Depending on the Open Source License you implement, patents may not be accounted for as an express patent grant. In those cases, a project may elect to instead offer a patent promise. In this video, John discusses the important differences between a patent grant and a promise to not enforce patent rights.
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- [Voiceover] A patent grant is an expressed grant…of all rights incident to a patent…which are to make, use,…and sell an invention.…There's another concept known as a Patent Promise.…It's important to note that a promise itself…does not make a contract,…rather, there needs to be a bargain for exchange…supported by some consideration.…In the absence of a contract,…a promise can be revoked at any time.…An example of a Patent Promise can be found on Red Hat site.…The reason why a Patent Promise is necessary…with Red Hat Linux is…because the underlying source code…is licensed under the GPL Version 1 license…which never addressed patent issues.…
Another example of a Patent Promise can be found…in the GitHub repository for the dotnet course CLR project.…In that repository, there are two files:…LICENSE.TXT and PATENTS.TXT.…LICENSE.TXT…contains the text of the MIT license.…PATENTS.TXT…contains a rather lengthy description…of a Patent Promise.…The Microsoft Core CLR project represents a curious…and disconnected combination of a license,…
This is not a coding course. Rather, it's an exploration of the legal and business aspects of open-source software licensing—including topics such as contributor agreements and patent licenses. The major open-source licenses (GPL, MIT, and Apache) are covered in depth, and John also provides an overview of establishing a business entity for your software project: a key factor in the ongoing success of many open-source communities.
- What is a license?
- What is a software license?
- Understanding the principles of open source
- Exploring the three basic licenses: GPL, MIT, and Apache
- Choosing the right open-source license
- Working with Creative Commons
- Dual licensing
- Granting contributor license agreements
- Establishing a legal business entity for your development project