Do open hardware licenses prevent patents (globally)?

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In summary, if you file an object under an open hardware license, it is possible for you or someone else to patent it or something similar to it. However, there may be limitations and the open hardware license may not last for a specific amount of time. It is recommended to seek advice from a lawyer for further clarification. The US Patent and Trademark Office and the World Intellectual Property Organization are good resources for information on patents.
  • #1
hb8yh8
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let's say I do file an object under an open hardware license
then either I or someone else wants to patent it or something really similar to it, would it be possible? also for how much time does the open hardware license last?

probably not the right forum where to ask this, probably I should look for a lawyer, but I'm too broke to afford one
 
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  • #2
You can't patent something that's already in the public domain.
 
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hb8yh8 said:
let's say I do file an object under an open hardware license
Welcome to PF.

What's an open hardware license?
 
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  • #4
berkeman said:
Welcome to PF.

What's an open hardware license?
https://www.oshwa.org/faq/#what-is-oshw

russ_watters said:
You can't patent something that's already in the public domain.
from their faqs, looks like it is possible but with some limitation, and the answer is not extensive
while looking on google, there's quite a mess of answer
 
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1. What is an open hardware license?

An open hardware license is a legal document that outlines the terms and conditions for the use, modification, and distribution of hardware designs. It promotes the concept of open source hardware, allowing anyone to access and modify the design for their own use or commercial purposes.

2. Do open hardware licenses prevent patents?

No, open hardware licenses do not prevent patents. While some open hardware licenses may include clauses that discourage or limit the use of patents, they cannot prevent someone from obtaining a patent for their own design. However, open hardware licenses do promote the sharing and collaboration of hardware designs, which can lead to the development of better and more innovative products.

3. Are open hardware licenses recognized globally?

Yes, open hardware licenses are recognized globally. Since they are legal documents, they are subject to the laws and regulations of each country. However, many open hardware licenses, such as the Creative Commons licenses, have been written to be applicable in multiple jurisdictions.

4. How do open hardware licenses protect the rights of creators?

Open hardware licenses protect the rights of creators by clearly stating the terms and conditions for the use, modification, and distribution of their designs. They also often include clauses that require attribution to the original creator and prohibit the use of the design for commercial purposes without permission.

5. Can open hardware licenses be revoked?

Yes, open hardware licenses can be revoked. If a creator decides to change the terms of their license or revoke it entirely, they can do so by releasing a new version of their design with a different license. However, this does not affect the rights of those who have already obtained and used the design under the previous license.

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