Patents and Open Source

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Patents and Open Source / A presentation by Dr. Kalyan C Kankanala

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Patents and Open Source

  1. 1. Patents and Open Source By Dr. Kalyan C. Kankanala kalyan@bananaip.com www.bananaip.com Blog: www.bananaip.com/sinapse-blog
  2. 2. Copyright, BananaIP, 2011. Patentability of Software • India • Europe • USA
  3. 3. Copyright, BananaIP, 2011. Patent Rights • Make • Use • Sell • Offer for Sale • Import
  4. 4. Copyright, BananaIP, 2011. Patent Risks • Developer • Third Party
  5. 5. Copyright, BananaIP, 2011. Patent Infringement •Claims •Construction •Comparison •Analysis
  6. 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. 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. 8. Copyright, BananaIP, 2011. Microsoft's announcement • 238 patents • Linux • Enforcement
  9. 9. Copyright, BananaIP, 2011. Redhat v. Firestar • Hibernate 3.0 • Implementation • Settlement
  10. 10. Copyright, BananaIP, 2011. Microsoft V. TomTom • Security systems in automobiles • Linux implementation • Patent suit and Counter- suit • Settlement
  11. 11. Copyright, BananaIP, 2011. Open Invention Network • Linux system • Pool of patents for use • No patent assertion
  12. 12. Copyright, BananaIP, 2011. Open Patent • Patent license • Re-license improvement • Free to use
  13. 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. 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. 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. 16. Thank You. For more information: http: www.bananaip.com/sinapse-blog

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