Inventors have mixed feelings about the use of their patents to prevent others from using new technologies. More inventors are even more opposed to the abuse of their patents in litigation by patent trolls that aggressively attempt to extract settlements out of companies (both large and small) who wish to avoid costly patent litigation. Such patent trolling stifles innovation, and as a result, some inventors are apprehensive about using – or even outright opposed to – the patent system. The very system that is in place to protect inventors and reward them for their innovations.
Introducing the Innovator’s Patent Agreement
More Say for Inventors
X, back when it was called Twitter, addressed this problem with some legal innovation: enter the Innovator’s Patent Agreement (IPA). Twitter summarized the IPA best:
“The [IPA] . . . is a new way to do patent assignment that keeps control in the hands of engineers and designers. It is a commitment from a company to its employees that patents can only be used for defensive purposes. The company will not use the patents in offensive litigation without the permission of the inventors. This control flows with the patents, so if the company sells the patents to others, the assignee (owner) can only use the patents as the inventor intended.”
Support and Acceptance by Engineering
Twitter’s VP of Engineering at the time, Adam Messinger, characterized the existing landscape and highlights the advantage of IPA usage:
“This is a significant departure from the current state of affairs in the industry. Typically, engineers and designers sign an agreement with their company that irrevocably gives that company any patents filed related to the employee’s work. The company then has control over the patents and can use them however they want, which may include selling them to others who can also use them however they want. With the IPA, employees can be assured that their patents will be used only as a shield rather than as a weapon.”
For Defensive Purposes Only
In short, Twitter promised it won’t use their IPA patents to sue anyone, except for defensive purposes. So, for example, unless a party sues Twitter first, Twitter won’t use the patent in a lawsuit. It should be noted that the IPA includes a provision where the assignee (owner) of a patent assigned under the IPA can use the patent as a sword, not just a shield, provided the assignee seeks and receives all of the inventors’ approvals. Twitter’s patent filings, including Loren Brichter’s famous pull-to-refresh patent (U.S. Patent No. 8,448,084), fell under the IPA.
Access the IPA
Twitter has made the IPA available here for use by everyone, and they’ve included information about how to use it and answers to some FAQs for companies, inventors, and investors. Patent applicants should consider the IPA not only because it serves to honor the inventors’ wishes and help prevent patent trolling, but its usage is a good PR move and could have the added benefit of attracting some of the industry’s brightest talent.