Open Source software has received a lot of press over the years and remains a hotly debated topic. Although a great vehicle for fast, low-cost, efficient software development, Open Source, has left many companies wondering about Intellectual Property (IP) Issues, such as:

1. Are we letting a Trojan horse into our company, for which Open Source software may have “follow on” software that is not Open Source, but has planned IP on top of Open Source
2. How do we get leverage when we develop Open Source software so that we might develop IP, even though Open Source licenses seem to preclude this?
3. How do we ensure that what we put in Open Source doesn’t get patented by others later?
4. How can we develop “Proprietary” software and defend against the growing Open Source movement?
5. How do we educate our employees about using Open Source software and ensure that we do not “give away” any Trade Secrets, Business Models, or potential IP?
6. How do we develop a strategy to have the best of both worlds, that is, leveraging low-cost Open Source software while finding other areas for IP protection?

Open Source software provides leverage in a business, and it is not an “either or, use or not use” decision. By being strategic and proactive, we have found that:

1. It is possible to evaluate the Open Source software before use, to see whether there could be follow-on software that contains IP.
2. Client’s who use our Invention on Demand Process can get leverage to develop IP, even though an Open Source license seems to preclude this.
3. We reduce the risk that what is developed and put in Open Source doesn’t get patented by others later, through the proactive use of “enabled publications”.
4. We can develop proprietary software and defend against the growing Open Source movement, by using related inventions, such as business models, APIs, methods of loading or unloading the software, or user interface methods.
5. We provide customized education to employees who use Open Source, to ensure that they understand how not to “give away” Trade Secrets, Business Models, or other valuable IP.
6. We can develop an IP Strategy to have the best of both worlds, by leveraging Open Source software and related IP systematically. The IP Strategy would have to include the opportunities to direct and protect inventions that relate to the value chain use of the Open Source software.

For years, ipCG has been educating clients about ensuring that maximum advantage is obtained through use of Open Source software. Please contact us if you are experiencing concerns about Open Source matters.