[Microsoft Gives 500 Patents To Startups
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Defend against patent lawsuits targeting your innovation with access to a large patent portfolio. You become eligible for this benefit simply by using Azure regularly. If sued, eligible Azure customers can acquire one of the patents that Microsoft makes available to help counter assert against an aggressor. To learn more about how to pick a patent, read the FAQs.
Startups have unique IP challenges, such as risk from non-practicing entities, which view small companies and startups as soft targets for patent lawsuits. In addition to the benefits available to all Azure IP Advantage customers, qualified startups can also take advantage of:
Free LOT Network membership, which prevents NPEs from asserting patents covered by the LOT license against network members. LOT members can still sell their patents and take legal action against other members. Startups can join LOT for free.
Azure IP Advantage is a program for Azure customers that offers best-in-industry protection against intellectual property (IP) risks. By participating in this program, developers can focus on coding, while you focus on running your business with reduced risk and exposure to IP lawsuits without diminishing your own IP rights.
New IP risks emerge as businesses use the cloud to transform and bring more IoT devices online. If you run services in the cloud or are increasing the number of your connected devices, consider your strategy for addressing IP infringement risk. Choose a cloud platform partner who understands these risks and has a comprehensive plan to help you address them.
All Azure customers are eligible to participate in Azure IP Advantage. However, the patent pick and springing license benefits are subject to the eligibility criteria that are described in the Microsoft Azure IP Advantage terms and conditions. The benefits for startups are available through the License on Transfer (LOT) Network.
The indemnification terms for Microsoft Azure are in the applicable license agreement. For example, the Microsoft Online Subscription Agreement has the terms in the agreement. The terms for the Microsoft Enterprise Agreement are in the Master Business and Services Agreement. A license under the Open Programs, a Microsoft Cloud Agreement (the customer agreement for Cloud Services Providers), or the Enrollment for Education Solutions each contain the corresponding indemnity language.
These agreements incorporate the Microsoft Online Service Terms, which were updated on February 1, 2017, to include coverage for open source. If you are in China, see the indemnification provisions in the customer agreements that Microsoft Azure Operated by 21Vianet provides.
The patent pick deters operating companies from suing Azure customers for patent infringement on their workloads that run in Azure or their software that runs on IoT devices that are connected to Azure. The Azure IP Advantage patent list gives these customers access to a portfolio of patents that they can use for defensive purposes in the context of a lawsuit.
Yes. We own the patents in the list until they are transferred to a customer as part of Azure IP Advantage. Patents in the list may expire, be transferred to third parties, or be included in our patent licensing programs. We plan to add new patents and update the list from time to time in order to maintain a total list of thousands of patents.
We have thousands of patents available in the patent pick. See the Azure IP Advantage patent list for the available issued patents and pending applications. We may modify this list as changes or updates occur.
Patents are assigned to the first qualified customer who meets the conditions for a patent transfer and completes the necessary documents to take title to the patent. For details, see the Microsoft Azure IP Advantage terms and conditions.
You may use the patent to counter-assert in a lawsuit for defensive purposes only. Furthermore, you may not use the patent against an Azure workload. Please consult the Microsoft Azure IP Advantage terms and conditions for more details.
No. The patent pick applies only to lawsuits that were filed after the effective date of Azure IP Advantage, which is February 8, 2017. In China, the patent pick applies to patent infringement lawsuits that were filed after October 1, 2017.
Microsoft makes patents available to startups through the LOT Network. To obtain these patents, if you are a qualified Azure startup, first join the LOT Network. The Microsoft patents that you acquire are subject to LOT Network encumbrances, including the reciprocal springing license that all LOT members provide to all other LOT members. Because these patents were originally Microsoft patents, they are also subject to Microsoft encumbrances. Otherwise, you are not restricted on how you use these patents.
Azure IP Advantage is available in every market where Azure cloud services, Azure Sphere, Azure RTOS, or Windows 10 IoT is available. In most countries, Azure services and Azure IP Advantage are available directly from Microsoft. In China, the indemnification benefits are available from Microsoft Azure Operated by 21Vianet, while the patent pick and springing license are available from Microsoft. For a list of countries where Azure Sphere is available, see Azure Sphere pricing.
The defense and indemnity benefits that are part of Azure IP Advantage are also part of the standard terms for Microsoft online service offerings. The patent pick and springing license benefits, however, are currently available only to eligible Azure customers.
For patent pick eligibility: You must (i) have an Azure usage of $1,000 per month over the past three months; (ii) have not filed a patent infringement lawsuit against another Azure customer for its Azure workloads in the last two years; and (iii) show evidence of a current patent litigation that occurred after February 8, 2017. Legal transactional costs apply. For springing license eligibility: You must have an Azure usage of $1,000 per month over the past three months. For startup benefits: Qualified startups are those who meet the LOT Network criteria for startups and have an Azure consumption greater than $1,000 per month for the past three months.
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