Questions tagged [patents]

For questions about the usages and roles of patents within open projects. This can concern protection of projects/patents, and their implications in licensing, projects, and usages.

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35 views

Supporting the HEIF format in a open source library

I'm a co-maintainer of a open source (GPLv2 licensed) image metadata library and recently a contributor made a pull request adding support for the HEIF format via libheif. Since the HEIF format is a ...
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1answer
42 views

Can someone else patent an invention that I have introduced in my open source project?

Is open source protected in any way if I haven't filed for a patent myself? Maybe a specific license? Any examples of open source projects that introduced 'inventions' that could be patented (but they ...
0
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1answer
19 views

GPL for CAD design using patented hardware

I would like to create a functional peice of mechanical hardware. To my knowledge, GPL-3.0 is compatible with non-software works. I would like to license the design of my under GPL-3.0. However, I ...
1
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1answer
53 views

Is open source license compatible with a patent-encumbered standard?

Let's say heic is a patented image format. There is an open source implementation of heic called "libheif". GIMP use it to edit heic images, however, development team of Eye of Gnome(EOG) refuse to ...
1
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1answer
168 views

Why is the Apache license 2.0 patent license clause useful/important?

I've read the Apache 2.0 license (A2L), in particular its clause regarding patent licensing. I don't quite understand what's the use of it. If Alice lets Bob use a piece of software under the terms ...
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1answer
41 views

What are the implications of Apple's Swift related patents?

Patent US9952841B2 - Programming system and language for application development - To make the question more concrete (based on this post in the Swift forum) - Is it safe for a new distinct ...
7
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1answer
475 views

Patent rights: BSD-3-Clause-Clear vs BSD-3-Clause

While the BSD-3-Clause is well known and thoroughly discussed here and elsewhere, I have been unable to find much information on precisely how the additional patent stipulation in the BSD-3-Clause-...
4
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1answer
100 views

Interpretation of the Patent clause of Apache 2.0

While it is clear what a "Contributor" to an Apache 2.0 licensed software has to do when its work abide to the license I am struggling with what an user of an Apache 2.0 library has to do in the ...
2
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0answers
42 views

Open Source Hardware software and patent license

I'm working on a hardware medical device which I'd like to open source without giving out my patent rights to potential competitors. I'd like to open source the firmware/software part. What's ...
7
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2answers
318 views

Do I lose the right to use my patent after contributing to a project with Apache License 2.0?

Apache License 2.0: Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, ...
2
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1answer
68 views

Legality of open hardware vs. patents

While much discussion is there around software patents (because sometimes it's just maybe a creative idea), how does maker community position themselves to existing patents? In other words, is high ...
2
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2answers
159 views

License for open sourcing software with pending patents

I have a pending patent on my Confidence Coin invention. I shared the code publicly on Github (after I started my application), but I have not added a license yet. This software is a blockchain ...
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2answers
916 views

Why doesn't the MIT license have “patent use” permission?

From https://choosealicense.com/licenses/ and https://choosealicense.com/appendix/ I notice that the MIT license doesn't have "patent use" permisson like other popular open source licenses. What ...
4
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2answers
253 views

What exactly does “If You […] litigation is filed” from Apache2 license mean?

I am not an native English speaker so the paragraph below is really hard for me to understand. From https://www.apache.org/licenses/LICENSE-2.0: If You institute patent litigation against any ...
3
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2answers
107 views

Open source license that protects my ability to patent in the future?

I just published a project on GitHub that I've been working on for a few years to see if I could maybe get some help polishing it up and augmenting it from here. I'm trying to choose a license and I ...
-3
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1answer
124 views

How to check if an(y) algorithm is patented/copyrighted or not [closed]

I want to know if an/any algorithm is patented or not. If it is patented then where can I find its details. Please explain with an example for both cases.
15
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1answer
2k views

What does “express grant of patent rights from contributors to users” mean?

I'm trying to choose which open source license I should use in my app, and in the description for one of the licenses, it says the license provides an "express grant of patent rights from contributors ...
1
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1answer
73 views

Open Source licenses in the Dominican Republic

I live in the Dominican Republic where there Open Source isn't contemplated in the Constitution. I want to make Open Source hardware. How should I go about this? Should I get a patent and license it ...
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2answers
2k views

Can I patent open source project?

Suppose I download an open source project from GitHub and modify the code further. Can I patent this code and restrict others to reuse my "modified" code?
11
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1answer
510 views

Is the Facebook BSD+Patents licence (aka “The React Licence”) compatible with the GPL?

Is the Facebook BSD+Patents licence compatible with the GPL (GPLv3), in the sense that one could: use code licensed under BSD+Patents, as part of a project, the rest of which you write yourself (own ...
1
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1answer
158 views

can I use this GitHub library that is using a patented data compression?

I was looking the repository https://github.com/ladislav-zezula/StormLib and it's using the MIT license, so far so good. However, looking at the following file https://github.com/ladislav-zezula/...
2
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2answers
634 views

Non commercial project which might be using a patent

If a non commercial or open source project uses a technique which some can argue is covered by a particular patent, what would be implications be. Do you have to pay royalties. If project does not ...
5
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2answers
406 views

Is there a license that both provides patent protection and does not require attribution?

Looking at https://choosealicense.com/appendix/, we can see that there are a number of licenses that provide patent troll protection, and there are also a few licenses that that do not require ...
8
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1answer
907 views

What are the ZFS patents and when do they expire?

One of the "big deals" in FreeBSD these days is ZFS. The issue is that ZFS is under a non-compatible license and has patents preventing clean-room re-implementation. My question is for how much ...
3
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1answer
368 views

How does ASL 2.0 licensed software interact with patents or patent pending

If software artifact is patented and then licensed under Apache Software License 2.0 what are the limitation due to the patent? Can the patent be used for non derived works. Independent (better) ...
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3answers
87 views

A licence that lets anyone do anything! Except patent

I have been searching for an open source license to use for my project. There are many little things i would like to have but only one thing that truly matters - I don't want anyone to use my projects ...
3
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1answer
591 views

Using ffmpeg in comercial application?

Is it OK, patent-wise, to use FFMPEG (for transcoding and video trimming) in a commercial application, be it free of charge or pay per install, on Android and iOS considering that both Google and ...
4
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1answer
974 views

Meaning of patent clause in licenses

What does this mean? "This license provides an express grant of patent rights from the contributor to the recipient."
9
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1answer
584 views

Have open-source contributors ever been sued or threatened with a lawsuit for patent infringement?

Have open-source contributors ever been sued or threatened with a lawsuit for patent infringement in their contributions? What was the outcome? The way I see it, there is the "experimental use" ...
4
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1answer
464 views

How does the Apache 2 license's patent grant interact with third-party patents?

From what I've read about the Apache 2 license's patent grant clause, it's intended to protect users of Apache-licensed software from software patents. How does that work if the contributor doesn't ...
5
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1answer
77 views

Open sourcing software that I do not own IP to

I have written some software based on publicly available research papers that other people have written. I know that the authors of the research papers have filed for patent for their work. I do not ...
10
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3answers
254 views

What does it mean to license a patent to software?

I’m learning about the Eclipse Public License. According to Wikipedia, it “requires that anyone distributing the work grant every recipient a license to any patents that they might hold that cover the ...
5
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1answer
536 views

Does the Apache license provide any benefit if I don't have any patents?

As far as I understand, the Apache 2.0 license is a fairly permissive license. It seems to me as if the only difference between the Apache license and other licenses (such as the MIT license), is the ...
2
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1answer
75 views

What if I publish a paper under the Creative Commons license and still patent the work it refers to?

I've just submitted a paper to an open access journal which operates with the Creative Commons license. Details here: http://www.lmcs-online.org/ojs/copyright.php The subject of the paper is an ...
2
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1answer
731 views

Relation between the creative commons license and the patent process

I have an algorithm. I'd like to publish this in an open access journal under the creative commons license. But I'm also considering a patent. How do these processes sit together? Does publishing in ...
12
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1answer
524 views

What exactly is the issue in Microsoft-Novell agreement?

I'm trying to understand what constitutes the issue in Microsoft-Novell agreement, and why is it so important that GPLv3 has a special clause to address such agreements in the future. So far I ...
13
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1answer
4k views

Against what does the Apache 2.0 patent clause protect?

The Apache 2.0 patent clause says: Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, ...
2
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0answers
93 views

I have filled a pending patent, can I still publish my code as an open source? [closed]

I have filled a pending patent for my project in USPTO, can I still publish the source code (project) as an open source? What about that if I had a complete patent for it?
6
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1answer
765 views

If I license software under the MIT license, will I be able to collect patent royalties?

The GPLv2 and GPLv3 has anti-patent clauses. The GPLv2 patent clause is "liberty or death": For example, if a patent license would not permit royalty-free redistribution of the Program by all ...
4
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1answer
82 views

Integrating code without a patent license into a code base with a patent license

What issues are involved when taking code from (for example) MIT licensed code and including it in a Apache 2.0/GPLv3 licensed project. Does that mean that there is simply no patent license granted? ...
7
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2answers
429 views

Interference of Software Patents with Free & Open Source Software

While visiting wikipedia page on Free and open-source software, I noticed the challenges from the template at bottom: In which Digital rights management and Software patents seems considerable to me....
13
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2answers
120 views

Is technology in expired patents open source?

After a patent expires people are free to use it. Does this means, that the technology described in the claims are then Open Source?
8
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1answer
53 views

Is an official standard necessarily an open standard?

One of the hallmarks of the FLOSS philosophy is its reliance upon open standards. The OSI has the one definition of an open standard. The FSF has its own There are many bodies which produce ...
26
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3answers
1k views

How could using code released under CC0 infringe on the author's patents?

Creative Commons defines a CC0 license type (here's the full legal code) that claims to allow creators to release their works into the public domain by waiving "all their copyright and related rights ...
15
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2answers
188 views

Do software patents for common formats (gif, mp3, h264) apply globally? [closed]

I've been told that I should not use some format because it's patented (gif, mp3, h264). I'm not a U.S. citizen but from E.U. Do these patents apply to me? Are they global? U.S. specific? Or is it ...