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If the software you license under the GPLv3 (or any artistic/creative commons license) can be discovered as prior art for an undisclosed invention, then it will absolutely prevent you from obtaining a patent. Your first action should be to get your priority date: file a provisional patent and supply important parts of the source code in that, along with the ...


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This kind of thing was previously considered patent eligible (and some examples were found to be novel and non-obvious and granted patents) but they aren't considered patent eligible any longer. A somewhat well known patent 6,128,415 of Polaroid's - "Device profiles for use in a digital image processing system", that covers a data structure for a profile ...


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However, since this licence forces the developer to give away his/her patents related to the stack will the licence actually prevent me from applying for and getting a possible patent for an implementation of my stack? No, releasing under GPLv3 will not directly prevent you from applying for and obtaining a patent. If the GPLv3 patent clauses turn out to ...


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Getting a patent, itself, does not have anything to do with your potential infringement of some other patent. Having a patent gives you the right to try to stop others from violating your patent; it does not magically dissolve anyone else’s patent rights. There is a good chance that what you are thinking of as an "improved version" will infringe on the ...


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If your invention would be infringing on that other patent, then yes, you would have to obtain the rights or license from the patent owner to build or sell your invention. All a patent does is give you the rights to "exclude others from making, using, offering for sale, selling or importing [your] invention." But a patent does not guarantee you the right ...


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I am not a lawyer, but my opinion is that the data structure, as you describe it, would not be patentable. One requirement of a patent is inventiveness. I can see nothing inventive about storing data in a common data storage format. I suppose if you use the data or storage format in some unexpected way and gain an unexpected advantage, there might be a ...


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What would happened to such a license if the company gets sold? As your contract for that license would be with the company, nothing, the contract would get sold too, you would have the same rights as before. Could such a license exist independently of who owns the patent? Sure, that should be specified in the contract. So basically, if they want to ...


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Unlike most answers above which focus on a product patent,there is another type of patent that is called a process patent i.e. you are claiming a set of process steps that meet the requirements for grant of a patent. All the individual steps can be known steps, like the Open source code that you refer to to. Yet if the whole is structured in an non-obvious ...


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