximum aggregate royalty level."Maximum royalty rates
Novell2004.10.12Patent Policy: Novell's Statement on Patents and Open Source SoftwareNovell's patents related to the Linux kernel or open source programs"We believe that customers want and need freedom of choice in making decisions about technology solutions. Those considering Novell offerings, whether proprietary or open source, should be able to make their purchasing decisions based on technical merits, security, quality of service and value, not the threat of litigation. Novell intends to continue to compete based on such criteria. . . . Consistent with this belief, Novell will use its patent portfolio to protect itself against claims made against the Linux kernel or open source programs included in Novell's offerings, as dictated by the actions of others."General patent policy statement
NTT DoCoMo2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
Open Invention Network (OIN) / Multiple licensees (IBM, NEC, Novell, Philips, Red Hat, Sony, Canonical, +500 additional firms)N/ALicense AgreementOIN-owned patents (200+) and licensee patents relevant to LinuxRoyalty-free cross-licensing agreement among OIN licensees; applies only to uses for the Linux SystemRoyalty-free
Panasonic2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
Paypal2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Pebble LearningN/AOpen Web Foundation Agreement 0.9 (OWFa 0.9)Leap2A specificationNon-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Ping Identity2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Simple Identity Cloud Management: Core Schema 1.0 Draft specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
PosterousN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
ProSyst Software2006.07.26Leading Tech Companies United to Support OSGi TechnologyNecessary patents for OSGi Service Platform, Release 4 SpecificationsNon-assertion agreement; subject to termination if the the implementer asserts IP rights against any implementation of the specificationNon-assertion
Qualcomm2013.12.08LTE/WiMax Patent Licensing StatementPatents covering LTE/WiMax"Qualcomm expects that it will charge royalties for a license under its standards essential LTE patents and/or standards essential WiMax patents for complete, end user subscriber devices that implement LTE and/or WiMax standards, but do not implement any 3G CDMA standards, of approximately 3.25% of the wholesale selling price of each such device, subject to reciprocity and other standard terms and conditions. ... with respect to multi-mode LTE/3G CDMA devices and WiMax/3G CDMA devices, Qualcomm expects that it will not charge a royalty rate on such multi-mode devices for use of both Qualcomm's standards essential LTE and/or WiMax patents and standards essential 3G CDMA patents that is greater than Qualcomm's standard 3G CDMA royalty rate, subject to certain standard terms and conditions."Clarification / Maximum royalty rates
RedHat2002.05.29Red Hat, Inc. Statement of Position and Our Promise on Software PatentsAny software which is licensed under GNU General Public License v2.0 and v3.0; GNU Lesser General Public License v2.1 and v3.0; IBM Public License v1.0; Common Public License v1.0; Q Public License v1.0; Open Software License v3.0; or any open source license granted by Red Hat.Non-assertion promise; subject to suspension against "any party who institutes patent litigation against Red Hat with respect to a patent applicable to software (including a cross-claim or counterclaim to a lawsuit)"Non-assertion
Return Path2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
SafeMashups Inc.2009.11.11Open Web Foundation Agreement 0.9 (OWFa 0.9)MASHSSL Core Specification 1.2.0 openNon-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
SailPoint Technologies2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Simple Identity Cloud Management: Core Schema 1.0 Draft specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Salesforce.com2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Simple Identity Cloud Management: Core Schema 1.0 Draft specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Samsung2013.10.18Proposed Commitments Offered to the European Union in Case COMP/C-3-39.939 - Samsung Electronics Enforcement of UMTS Standard Essential PatentsPatents granted in the EEA that are declared essential to ETSI/3GPP 2G, 3G or 4G mobile standards (incl. GSM, GPRS, EDGE, UMTS, LTE) and IEEE 802.11 Wi-Fi, plus improvements to the foregoing.Samsung has proposed the following Commitment in order to end the EC investigation of its injunction practices regarding UMTS patents. The Commitment would require Samsung to negotiate FRAND rates for up to 12 months with potential licensees, If agreement is not reached w/in 12 months, parties may choose either to submit the dispute to arbitration (at the ICC or European Patent Arbitration and Mediation Center) or resolution by the High Court in England. Samsung will not seek an injunction in the EEA against any potential licensee that agrees to this procedure.Non-injunction
Samsung2006.07.26Leading Tech Companies United to Support OSGi TechnologyNecessary patents for OSGi Service Platform, Release 4 SpecificationsNon-assertion agreement; subject to termination if the the implementer asserts IP rights against any implementation of the specificationNon-assertion
SAS2014.02.20SAS Supports White House Efforts to Curtail Patent TrollsPrior art"In response to a call from the Administration, SAS will convert 38 years of user documentation and technical papers to electronic form and provide it to IP.com, which has partnered with the USPTO to publish, aggregate and analyze technical documentation."Prior art
Siemens2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
SongkickN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Sony2002.11.06Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens, and Japanese manufacturers reach a mutual understanding to support modest royalty rates for the W-CDMA technology worldwideEssential patents for W-CDMA"Industry leaders NTT DoCoMo, Ericsson, Nokia and Siemens today reached a mutual understanding to introduce licensing arrangements whereby essential patents for W-CDMA are licensed at rates that are proportional to the number of essential patents owned by each company. The intention is to set a benchmark for all patent holders of the W-CDMA technology to achieve fair and reasonable royalty rates. . . . The above companies also own a significant number of the essential patents applicable to the CDMA2000 standard. These patents will be licensed at fair and reasonable terms. As essential patent holders, Japanese manufacturers Fujitsu, Matsushita Communication Industrial (Panasonic), Mitsubishi Electric, NEC and Sony Corporation have also expressed their willingness to co-operate with such arrangements."Royalty levels; fair and reasonable terms
Sony Ericsson2008.04.14Wireless Industry Leaders commit to framework for LTE technology IPR licensingPatents related to 3GPP LTE/SAE standards"[T]he companies agree, subject to reciprocity, to reasonable, maximum aggregate royalty rates based on the value added by the technology in the end product and to flexible licensing arrangements according to the licensors' proportional share of all standard essential IPR for the relevant product category. Specifically, the companies support that a reasonable maximum aggregate royalty level for LTE essential IPR in handsets is a single-digit percentage of the sales price. For notebooks, with embedded LTE capabilities, the companies support a single-digit dollar amount as the maximum aggregate royalty level."Maximum royalty rates
Southern California Edison2008Use Case License Agreements
US 11/626,810 (Method of communicating between a utility and its customer locations)To preserve SCE's own ability to utilize the use cases (and to allow others to use them as described herein), SCE took the precautionary step of filing a patent application for the AMI Use Cases with the U.S. Patent Office. In our efforts to continue to promote open innovation, SCE solicited industry comments to help draft and offer a non-exclusive royalty-free license for others to use the AMI Use Cases, including for any patent that issues thereon, under the terms and conditions described below.RF License
StatusNet2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)JSON Activity Streams 1.0 specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
StripeN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Sun Microsystems2005.09.30Raising the bar on patents and standardsOpen Document Format for Office Applications v.1.0 specificationSun's commitment regarding the OASIS OpenDocument specification is a "blanket promise" that is not "restricted to particular facets or features" of OpenDocument and is not restricted to essential patents.Non-assertion
Sun Microsystems2005.01.25Sun Opens Access to 1,600 patents1600+ patents associated with Sun's Solaris operating system"OpenSolaris developers and customers alike no longer need patent protection or indemnity from Sun's and other participants in the OpenSolaris community for use of Solaris-based technologies under the CDDL and OpenSolaris community process. By releasing the OpenSolaris OS platform under the CDDL, the open source community will immediately gain access to 1,600 active Sun patents for all aspects of operating system technologies that encompass features ranging from kernel technology and file systems to network management, to name a few. Patents for Sun's newest technologies, such as the anticipated Dynamic Tracing technology, will also be available under the open access program."Non-assertion
Technology Nexus2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Simple Identity Cloud Management: Core Schema 1.0 Draft specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Tesla Motors20014/12/06All Our Patents Are Belong to YouAll patents"Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology."Non-assertion
Toyota20015.01.15Opening the Door to the Hydrogen Future5,680 fuel cell related patentsToyota will invite royalty-free use of approximately 5,680 fuel cell related patents held globally, including criticalRAND-z
TrailBehind, Inc.N/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
TrueDomain2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Trusted Domain2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Twitter2012.04.17Introducing the Innovator's Patent AgreementAll patents issued to Twitter's engineers, past and presentA commitment from Twitter to its engineers that Twitter's patents will only be used for defensive purposes, unless the engineer authorizes offensive assertion.Non-assertion
Unbound ID2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)Simple Identity Cloud Management: Core Schema 1.0 Draft specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
University of Massachusetts2006Non-Assert for Tuschl I siRNA patent applicationsRNA Sequence-Specific Mediators Of RNA Interference by David P. Bartel, Phillip A. Sharp, Thomas Tuschl and Phillip D. Zamore: US Serial Nos. 09/821,832, Filed March 30, 2001 and 10/255,568, Filed September 26, 2002, and foreign counterpartsIn order to facilitate widespread distribution of an important class of research reagents, [the Patent Owners] now announce that they will not assert the patents listed below against companies that sell or use DNA vectors which induce production of siRNA endogenously, provided that such vectors are only used for research purposes, and provided that the RNA that mediates RNA interference is not isolated from the transformed cells. The Patent Owners intend to enforce the patents listed below against any use not specifically listed above.Non-assertion
Verizon2013.10.19Randy Milch, General Counsel, Verizon, Oral Statement at Panel Discussion, Software Patents and their Challenges Conference, University of Colorado School of LawAll patents"“We have sold patents to non-practicing entities. That’s wrong. I shouldn’t do it. … I have made it clear that we are not selling anymore to non-practicing entities”No NPE Transfers
VMWare2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)JSON Activity Streams 1.0 specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
VMWare2011.05.30Open Web Foundation Agreement for Activity Streams SignedJSON Activity Streams 1.0 and Atom Activity Streams 1.0 SpecificationsNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Vodaphone2014.06.14IPR statement on next generation mobile network technologiesNext generation mobile radio essential patents "While Vodafone respects that holders of IPR built into standards deserve a fair compensation for their R&D efforts, this reward needs to support the success of the technology in an increasingly competitive market. This leads us to believe that the IPR licence structure for any next generation mobile technology should be based on the component price of the radio module built in or attached to devices. Vodafone is committed to licensing its next generation mobile radio essential patents (subject to reciprocity) on fair, reasonable and non-discriminatory (FRAND) terms, free of charge.’"FRAND
WeeblyN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
WepayN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
Whitehead Institute2006Non-Assert for Tuschl I siRNA patent applicationsRNA Sequence-Specific Mediators Of RNA Interference by David P. Bartel, Phillip A. Sharp, Thomas Tuschl and Phillip D. Zamore: US Serial Nos. 09/821,832, Filed March 30, 2001 and 10/255,568, Filed September 26, 2002, and foreign counterpartsIn order to facilitate widespread distribution of an important class of research reagents, [the Patent Owners] now announce that they will not assert the patents listed below against companies that sell or use DNA vectors which induce production of siRNA endogenously, provided that such vectors are only used for research purposes, and provided that the RNA that mediates RNA interference is not isolated from the transformed cells. The Patent Owners intend to enforce the patents listed below against any use not specifically listed above.Non-assertion
XWikiN/AThe Patent PledgeSoftware patents"No first use of software patents against companies with less than 25 people."Non-assertion
YahooN/AOpen Web Foundation Agreement 0.9 (OWFa 0.9)Media RSS specificationNon-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Yahoo2013.10.29Written Testimony of Kevin T. Kramer, VP and Dep. CG, IP, Yahoo! Inc. Before the House Committee on the JudiciaryAll patents[p.5] "we act responsibly when selling patents. Our policy has been to sell patents only to operating entities rather than to non-practicing entities. We do not want our patents to be obtained by a troll and irresponsibly asserted against others in the Internet industry"No NPE Transfers
YahooN/AOpen Web Foundation Agreement 0.9 (OWFa 0.9)Oauth Web Resource Authorization Profiles (Oauth WRAP) Version 0.9.7.2Non-assertion agreement that applies "so long as all required portions of the Specification are implemented;" RAND-Z license; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z
Yahoo2014.02.20Edging Patent Trolls Out Through Higher Quality PatentsPrior art"We have shared prior art relevant to our business and intend to do so in the future. We are considering ways to more easily share non-confidential information with the U.S. Patent and Trademark Office (USPTO). We believe that the more information we make available to patent examiners, and the more time they get to study that information, the better equipped they are to analyze patent applications and determine what is patentable and what is not."Prior art
Yahoo2005.07.03Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)DMARC specificationNon-assertion agreement; royalty-free license on reasonable and non-discriminatory terms; includes a termination clause that takes effect if either a licensee or a related entity of the licensor asserts patents against the covered materialNon-assertion / RAND-Z