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Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
D. Mazur
IP Dissemination Section Leader
Knowledge Transfer Group
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
But there are no software
patents !
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
When could patents be
relevant ? 1. Patent on a computer-implemented
invention.
2. Software will be used in a product / process
which is covered by a patent.
3. Third party patent rights.
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Overview
1. Short introduction to CERN KT
2. Licensing patents under a SW licence:
Maintenance of patents
Geographical extent
Licensing a patent application
3. Patents and open source licenses
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
KT at CERN
Maximize the technological
and knowledge return to
Society, specially in the
Member States
Promote CERN’s image as a
center of excellence for
technology
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Examples
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Licensing patents under a SW
licence
Copyright Patent
Registration No - Automatic Yes
Duration 50/70 years after death 20 years as of date of
filing
Geographical
extent
Worldwide (Bern
convention)
Decision (and
payment)
Costs No Procedural and
renewal costs
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Maintenance of patents
Maintenance and geographical extent is a choice which you want to freely make… and it comes at a cost.
Complications of joint ownership (SW & patents)
Licence safeguards:
- Freedom to abandon patent rights. Duty to inform ?
- Reference to regional / national patents
- Link between patent costs and licence fees (positive and negative)
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
10/13/2015 9
USA
Japan
EP
S. Korea
0 18 30 48 – 60
PCT
FR
DE
GB
84 - 240 Time
(months)
Publication
Licensing patent applications
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Patents in Open Source
Licences Types of clauses:
- Patent licences (explicit or implied)
- Retaliation clauses
Depending on «philosophy» of the licence:
permissive - copyleft
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Patent licence under GPL v.3
Article 11 – Patents
“Each contributor grants you a non-exclusive,
worldwide, royalty-free patent license under
the contributor's essential patent claims, to
make, use, sell, offer for sale, import and
otherwise run, modify and propagate the
contents of its contributor version.”
Combination with third party software !
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Patent retaliation under GPL
v.3 Article 10 – Automatic Licensing of
Downstream Recipients
“… you may not initiate litigation (including a
cross-claim or counterclaim in a lawsuit)
alleging that any patent claim is infringed by
making, using, selling, offering for sale, or
importing the Program or any portion of it.”
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
Patent Clauses in OS Licences -
Implications
• Conflict between open source licenses granted (maybe even without your knowledge) and patent licensing.
You have to make a choice !
• What if the recipients of your Open Source software don’t like the copyleft clauses imposed on them ?
Take it or leave it ?
Knowledge Transfer | Accelerating Innovation 2nd TTO Circle Workshop, Brussels, 29.09.2015
CERN Knowledge Transfer Group
cern.ch/kt
Tel. +41 22 767 2623
