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Open Source Patent License Template for United States

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Key Requirements PROMPT example:

Open Source Patent License

"I need an Open Source Patent License for our AI algorithm patents that allows free use by academic researchers while ensuring commercial users must obtain additional permissions, with the license becoming effective from March 2025."

Document background
The Open Source Patent License addresses the growing need to make patented technologies freely available while maintaining legal protections. It's particularly relevant when organizations want to contribute patented innovations to the open source community while ensuring proper usage and preventing potential abuse. This document type, governed by U.S. patent and contract law, typically includes comprehensive terms for patent rights, usage conditions, and protective measures. It's especially useful for technology companies, research institutions, and organizations participating in open source initiatives who need to balance innovation sharing with intellectual property protection.
Suggested Sections

1. Parties: Identification of licensor and potential licensees

2. Background: Context of the patent(s) and purpose of the open source license

3. Definitions: Key terms including Licensed Patents, Licensed Products, etc.

4. Grant of Rights: Scope of patent license grant and conditions

5. License Conditions: Terms and conditions for using the licensed patents

6. Term and Termination: Duration of license and termination conditions

7. Warranties and Disclaimers: Standard warranty disclaimers and limitations

Optional Sections

1. Patent Marking: Requirements for marking products, use when physical products are involved

2. Grant-Back Provisions: Terms for improvements made by licensees, use when innovation collaboration is desired

3. Defense Provisions: Patent litigation and defense terms, use when litigation risk is high

4. Contribution Process: Process for contributing improvements, use in collaborative development contexts

Suggested Schedules

1. Schedule of Licensed Patents: List of patents covered by the license

2. Compatible License Terms: List of other open source licenses compatible with this license

3. Notice Text: Required notices and attributions

4. Patent Claims Schedule: Detailed description of covered patent claims

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Federal Patent Law: Primary US patent legislation including Patent Act (35 U.S.C.), America Invents Act (AIA), and Patent Cooperation Treaty (PCT) implementation

Antitrust Laws: Competition regulations including Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act that affect patent licensing

Contract Law: State-specific contract laws, Uniform Commercial Code (UCC), and common law principles governing contract formation and enforcement

Intellectual Property Laws: Related IP regulations including Copyright Act, Trade Secret Laws, and Trademark Laws that may affect the patent license

Open Source Compliance: Open Source Definition (OSD) compliance requirements, patent exhaustion doctrine, and patent misuse doctrine

International Treaties: International agreements including TRIPS Agreement, Paris Convention, and Patent Cooperation Treaty affecting patent rights

Patent Grant Scope: Legal principles defining the extent and limitations of the patent rights being licensed

License Termination: Legal requirements and conditions for terminating the patent license

Warranty and Liability: Legal principles governing warranty disclaimers and liability limitations in patent licenses

Defense Provisions: Legal mechanisms for protecting the license agreement and responding to patent litigation

Grant-back Rights: Provisions regarding improvements or modifications to the licensed patent

Sublicensing Rights: Legal framework governing the ability to sublicense the patent to third parties

Patent Marking: Legal requirements for marking products with patent numbers and other patent-related notices

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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