Patents and Open Source
Download as PPT, PDF0 likes474 views
The document discusses the intersection of patents and open-source software, highlighting issues related to patentability, rights, risks, and infringement through various examples. It includes cases from notable companies like Microsoft and outlines the implications of licensing agreements on legal liabilities. Additionally, it presents strategic advice for developers aiming to minimize patent risks while enabling commercial use of their open-source software.
Patents and Open Source
- 1. Patents and Open Source By Dr. Kalyan C. Kankanala kalyan@bananaip.com www.bananaip.com Blog: www.bananaip.com/sinapse-blog
- 2. Copyright, BananaIP, 2011. Patentability of Software • India • Europe • USA
- 3. Copyright, BananaIP, 2011. Patent Rights • Make • Use • Sell • Offer for Sale • Import
- 4. Copyright, BananaIP, 2011. Patent Risks • Developer • Third Party
- 5. Copyright, BananaIP, 2011. Patent Infringement •Claims •Construction •Comparison •Analysis
- 6. Copyright, BananaIP, 2011. Example • WordBoy, a software company acquires a patent, one of whose claims reads as follows: • Claim A process of enabling computing device to search in a document, said process comprising of - A user entering a keyword; - Said computing device comparing said keyword to words present in said document; and - Said computing device highlighting said keyword in said document if at least one match for said keyword has been found in said document.
- 7. Copyright, BananaIP, 2011. Example Contd. • Nitin develops a software for word processing called as Word Moon with many advanced features. One of the highlights of the software is its search facilities within a document. Nitin makes the software available under GPL V3. RedCap develops the software further and makes it available under a commercial license. • What risks underlie RedCap's business?
- 8. Copyright, BananaIP, 2011. Microsoft's announcement • 238 patents • Linux • Enforcement
- 9. Copyright, BananaIP, 2011. Redhat v. Firestar • Hibernate 3.0 • Implementation • Settlement
- 10. Copyright, BananaIP, 2011. Microsoft V. TomTom • Security systems in automobiles • Linux implementation • Patent suit and Counter- suit • Settlement
- 11. Copyright, BananaIP, 2011. Open Invention Network • Linux system • Pool of patents for use • No patent assertion
- 12. Copyright, BananaIP, 2011. Open Patent • Patent license • Re-license improvement • Free to use
- 13. Copyright, BananaIP, 2011. Example • Blue White patents a process for sending emails over wireless networks. Tallman, a programmer based out of MIT writes a program for sending an email using blue tooth and makes it available under BSD license. Watertel, a company that sells cell phones, sells phones with Tallman's software installed on them. • Is Watertel liable for patent infringement?
- 14. Copyright, BananaIP, 2011. Example • Blue White develops the software and makes it available under the BSD license. • Would Watertel be liable for patent infringement? • Would it make a difference if the software is made available under the Mozilla Public License or General Public License?
- 15. Copyright, BananaIP, 2011. Example • Vini develops a software for transferring data into the brain. She wishes to make it available as an open source software. Her conditions are as follows: a. Encourage widest possible adoption of the software; b. Remove any patent risks in the software; c. Ensure that developments of the software are also open source; and d. Enable commercial use of the software. • What is the best strategy?
- 16. Thank You. For more information: http: www.bananaip.com/sinapse-blog