Can Patents and Open Source Co-exist?


Can anyone help me out with a simple query that can i use a Open-Source Software and Open-Source Hardware like Raspberry PI and Arduino to make a system with a software and Patent it?


Posted 2013-05-12T10:46:27.540

Reputation: 31



If you came up with something new and non-obvious and useful and claimed it in a way that is not abstract, you could certainly apply for and maybe get an issued patent even though your implementation was created from open source components.

While the open source licenses you operated under might require you to make the source code available, entirely separate would be your right to try to stop people from making, selling, using, etc. a system that infringed your patent, independent of how they implemented it.

Some future open source license might try to stop this by having FRAND provisions. I do not know how effective that might be.

George White

Posted 2013-05-12T10:46:27.540

Reputation: 21 648