This Open Source Patent License serves as a critical tool for organizations seeking to make their patented technologies freely available while maintaining certain open source principles and protections. The document is particularly useful for companies and institutions operating in Germany who wish to contribute to open innovation while working within the framework of German patent law and EU regulations. It includes comprehensive provisions for patent licensing, usage rights, and obligations, specifically structured to comply with German civil code (BGB) requirements and European patent conventions. The license is designed to be compatible with major open source software licenses while addressing the unique aspects of patent rights and their exploitation under German jurisdiction. This type of agreement is essential when organizations want to promote open innovation while maintaining some control over their patent portfolio and ensuring compliance with competition laws.
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1. Parties: Identification of the Licensor (patent holder) and definition of Licensees (as open source recipients)
2. Background: Context of the patent portfolio, commitment to open source principles, and purpose of the license
3. Definitions: Key terms including 'Patents', 'Licensed Technology', 'Derivative Works', 'Implementation', and other relevant open source concepts
4. Patent Grant: Core section defining the scope of patent rights granted, including make, use, sell, offer to sell, import, and sublicense rights
5. Open Source Conditions: Conditions maintaining the open source nature of the license, including requirements for sharing improvements
6. Term and Termination: Duration of the license and circumstances under which it may terminate
7. Representations and Warranties: Patent ownership warranties and disclaimer of other warranties
8. Limitation of Liability: Limitations on licensor's liability under German law
9. Miscellaneous: Standard provisions including governing law, jurisdiction, severability, and entire agreement
1. Defensive Termination: Optional provisions for termination if licensee initiates patent litigation - include when stronger patent peace is desired
2. Contributor License: Terms for handling patent rights in contributions - include when expecting community contributions
3. Patent Non-Assert: Additional non-assertion commitments - include for broader protection
4. Change of Control: Provisions addressing license survival after ownership changes - include for corporate licensors
5. Export Control: Compliance with export regulations - include if technology has potential export control implications
6. Standards Compliance: Obligations regarding standards bodies - include if patents relate to technical standards
1. Schedule A - Licensed Patents: List of specific patents and patent applications covered by the license
2. Schedule B - Technical Specification: Detailed technical description of the licensed technology and its implementation
3. Schedule C - Contribution Guidelines: Procedures and requirements for submitting contributions under the license
4. Appendix 1 - Notice Text: Required patent notice text to be included in distributions
5. Appendix 2 - Compatible Licenses: List of open source licenses deemed compatible with this patent license
Relevant legal definitions
Clauses
Relevant Industries
Software Development
Telecommunications
Semiconductor Industry
Artificial Intelligence
Internet of Things
Cloud Computing
Biotechnology
Hardware Manufacturing
Open Source Technology
Research & Development
Electronics
Digital Infrastructure
Relevant Teams
Legal
Intellectual Property
Research & Development
Software Development
Innovation
Standards and Compliance
Technology Transfer
Open Source Program Office
Patent Operations
Corporate Development
Relevant Roles
Chief Technology Officer
Patent Attorney
Legal Counsel
Intellectual Property Manager
Open Source Program Manager
Innovation Director
Research & Development Director
Software Development Manager
Chief Legal Officer
Technology Licensing Manager
Patent Portfolio Manager
Standards Compliance Officer
Chief Innovation Officer
Senior Patent Counsel
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