Do open hardware licenses prevent patents (globally)?

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SUMMARY

Open hardware licenses do not prevent patents on inventions that are already in the public domain. If an object is filed under an open hardware license, it cannot be patented by anyone, including the original creator. However, there are limitations regarding what can be patented if the object is similar but not identical. The duration of open hardware licenses is not explicitly defined in the discussion, indicating a need for further research on specific licenses.

PREREQUISITES
  • Understanding of open hardware licenses, specifically the Open Source Hardware Association (OSHWA) guidelines.
  • Familiarity with patent law and public domain concepts.
  • Knowledge of the United States Patent and Trademark Office (USPTO) processes.
  • Awareness of the Patent Cooperation Treaty (PCT) for international patent applications.
NEXT STEPS
  • Research the specific terms and conditions of various open hardware licenses.
  • Study the implications of public domain status on patentability.
  • Explore the resources provided by the USPTO for patent filing and regulations.
  • Investigate the Patent Cooperation Treaty (PCT) and its impact on international patent applications.
USEFUL FOR

Inventors, hardware developers, legal professionals, and anyone interested in the intersection of open hardware and patent law.

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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