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How the Patent Non-Assertion Pledge Can be a Savvy Business Strategy

Tesla's recent pledge not to sue those who use its patent-protected technology is evidence of the broadening popularity of patent non-assertion strategies outside the formal standard-setting process. But those who would rely on such pledges still need to read the fine print. It was nearly a decade ago that IBM announced it would allow free access to a portfolio of more than 500 patents for those using them to develop or distribute certain open-source software. Since then, a number of other tech companies have issued their own patent non-assertion pledges. In 2012, Twitter promised that it would not wield its patents in litigation. Google now lists dozens of patents it won't enforce unless it is sued first.