RPX OPEN FAQs

No. RPX OPEN’s notice obligation only applies to agreements to sell to an NPE. But if you think there is any chance you might sell to an NPE, we would encourage you to provide notice in advance – even if you ultimately sell to an operating company.

A core group of companies (most of whom have experienced a high level of NPE litigation) collaborated with RPX.  These companies worked to clarify the details of a final agreement that would be simple to execute while still having a meaningful impact on the significant problem of patent privateering. Click here for a list of current participants.

Please do not hesitate to contact RPX to receive additional materials or to set up a time to discuss RPX OPEN. RPX can also provide referrals to individuals at participating companies.

RPX provides operating companies with services that reduce patent risk and cost. Through our core Defensive Patent Acquisition services (Open market buying and litigation purchases), and through large-scale syndicated transactions, we acquire potentially problematic high-risk patents and patent rights associated with patent infringement claims from NPEs. With rare exceptions in certain syndicated transactions, every client in RPX’s growing network receives a license to every asset we own, making each patent in the RPX portfolio one less patent that could be used in an infringement assertion against any member.

We also offer a growing suite of complementary risk management services, including litigation insurance and market intelligence and advisory services

There is no cost to participate.  RPX administers RPX OPEN without charge.

No. As long as participants provide 45 days’ notice before entering into an agreement, they may sell their patents to whomever they choose and on whatever terms they choose.

A notice includes the name of your company and the patent and application numbers that your company intends to sell.

RPX membership is not a condition for participation in RPX OPEN.   Several companies currently participating in the program are not RPX clients.