Open Source Patenting

Abstract

The open source and free software movements have used self-perpetuating copyright licenses to maintain open access to publicly distributed software. This model of licensing has now migrated to the field of biotechnology, where patents rather than copyrights dominate proprietary rights. Consequently, a model for open source patenting or free biotechnology presents a constellation of legal issues not typically found in previous open source licensing. This paper discusses several of these issues, including the nature of the rights transferred, the activities that may trigger the terms of the license, and the legal prohibitions on certain forms of licensing.

Keywords: open source, patents, licensing, intellectual property

JEL Classification: D23, D45, K19, K21, L43, O31, O32, 033