Non-assertion covenant

Nonasserts are often used as patent-infringement settlement agreements that are designed and drafted with the purpose of preemptively resolving future infringement disputes.

Nonasserts can take three forms: A non-assert can specify the release of only certain patent rights or fields of use, or it can be broad and specify release for entire patent families, including future inventions in a certain area.

Nonasserts can have wide-ranging implications in terms of enhancing public sector R&D.

Specifically targeted non-asserts can also be effective instruments for industry to permit the use of patented inventions anywhere in the world, provided such use is for the express purposes of addressing specific humanitarian needs in developing countries.

This could have broad-ranging and significant positive impact, as this approach reduces transaction costs, encourages innovation to help the poor, and accomplishes this without any loss of commercial opportunities.