Patent Users (Subscribers)
A: Subscribers can immediately claim immunity from patent litigation by saying they made a commitment to the best-effort vehicle for patent licensing.
A: Yes, because licensing all the patents in a PatentBook is simply the best value for patent licensing anywhere. A patent user licenses all the patents published to the PatentBook on the day the PatentBook license is purchased, i.e. when the patent user Subscribes to the PatentBook, for a single price per transaction unit (model/serial number, service provided, etc.). The PatentBook price is far less than the sum total of all the time, cost, and business distraction required to license all the patents that exist in that product or service category via bilateral licensing.
Of course, the patent user remains free to pursue bilateral patent licenses rather than Subscribe to the PatentBook. Patent licensing has been done that way for decades, piecemeal and pedantically, rewarding lawyers 100% of the time. Bilateral licensing still exposes the patent user to attack from other patent owners for infringement of all their other patents.
PatentBooks informs all Publishers of the Subscribers its has approached, so that Publishers may easily identify and target non-Subscribers.
By licensing all the patents in the PatentBook for one low price, Subscribers may innovate more freely, incorporating other patents that they are not currently using to help improve and/or distinguish their products from competitive products.
Note – PatentBook licensing is completely voluntary. If you can find a better, more efficient or economical way to license patents, do it and let us know. We are committed to delivering the most efficient patent licensing model on the planet.
A: All relevant patents are invited to join, so by Subscribing to a PatentBook, the Subscriber has made a conscious best-efforts attempt to pay for a license to use all the patents that may be used in his product or service. This is a very defensible position via settled U.S. case law.
A: Subscribers may not know the origin, ownership, or even what patents might be used in their products or services. The more patents licensed via the PatentBook, the fewer lawsuits are possible. Moreover, currently unused patents offer Subscribers many options to innovate and distinguish their products and services from their competitors by adding new functions or technology now already licensed.
A: Subscribers pay in advance of their PatentBook patent usage. Subscriber accounts are debited when Subscribers upload usage data, i.e. product shipment or service deliveries, either daily, weekly, or monthly at a minimum. PatentBooks is developing APIs that connect with banks, manufacturers, and service providers.
A: Early Subscribers gain the advantage of growing their market share by proclaiming to their potential customers that their supply chain and service deliveries will not be interrupted by patent litigation, unlike their non-subscribing competition, who is still liable for patent litigation. Subscribers can also build their respective brands by illustrating to their customers that they are doing the “right thing” by licensing patents via the PatentBook.
Note that Publishers all receive quarterly lists of Subscribers who have been approached by the PatentBooks team and have not yet subscribed. This list affords Publishers easy targets for conventional assertive licensing and/or litigation, with sound data as their ammunition.
A: It depends. Yes, when a prospective Subscriber is faced with a patent assertion by a Publisher, the prospective Subscriber could subscribe to the PatentBook and be licensed to all the other published patents. No, the potential Subscriber may not be licensed to the patents owned by the asserting Publisher if the Publisher has excluded that Subscriber from their patents. The Publishers may indicate in advance in which cases patents will be withheld from a prospective Subscriber. Once a Subscriber, amnesty is available as long as Subscriber is in good standing.
A: PatentBooks is the agent of all Publishers in the aggregate, and provides maximum value to Subscribers. Patent users that are not Subscribers are specifically identified to all Publishers and to major retailers, thus decreasing their appeal and increasing their risk.