Open-Source & Patent Rights – Can They Co-Exist?
A patent is a form of Intellectual Property (IP) granted to the owners of an invention or innovation, giving them the right to control how others could use or exploit their invention or innovation. At present, the software, in many cases, is released under what's widely known as an 'Open-Source License,' which corresponds to the idea that anyone can view and modify the source code of a particular piece of software. As part of an open-source license, the owner of the software releases his source code so that it can be modified or altered without the need to request his permission. If a business company releases its software via open-source licensing, it can limit the company's ability to assert its Patent Rights. In this case, it becomes essential to note that the decision to go ahead with open-source licensing should not prevent the software owner from seeking Patent Protection. When business companies and firms release open-source software, it is also possible to grant patent licenses to the individual or third party receiving the software. In that scenario, the original owner of the patent may have little to no control over the individual or third party who is granted a license.
Open-source patents combine the concept of traditional patents and open-source licensing.