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Patentleft is the practice of licensing
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
s (especially
biological patent A biological patent is a patent on an invention in the field of biology that by law allows the patent holder to exclude others from making, using, selling, or importing the protected invention for a limited period of time. The scope and reach of ...
s) for
royalty Royalty may refer to: * Any individual monarch, such as a king, queen, emperor, empress, etc. * Royal family, the immediate family of a king or queen regnant, and sometimes his or her extended family * Royalty payment for use of such things as int ...
-free use, on the condition that adopters license related improvements they develop under the same terms. Copyleft-style licensors seek "continuous growth of a universally accessible technology commons" from which they, and others, will benefit. ''Patentleft'' is analogous to
copyleft Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, ...
, a license that allows distribution of a
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
ed work and derived works, but only under the same or equivalent terms.


Uses

The
Biological Innovation for Open Society BiOS (Biological Open Source/Biological Innovation for Open Society) is an international initiative to foster innovation and freedom to operate in the biological sciences. BiOS was officially launched on 10 February 2005 by Cambia, an independent ...
(BiOS) project implemented a patentleft system to encourage re-contribution and collaborative innovation of their technology. BiOS holds patented technology for transferring genes in plants, and licenses the technology under the terms that, if a license holder improves the gene transfer tool and patents the improvement, then their improvement must be made available to all the other license holders. The open patent idea is designed to be practiced by
consortia A consortium (plural: consortia) is an association of two or more individuals, companies, organizations or governments (or any combination of these entities) with the objective of participating in a common activity or pooling their resources for ...
of research-oriented companies and increasingly by
standards bodies A standards organization, standards body, standards developing organization (SDO), or standards setting organization (SSO) is an organization whose primary function is developing, coordinating, promulgating, revising, amending, reissuing, interpr ...
. These also commonly use open trademark methods to ensure some compliance with a suite of compatibility tests, e.g.
Java Java (; id, Jawa, ; jv, ꦗꦮ; su, ) is one of the Greater Sunda Islands in Indonesia. It is bordered by the Indian Ocean to the south and the Java Sea to the north. With a population of 151.6 million people, Java is the world's List ...
,
X/Open X/Open group (also known as the Open Group for Unix Systems and incorporated in 1987 as X/Open Company, Ltd.) was a consortium founded by several European UNIX systems manufacturers in 1984 to identify and promote open standards in the field of info ...
both of which forbid the use of the mark by the non-compliant. On October 12, 2001 the
Free Software Foundation The Free Software Foundation (FSF) is a 501(c)#501(c)(3), 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985, to support the free software movement, with the organization's preference for software being distributed ...
and Finite State Machine Labs Inc. (FSMLabs) announced a
GPL The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general us ...
-compliant open-patent license for FSMLabs'
software patent A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, u ...
, . Titled the Open RTLinux patent license Version 2, it provides for usage of this patent in accordance with the GPL.FSF/FSMLabs press release for the RTLinux Open Patent License
October 12, 2001.


See also

*
Copyleft Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, ...
*
Gratis versus libre The English adjective ''free'' is commonly used in one of two meanings: "at no monetary cost" (''gratis'') and "with little or no restriction" (''libre''). This ambiguity of ''free'' can cause issues where the distinction is important, as it ...
* Open content *
Open Invention Network Open Invention Network (OIN) is a company that acquires patents and licenses them royalty-free to its community members who, in turn, agree not to assert their own patents against Linux and Linux-related systems and applications. History The co ...
*
Open Patent Alliance The Open Patent Alliance is a patent pool that was announced on June 9, 2008, for owners and claimants of patents and intellectual property related to the WiMAX standard. The inaugural members include Alcatel-Lucent, Cisco Systems, Clearwire, Intel, ...
*
Open source Open source is source code that is made freely available for possible modification and redistribution. Products include permission to use the source code, design documents, or content of the product. The open-source model is a decentralized sof ...
*
Patent troll In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or ...
*
Public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
*
Software patent A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, u ...
*
Viral license Viral license is an alternative name for copyleft licenses, especially the GPL, that allows derivative works only when permissions are preserved in modified versions of the work. Copyleft licenses include several common open-source and free co ...


References


Further reading

* * — Richard Stallman criticizes patentleft because of cost of applying for patents


External links

* https://wiki.p2pfoundation.net/Patentleft
Open Hardware Licenses

Standardized Terms and Conditions For Open Patenting

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Patent law Libre culture Intellectual property law Copyleft Free culture movement {{law-stub