Can Twitter's new innovator's agreement end the patent wars?

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[Commentary] In a technology era that threatens to be defined by its epic Patent Wars, Twitter took the remarkable step of breaking away from the pack and shouting, "Enough."

The company announced a new policy that hands control of its patents back to its engineers -- you know, the people who actually invent stuff. This is a radical step because most companies require employees to sign agreements that surrender control of such intellectual property to their employers. The so-called "Innovator's Patent Agreement" elicited well-deserved praise across Silicon Valley and the high-tech diaspora for saying Twitter would primarily use patents for defensive purposes. Unfortunately, while it's going to give Twitter enormous credibility among its current and prospective employees, it's unlikely to stop the larger insanity that has turned patents into weapons of mass destruction. "I think it's a noble effort," said Edward Reines, an attorney and partner in Weil Gotshal's Technology Litigation Practice. "But one person's offense is another person's defense. Intellectual property attorneys could argue to the end of time what is a defensive assertion and what is not." Twitter has made a tremendous gesture this week and set a new bar. Let's see how many others have the courage to follow.


Can Twitter's new innovator's agreement end the patent wars?