A transparent attempt… to be efficient
Lack of transparency has always been seen as a negotiating advantage. There are signs, however, that this mindset is changing.
February 23, 2014 at 07:00 PM
4 minute read
You don't often hear the words “transparency” and “patents” in the same sentence. The conventional wisdom has long held that, for patent licensors, the less anyone knows about your patents, the better. Lack of transparency has always been seen as a negotiating advantage. There are signs, however, that this mindset is changing.
Last spring, for example, Microsoft General Counsel Brad Smith publicly called for open disclosure of the real party of interest in patent ownership, and soon after, Microsoft led by example, publishing online a freely available list of its 40,000-plus patents, all searchable by title, number, country and name of the entity to which the patent has been assigned. In December, Intellectual Ventures (IV) made a similar move, releasing a searchable list of 33,000 patents (or more than 80 percent of its holdings), a shift from its earlier position that its patent holdings were confidential information.
This is a significant and welcome change in attitude by two leading licensors. Whether or not the shift at IV was driven by public policy, it does represent economic common sense. The fact is that lack of transparency isn't a useful negotiating advantage for licensors and, as Microsoft recognized, transparency can actually facilitate licensing.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250