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.
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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
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
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
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