Microsoft CLO Announces 'Shared Innovation Initiative' to Boost Collaboration, Protect IP
"There is growing concern that without an approach that ensures that customers own key patents to their new solutions, tech companies will use the knowledge to enter their customer's market and compete against them—perhaps even using the IP that customers helped create," CLO Brad Smith wrote in a blog post.
April 05, 2018 at 02:05 AM
3 minute read
In 2018, grocery stores are being automated, cars are driving themselves, and nontech companies are putting a strong focus on innovation.
And Microsoft Corp.'s chief legal officer has taken note. In a blog post published late Wednesday, president and CLO Brad Smith announced the Redmond, Washington-based company's Shared Innovation Initiative, which gives nontech companies that innovate using Microsoft's software or collaborate with Microsoft consultants and engineers ownership of patents produced during these engagements.
“There is growing concern that without an approach that ensures that customers own key patents to their new solutions, tech companies will use the knowledge to enter their customer's market and compete against them—perhaps even using the IP that customers helped create,” Smith wrote.
Under the initiative's principles, Microsoft and the companies they innovate with will continue to own the IP they brought to the collaboration, as well as the improvement to that IP created together.
“The co-creation of new technology in the world today seldom starts from scratch,” Smith wrote. “At Microsoft, we bring our existing products, IP, and expertise, and our customers do the same thing, often reflecting their world-leading expertise in their particular field. Our ability to co-create relies on both companies respecting each other's IP.”
But, when that new tech does start from scratch and new projects begin, Smith says the customers Microsoft collaborates with will own the IP and any design rights resulting from the collaborative work. For shared source code, Microsoft will work with customers ”to contribute to an open source project any code the customer is licensed to use.”
Customers will be able to use the innovation created with Microsoft on non-Microsoft platforms if they so choose, Smith says. Microsoft will appoint executive officers to stay in contact with collaborators throughout the process, an effort to boost transparency and keep customers informed.
“We believe this initiative and these principles offer a path that will ensure that the co-creation of digital technologies creates new economic value to companies throughout the economy and around the world, rather than for just a few select companies in the tech sector,” Smith wrote.
“And of course, it's a path that we believe will enable Microsoft to continue to grow as well,” he added. “In short, it strikes a balance where we and our customers can each focus on what we do best, working together with trust and confidence that we will help each other become more successful.”
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