The Substance of OpenAI’s Patent Pledge?
Patent – Patently-O 2024-10-14
Summary:
by Dennis Crouch
OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered. OpenAI’s pledge suffers from similar ambiguities and limitations that may ultimately render it more of a PR move than a meaningful commitment to open innovation.
OpenAI’s pledge states in part: “We support the efforts of others in the use and development of AI model technology. We pledge to only use our patents defensively, so long as a party does not threaten or assert a claim, initiate a proceeding, help someone else in such activities against us, or engage in activities that harm us or our users.”
At first glance, this may seem like a significant commitment. However, various scholars have noted in their analyses of patent pledges, the devil is in the details – or in this case, the lack thereof. See Jorge Contreras, Patent Pledges, 47 Ariz.