Blueshift IP’s Robert Plotkin spoke with Law360 regarding Elon Musk’s comment about patents in the article “Musk’s Dim View Of Patents Ignores Reality For Most Cos.” The article discusses Musk’s statements made during a television show that “patents are for the weak,” and a reference to a 2014 pledge that Tesla made not to sue those who used its patents in certain situations.
While Tesla has open-sourced their patents, Plotkin pointed out that the company still retains the right to enforce them. He also noted that Tesla has continued obtaining patents since the 2014 pledge and “probably will keep doing so because it understands the value of patents to its company.”
Plotkin also mentioned that a large company with a significant patent portfolio such as Tesla is in a better situation to make comments criticizing the use of patents – but that small companies and startups do not have that luxury, as they have no possible recourse if a large industry player copies their innovations.
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