Is it possible to patent a software product and simultaneously open-source it, or are both strategies mutually exclusive?

質問

Is it possible to patent our technology but then treat it like open-source and make it available for everybody? Under what circumstances would this be a good strategy?

I am asking with regards to the case of Tesla motors. Apparently they made the patents to their technology available to anybody who would want to use it. Does this mean that they renounce ownership in the intellectual property or does it mean that they retain the intellectual property but just allow anybody to use it without any fees? How is this a good strategy for a technology-driven company?

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回答: 2 public & 0 非公開

Lawrence lau
IPブローカー

Patent rights are granted for novel inventions reduced to practice whereas open-source is governed by copyright law (expression but not idea). Hence they are mutually exclusive but the copyleftist movement generally shy away from patented concepts (note under US law you have to mark your invention and give clear notice). The challenge comes in defining the boundaries of the software patent since software is fungible and thus, possible to work around (see Microsoft and their SMB protocol). Given the expense/limits of patents especially after the Alice decision, my question is whether you have thought about the business consequences?

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