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Open Source Patent License Template for Australia

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Key Requirements PROMPT example:

Open Source Patent License

"I need an Open Source Patent License under Australian law for my AI software patent (to be granted in March 2025), with specific provisions for commercial use and requiring users to contribute back any improvements."

Document background
This Open Source Patent License is designed for use when patent holders wish to make their patented technology freely available while maintaining certain open source principles and legal protections. It is particularly relevant in Australia's innovation ecosystem, where companies and individuals seek to promote open collaboration while protecting their intellectual property rights. The document addresses key requirements under the Patents Act 1990 (Cth) and related Australian legislation, while establishing clear terms for patent usage, modification rights, and distribution permissions. It is commonly used in technology sectors where patent holders want to encourage innovation and collaboration while maintaining some control over their intellectual property. The license includes essential provisions for patent marking, attribution requirements, and defensive termination clauses, making it suitable for both commercial and non-commercial applications in the Australian market.
Suggested Sections

1. Parties: Identification of the licensor (patent owner) and specification of licensees (typically 'any party who accepts this license')

2. Background: Context of the patent(s), the owner's commitment to open source principles, and purpose of the license

3. Definitions: Key terms including 'Patent Rights', 'Licensed Product', 'Derivative Works', 'Implementation', and other relevant terminology

4. Grant of License: Scope of patent rights granted, including making, using, selling, and importing licensed products

5. Open Source Obligations: Requirements for maintaining open source nature, including obligations to share improvements

6. No Warranty: Disclaimer of warranties regarding the patent rights and their implementation

7. Limitation of Liability: Limitations on licensor's liability for use of the patent rights

8. Term and Termination: Duration of the license and conditions for termination, including patent challenge provisions

9. Compliance with Laws: Obligation to comply with applicable laws and export regulations

10. General Provisions: Standard legal provisions including governing law, jurisdiction, and interpretation

Optional Sections

1. Contribution Requirements: Used when the license requires users to contribute back improvements or modifications

2. Commercial Use Provisions: Required when different terms apply to commercial versus non-commercial use

3. Patent Marking Requirements: Include when specific patent marking is required for licensed products

4. Defensive Termination: Include when license terminates if licensee initiates patent litigation

5. Sublicensing Rights: Include when sublicensing is permitted and under what conditions

6. Geographic Restrictions: Used when the license has territorial limitations

7. Industry-Specific Provisions: Include when license is targeted at specific industries with unique requirements

Suggested Schedules

1. Schedule 1 - Licensed Patents: List of specific patents and patent applications covered by the license

2. Schedule 2 - Technical Documentation: Technical details and implementation guidelines for the patented technology

3. Schedule 3 - Approved Form of Attribution: Required format for attribution and patent marking

4. Appendix A - Compatible Licenses: List of other open source licenses compatible with this license

5. Appendix B - Change Log: Record of modifications to the license terms and effective dates

Authors

Alex Denne

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

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Relevant Industries

Technology

Software Development

Manufacturing

Biotechnology

Telecommunications

Healthcare Technology

Clean Energy

Artificial Intelligence

Internet of Things

Research and Development

Education

Open Source Technology

Relevant Teams

Legal

Intellectual Property

Research and Development

Software Development

Product Development

Innovation

Technology Transfer

Open Source Program Office

Patent Operations

Corporate Strategy

Relevant Roles

Chief Technology Officer

Patent Attorney

Intellectual Property Counsel

Legal Counsel

Research Director

Innovation Manager

Software Development Manager

Chief Legal Officer

Technology Licensing Manager

Open Source Program Manager

Patent Portfolio Manager

Research Scientist

Product Development Director

Chief Innovation Officer

Industries





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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