Companies Form an "Eco-Patent Commons" for Green Patents

Several major corporations including IBM, Sony, Pitney Bowes, and Nokia have donated a number of patents for eco-friendly inventions to an international patent-sharing project called the "Eco-Patent Commons". The Eco-Patent Commons consists of a web site that makes donated patents freely and widely available. A patent holder can join the Eco-Patent Commons by donating a patent for an ecologically friendly invention and committing that it will not enforce its rights against others who use the patented invention in eco-friendly ways. However, the Eco-Patent Commons contains a "defensive termination" clause which permits a donor to assert its patent rights against users which might launch a patent infringement action against the donor. The Eco-Patent Commons will be managed by the World Business Council for Sustainable Development, an industry association comprising 200 of the world's largest corporations. Approximately 30 patents have been donated to the Eco-Patent Commons, such as:

• IBM's patent for recyclable packing material placed in boxes to protect electronics during shipping, and
• Nokia's patent for recycling cell phone components for use in other electronic devices such as calculators, digital cameras, PDAs, etc.

Although some of the patents currently available in the Eco-Patent Commons are not themselves product patents, IBM's assistant general counsel David Kappos noted that these patents represent a gift of value which could be used by others to develop a new generation of eco-friendly products. For more information, follow these links: http://online.wsj.com/article/SB120027151743287307.html http://tinyurl.com/2lpdbj; and http://tinyurl.com/3aumh9 Summary by: Andrei Edwards