Research Non-Assertion Pledge

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See Patent Tools Public Discussion

See also Research Non-Assertion Pledge Change Log for changes and the Research Non-Assertion Pledge Drafter's Notes for commentary

1. Purpose

The purpose of the GreenXchange is to promote innovation and the dissemination of knowledge that leads to the development, production and adoption of products that enhance sustainability. In order to promote that goal and reduce barriers to conducting research that helps achieve that goal, members of the GreenXchange may adopt the following Research Non-Assertion Pledge (the “Pledge”). This Pledge is made for the benefit of the researchers and institutions meeting the criteria set forth below.

2. Definitions

“Grantor” means the entity or individual making this Pledge.

“Non-Commercial Research Use” means any internal experimental, research, developmental, or educational use or practice of the Patent Rights, other than in exchange for money or other valuable consideration.

“Non-Profit Institution” means (i) a college, university, or other institution of higher education, (ii) an organization that qualifies for an exemption under section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under Internal Revenue Code (26 U.S.C. 501(a)), or (iii) any nonprofit scientific or educational organization qualified under a state nonprofit organization statute and any organization that receives similar treatment as a non-profit or charitable organization under the applicable laws of other countries.

“Patent Rights” means the patents and/or patent applications specifically designated by Grantor for inclusion in this Pledge, except to the extent any patents, patent applications, or claims have been added or removed from time to time in accordance with the procedures set forth below.

3. Research Non-Assertion Pledge

3.1 Subject to the exceptions and limitations in this Section 3, Grantor hereby promises not to assert any Patent Rights anywhere in the world against a Non-Profit Institution, or its staff, representatives, or students, in each case only to the extent engaging in Non-Commercial Research Use that would infringe the Patent Rights but for this Pledge.

3.2 Grantor may add new patents, patent applications, or claims to the Patent Rights by providing notice thereof on its designated Web site. Grantor may remove patents, patent applications, or claims from the Patent Rights in accordance with Section 3.4.

3.3 Notwithstanding anything to the contrary, Grantor may terminate this Pledge as against any party in the event that such party asserts a claim of patent infringement against Grantor or any third party with respect to products or services of Grantor, unless (a) such claim is first asserted after Grantor has asserted a claim of patent infringement against such party or any third party with respect to products or services of such party, or (b) such party fully withdraws such claim within ten (10) days after being notified by Grantor. For purposes of this paragraph, “Licensor” and “Licensee” shall also include their respective affiliates.

3.4 Grantor may terminate this Pledge in its entirety, or remove specific patents, patent applications, or claims by providing notice on its designated Web site, provided that users may continue to rely on this Research Non-Assertion Pledge for an additional 12 months (or longer, if allowed by the Grantor) if needed to complete existing projects, except to the extent Grantor has exercised its right to terminate under Section 3.3.