The solution
Open Invention Network was set up in 2005 with $160 million from founding companies to build a defensive patent community around Linux. By 2026 it reported more than 4,100 members, a community-owned portfolio of over 3 million patents and applications, and protection covering 5,100+ open-source packages.
Members license their patents royalty-free to each other for the Linux System. The license is reciprocal and tied to the Linux definition—the agreement terminates if a member files patent claims against Linux—which makes suing the ecosystem self-defeating and rare.
Membership is free for companies under $10 million revenue, lowering the barrier for startups and individual developers; larger firms pay tiered fees. OIN's own figures put the average cost of defending a patent case at about $4 million, a price the community lets members avoid sharing.
What it achieved
Share patents to defend a shared platform
Why it worked
A pooled portfolio gives small firms big-company defense
Reciprocity punishes attackers without any lawsuit
Free tier recruits startups before disputes happen
Platform safety removes a reason not to choose open source
What can be applied
Competitors can share their most feared weapon: a mutual patent license turns litigation into a losing move for whoever starts it.
Aftermath
OIN grew from a handful of founding firms to more than 4,100 members, including most major technology companies, and its portfolio passed 3 million patents and applications. In 2025–2026 it moved to OIN 2.0, adding tiered fees for larger companies while keeping small firms free.
FOLLOW THE EVIDENCE
The sources
- OIN 2.0 License Agreement (royalty-free cross-license and termination for Linux claims) openinventionnetwork.com