Ecovative Design LLC (“Ecovative”) is a biological science and design company, advancing mycelium technology to transform industries with high quality, Earth-friendly materials. Since its founding in 2007, Ecovative has made it part of its mission to make mycelium materials accessible to everyone. The scientists that make up Ecovative’s Mycelium Foundry are pioneers in mycelium materials technology, which is the basis of Ecovative’s broad-based portfolio of mycelium-related patents.
With this publication, Ecovative is pleased to announce the Ecovative European Open Patent Program for Composite Materials (the “Program”). This Program aims to achieve the following goals with respect to composites that include mycelium materials:
• Unleash Mycelium’s Potential Together: The Program is a bold step towards our mission to make mycelium materials accessible to all. By agreeing not to assert our core European or Israeli composites patents against participants in the Program, we’re inviting you to explore, innovate, and contribute to a greener future. Together, we can scale mycelium technology for the planet’s benefit.
• Collaborate with Integrity: Join us, and you can use, manufacture, and supply products covered by the Program without risking a claim under our core European or Israeli composites patents. All we ask is that you act in good faith in abiding by the terms of the Program. It’s about trust, respect, and working together for a common goal.
• Foster Innovation and Protect Ideas: Your improvements to our technology are welcome. We won’t assert our core European or Israeli composites patents against participants in the Program, in return for which we ask that you do not assert your improvements to that technology against others. We believe in fostering creativity while ensuring that intellectual property rights are honored. This balance helps create a thriving community of innovators.
• Fulfil our Commitment to Sustainability: Our Program is more than legal terms; it’s a commitment to sustainability and innovation. It will remain in effect until the patents expire. Join us in making history and making mycelium materials as ubiquitous and beneficial as they can be.
To achieve these goals, Ecovative undertakes that it will not assert European Patent (EP) number 2094856B1 or Israeli Patent number 199315, both of which are entitled: “Method for producing grown materials and products made thereby” (the “Patents”) against any person or business that uses or practices the Patents only for the Permitted Purposes set forth below, subject to the participant’s compliance with the Program’s conditions (each a “Participant”).
The ”Permitted Purposes” for Participants are (i) any use of the methods claimed in the Patents by the Participant, or (ii) the Participant’s use, manufacture, supply, offer to supply, importation, export or keeping of products; each of the foregoing in Europe (including the United Kingdom) and Israel only, made using the methods claimed in the Patents (“Products”).
Ecovative’s undertaking not to assert the Patents against any Participant is subject to the Participant’s ongoing compliance with the following conditions:
• From the date of this declaration, the Participant will not, directly or indirectly, threaten or seek revocation or amendment of the Patents, impair any registration of the Patents, diminish the rights of Ecovative in the Patents, or otherwise challenge the validity of the Patents, and will not assist any other person to do or omit to do anything in furtherance of the foregoing actions.
• In the event the Participant, or any person or company affiliated with the Participant, files any patent application or other form of intellectual property registration in relation to any improvement, enhancement, or modification to the technology that is the subject of either Patent, or to any Products or their method of manufacture, which if used or practiced without the above non-assertion undertaking would create a liability for infringement of either Patent (each a “Improvement”), then the Participant will not, and will ensure that any person or company affiliated with the Participant will not, assert those rights against Ecovative or any other third party in relation to Ecovative’s or such third party’s use of that Improvement, or their use, manufacture, supply, offer to supply or importation, export or keeping of products covered by that Improvement. This obligation will survive the expiration of the Patents and will remain in full force and effect until the expiration of the patent or other form of intellectual property registration that is the subject of any Improvement.
• The Participant will act in good faith in relation to its use and practice of the Patents. A Participant is not acting in good faith if it fails to comply with the terms of this Program, or otherwise acts in a manner that is contrary to the spirit of Program’s objective of promoting the broader use of mycelium materials in Europe and Israel by virtue of each Participant’s participation in the Program.
The Patents are provided “as is”. Nothing in this Program will constitute any representation or warranty by Ecovative (i) as to the accuracy, completeness, efficacy, or usefulness of the Patents, (ii) that the Patents are valid or subsisting, or (iii) that the use of the Patents, or that the manufacture, sale or use of the Products, will not infringe any intellectual property rights of any other person. The Program does not confer upon any Participant the right to use any Ecovative trademark, tradename, logo and/or branding including, without limitation, “Ecovative”, “Mushroom® Packaging”, or similar tradenames, and Participants may not refer to themselves as an Ecovative licensee by virtue of their participation in the Program.
The Program is a “standstill” undertaking, which means that it is a forbearance of enforcement of Ecovative’s remedies against any Participant for claims of past, present or future infringement of the Patents for so long as the Participant is complying with the terms of the Program. However, in order for Ecovative to preserve its ability to enforce the Patents against any party not acting in compliance with the Program, the Program is not a waiver of any patent claims (including claims for damages for past acts of infringement) and is not a license or a limitation on remedies, damages or claims. Except as expressly stated in this Program, no rights will be deemed granted, waived or received by implication, exhaustion, estoppel or otherwise.
This Program does not impose any obligation on Ecovative (i) to bring or prosecute actions or proceedings against third parties for infringement of the Patents, (ii) to defend any action or proceedings for revocation of the Patents, or (iii) to enforce the terms of the Program against any Participant. To the fullest extent permitted by law, Ecovative will not be liable to any Participant for any costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) arising from the Participant’s participation in the Program. The Participant’s participation in the Program is subject to all applicable laws, enactments, regulations and other similar instruments in the relevant country or territory, and each Participant will at all times be solely liable and responsible for such due observance and performance.
The Program will remain in effect until the expiration of the Patents, provided that Ecovative reserves the right to terminate this Program at any time with respect to any Participant that does not act in good faith or otherwise does not comply with the terms of the Program. Termination of the Program is without prejudice to any rights that have accrued to Ecovative prior to the termination date. If any provision or part-provision of this Program is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of this Program. The Program is governed by the laws of England & Wales. Any disputes related to the Program are subject to the exclusive jurisdictions of the courts of England & Wales.
