Open Source and Patent Rights

By: Josh Sloat

Collaboration with Consequences

How does the use of or contribution to open-source software impact your intellectual property rights? 

​In this month's episode, we’re talking about software and the convoluted risk/reward interplay between patents, copyrights, and open source. Use of free open-source code can be an invaluable tool when building complex software applications. Why reinvent wheels? And depending on resources and budget, sometimes it’s the only practical way. But like with most things, free often isn’t really free. The cost is just transferred somewhere else. When it comes to open source, these short term savings can have significant long term consequences for your intellectual property rights. 

• ​​Can you mix open source with commercial software and still keep your code private?
• Can you patent your own software that uses open-source software? If so, could you ever actually assert those rights?
• Can you patent open-source software you author and why would you?

​We'll discuss answers to these questions and more. Kristen Hansen, Patent Strategist and software patent guru here at Aurora, leads a discussion along with our all star patent panel, exploring:

• The fundamentals of open-source licensing and how certain viral license types can require you to publicly make available your company’s source code.
  
• How copyrights, patents, and open-source licenses differ in terms of software protection strategies.
  
• And whether or not – and why you might – patent open-source software and the often proprietary code that leverages it, as well as the associated patent right assertion risks that can come with doing so.

​We look at concerns through the eyes of both users and authors of open source. And pragmatically as we can, highlight how it’s possible to construct a strategy where open-source innovation is encouraged without forgoing all future earning power and without blocking others from using it. 

Kristen has worked both as a Software Engineer and a Software Patent Agent for the last two decades. She has worked closely with software inventors from Big Tech Valley giants looking to utilize open-source software, while still maintaining their assertable patent portfolios. We couldn’t think of a better person to lead this conversation! Kristen is also joined today by our always exceptional group of IP experts including:

• Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora 
• Dr. David Jackrel, President of Jackrel Consulting 
• Ty Davis, Patent Strategy Associate at Aurora

Availability

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

Resources

​Related Episodes

• Software Patents: Protecting Your Digital Innovations
• Google v. Oracle: The Future of Software and Fair Use
• Prenuptial Patenting: Responsible Engagement with Engineering Firms
• Into the Patentverse Vol. 1: Web 3.0, Blockchain, Cryptocurrency, and NFTs
• Into the Patentverse Vol. 2: AR, VR, and Virtual Infringement in the Metaverse

Transcripts​
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