[Discuss] [Open Manufacturing] patent pools for defense of open source contributors

[Andrés Delgado]

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    What is the Defensive Patent License?

The Defensive Patent License ("DPL") is a new legal mechanism designed
to protect innovators by networking patents into powerful, mutually
beneficial legal shields that are 100% committed to defending innovation
and reducing patent litigation abuse.


    Why do we need the DPL?

The current patent system poses a growing threat to innovators. Broad
patents of often suspect quality can cripple legitimate competitors and
prevent new entrants? access to the marketplace. Patent trolls buy these
broad patents and use them to threaten everyone from large companies to
start-ups to municipalities and non-profits. The DPL provides a
calculated response to these threats by encouraging innovators to patent
for defensive purposes only and by keeping those patents reliably
defensive over time. The DPL accomplishes this by tying the patents to
royalty-free licenses that negate the ability of trolls to later
weaponize them against DPL users.


    How does the DPL work?

Innovators who opt into the DPL network pledge to forgo any patent
litigation against any other DPL user, except when asserting patents
defensively. In return, they are eligible to receive royalty-free
licenses from every other user?s portfolio. Anyone taking a license must
promise to put all of her patents under the DPL. In the event that the
patents are sold, DPL users must legally obligate the new owner to abide
by prior DPLs. If one ceases offering one?s patents under the DPL,
previous licensees keep their DPLs royalty-free, but the leaving user
may have her licenses converted from royalty-free to fair, reasonable,
and non-discriminatory terms (FRAND) at the discretion of the remaining
licensors.


    How does the DPL help?

With a broad strong network of reliably defensive patents at their
disposal, DPL users gain freedom to innovate. The DPL is also designed
to help limit lawsuit risks from patent trolls, as trolls are unlikely
to pursue acquisition and enforcement of patents that have been legally
obligated to defensive use and licensed to DPL users on a royalty-free
basis.


    What is DPL 1.0?

DPL 1.0 is the version of the DPL that is ready for active use. In the
future, we expect to consider adding a limited number of additional
?flavors? (like the Creative Commons licenses) ? if they would strongly
support important innovation models that need them ? but DPL 1.0 is the
foundational license.


    How did you design DPL 1.0?

We designed DPL 1.0 based on our original model license with input from
open innovators, technology entrepreneurs, and patent policy experts.
The license itself has had the benefit of over two years of review,
discussion, and language modifications, including excellent feedback
from our Working Group
<http://www.defensivepatentlicense.com/content/dpl-team#working-group>
and an impressive and extensive array of technologists, engineers, legal
scholars, open innovation practitioners, patent and licensing lawyers,
and investors. We are especially thankful to the technology community,
which has supported the DPL at every turn.


    Who is advising you?

We have assembled an Advisory Board
<http://www.defensivepatentlicense.com/content/dpl-team#advisory-board>
with tremendous depth and breadth of expertise in defensive patenting,
F/OSS licensing, tech patents, and open innovation to guide the DPL
Foundation. We are very grateful for their advice and guidance.


    What is next?

We will be launching the DPL in November, 2014 - more information will
be coming soon.

We are also creating a 501(c)(3) that will be the home of the DPL and
will oversee the evolution of the license and facilitate its adoption
and use. It will also maintain a resource listing DPL Users and their
patents.


    How do I start using the DPL?

/Take a stand against patent abuse!/ To commit to defensiveness and
license your patents under the DPL, follow these steps:

1. Email defensivepatent at gmail.com <mailto:defensivepatent at gmail.com>
with a message that declares your commitment to offer a license to your
patents under the current version of the DPL (or your future patents if
you do not currently have any). Be sure to include your current contact
information for licensing purposes.

*and*

2. Post your commitment (including your contact information) on a
publicly accessible website that you control, and that is indexed. The
commitment should be locatable for anyone searching for it -- when
posting the commitment, use a URL accessible via at least the following
syntax: http://www.NAME.com/DPL or
http://www.NAME.com/defensivepatentlicense where "NAME" is a name
commonly associated with you as a Licensor, such as a company name
website. These requirements can be found in the DPL's "Offering
Announcement" section.

 


      Disclaimer:

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asked questions (FAQs), and other information, is for informational
purposes only.  It is not legal advice.  It is not a substitute for
individualized legal advice and may not cover important issues that
affect you.  We strongly urge that you talk to a lawyer about your
specific legal rights and options.

Using this website or sending us email does not create an
attorney-client relationship. The general legal information is provided
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resulting from its use.

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Atentamente,

Andrés Delgado
http://andres.delgado.ec
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