Do open hardware licenses prevent patents (globally)?

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Discussion Overview

The discussion revolves around the implications of open hardware licenses on patentability, specifically whether filing an object under such a license prevents others from patenting similar inventions. Participants explore the duration of open hardware licenses and the relationship between public domain and patent rights.

Discussion Character

  • Debate/contested

Main Points Raised

  • One participant questions whether it is possible to patent an object that has been filed under an open hardware license, expressing uncertainty about the legal implications.
  • Another participant asserts that you cannot patent something that is already in the public domain, suggesting that open hardware licenses may place items in that category.
  • A later reply indicates that while it might be possible to patent under certain limitations, the information available is not comprehensive and varies widely.
  • Additional resources are suggested for further information on patent law, including links to the US Patent and Trademark Office and the Patent Cooperation Treaty.

Areas of Agreement / Disagreement

Participants express differing views on the relationship between open hardware licenses and patentability, with no consensus reached on the legal implications or the specifics of the licenses.

Contextual Notes

Limitations in the discussion include a lack of detailed legal definitions and the complexity of patent law, which may vary by jurisdiction.

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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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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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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