Patent Attorney and Founder
Innovation often happens in collaboration rather than isolation, particularly in the rapidly evolving tech environment we are in. Open source and patent pools are ways that many independent inventors, businesses, corporations, and start-ups collaborate and share information and technology. These unique methods also allow parties to protect their intellectual property (IP).
It can be complicated to determine how your IP is affected by open-source software and how patent pools can be used to benefit your IP goals. The team at Bold Patents can help. We have spent years helping innovators and business owners collaborate for increased innovation while successfully addressing patent law and protection.
We can help you whether you are developing open-source code and software or are involved in a patent pool. Let us help protect your rights.
Understanding Open-Source Technology and Patent Pools
What Is Open Source?
Open-source software and other technology enable developers to collaborate and thrive, sharing code and reaching solutions more efficiently. This process can, however, make IP rights more confusing, including each party’s abilities to license their IP and enforce their patent rights.
There are many significant projects that began and innovated due to open-source tech in many varying types of companies, including:
- Large company: Open-source system Linux was used to build Google’s Android operating system (OS).
- Medium company: Red Hat Enterprise Linux is a commercial open-source distribution that offers paid services relating to open-source software.
- Start-up: OpenAI work contributed to machine learning models, while DeepSeek is an open-source model for machine learning.
- Independent inventor: GitHub independent innovators and developers collaborate and create software tools that are widely used.
What Is a Patent Pool?
A patent pool occurs when multiple patent holders have a mutually beneficial agreement to share patents with each other or third parties in a licensing arrangement. This can improve innovation in the industry, help technology evolve more effectively, and reduce legal risks.
There are many patent pools, including:
- Large company: MPEG LA pooled patents for video codecs for use throughout the industry.
- Medium company: Tesla pledged to open its patents, which further encouraged the growth and innovation of electric vehicles. This opened 362 patents. From 2012 to 2016, 90.4% of Tesla’s worldwide patent filings were green-vehicle-related patents, which was one of the highest percentages compared to its competitors, leaving the company tied for first with market share percentage.
- Start-up: RISC-V International is a project that promotes open-source standard instruction set architecture.
- Independent inventor: Many inventors contribute patents to shared pools, furthering innovation in those industries.
Open-Source Tech, Patent Pools, and the Patent Process
- Patent search and prior art reviews
An art search and patent search determine if your invention has been made or disclosed before, determining if your creation is novel and, therefore, patentable. The search looks over patent pools, existing patents, and disclosed information. The process also involves ensuring that getting a patent is in compliance with open-source licenses.
- Patent application drafting
Your patent application should protect your innovation without infringing on the compatibility of the invention with open-source technology, balancing the protection of your innovation with the public benefit of your creation. The licensing terms should fit with any agreed-upon open-source terms.
- Filing the application and ensuring compliance
It’s important to follow the U.S. Patent and Trademark Office (USPTO) protocols, as well as global protection while meeting the requirements of open-source technology.
- Licensing the patent and patent pools
Once you have secured a patent, it’s important you review your options for joining patent pools, dual licensing of your patent, and how it contributes to open-source projects.
- Patent infringement and rights defense
It’s important to protect your patent rights without crossing over the bounds of open-source agreements and patent pools. Cross-licensing agreements are one option for minimizing conflicts and protecting your rights in open-source communities.
- Monetization of patents, innovation, and growth
The benefits you can secure from your patent include royalty-free or revenue-generating licensing agreements, partnering with inventors and companies, and developing systems that combine open-source and proprietary information and models.
Why Is It Important to Work With a Patent Attorney for Open Source and Patent Pools?
It is complicated to navigate the process of patenting innovations in open-course ecosystems, and there are several unique challenges that visionaries may deal with, including:
- Balancing protecting your patent’s value while supporting communal and open-source goals.
- Understanding how different open-source licenses can impact the enforcement of your patent.
- Navigating legal risks, including from patent trolls and conflicting rights to the project.
- Maximizing the benefits of participation in patent pools.
The team at Bold Patents can help you navigate this balance. Our patent attorneys can help you protect your creation while securing the benefits of collaboration.
FAQs
Can a Patent Be Open Source?
A patented invention could also be open source. Patents and open-source licensing are not mutually exclusive, although open-source software licensure can affect the patent application process and can sometimes restrict an individual’s ability to apply for a patent.
Patents are frequently used to protect other inventions, such as the underlying systems on which open-source code is built. In this case, open-source licensing impacts the code itself, while patents address software methods and algorithms.
What Is the Difference Between Open Source and a Patented Invention?
A patented invention gives the patent holder the rights to prevent other parties from making, using, selling, and offering to sell the invention, while open-source licenses give broad rights to view, use, modify, and distribute the software to which it applies. This does not automatically mean that open-source licensed software cannot be patented, although it can complicate the process and the protections a patent provides.
What Is Meant by Patent Pooling?
Patent pools are agreements between patent owners to license their patents to each other or to a third party. There may be only two or multiple patent owners in a patent pool, and there may be one or more patents from each party. Typically, patent pooling is done between patent holders with inventions in similar fields and technologies, making their patents complementary. This can help develop the technologies more efficiently and with better solutions.
What Ideas Cannot Be Patented?
The USPTO lists certain things that cannot be patented, including:
- Laws of nature
- Physical phenomena
- Abstract ideas and suggestions
- Inventions that only relate to atomic energy or nuclear material used in an atomic weapon
Additionally, an invention can’t be patented if it has been made and publicly disclosed before or if it is an obvious derivative of an existing invention.
Are You Ready to Protect and Distribute Your Innovation?
You shouldn’t navigate open-source licensing or patent pooling alone. Schedule a consultation with Bold Patents, and we can help you collaborate and innovate while protecting your creations.
Call our team or book a consultation and see how we can help.
Secure your rights to your bold innovation.