My personal sample of Patent Provisions From
Relevant Licenses
(including non OSI-approved)
- Carlo Piana, Array -
Apache v.2
3. Grant of Patent License.
Subject to the terms and conditions of this License, each
Contributor hereby grants to You a perpetual, worldwide, nonexclusive, no-charge, royalty-free, irrevocable (except as stated in
this section) patent license to make, have made, use, offer to sell,
sell, import, and otherwise transfer the Work, where such license
applies only to those patent claims licensable by such Contributor
that are necessarily infringed by their Contribution(s) alone or by
combination of their Contribution(s) with the Work to which such
Contribution(s) was submitted. [...]
Academic Free License (or
Open Software License) 3.0
2) Grant of Patent License. Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, under
patent claims owned or controlled by the Licensor that are
embodied in the Original Work as furnished by the Licensor,
for the duration of the patents, to make, use, sell, offer for
sale, have made, and import the Original Work and
Derivative Works.
[This Academic Free License (the "License") applies to any
original work of authorship (the "Original Work") whose
owner (the "Licensor") has placed the following licensing
notice adjacent to the copyright notice for the Original Work:
MPL v.2
1.11. “Patent Claims” of a Contributor means any patent claim(s),
including without limitation, method, process, and apparatus
claims, in any patent Licensable by such Contributor that would be
infringed, but for the grant of the License, by the making, using,
selling, offering for sale, having made, import, or transfer of either
its Contributions or its Contributor Version.
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
[…] under Patent Claims of such Contributor to make, use, sell,
offer for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
GPL v3 (p. 1/2)
11. Patents.
A “contributor” is a copyright holder who authorizes use under this License of the
Program or a work on which the Program is based. The work thus licensed is
called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or controlled
by the contributor, whether already acquired or hereafter acquired, that would be
infringed by some manner, permitted by this License, of making, using, or selling
its contributor version, but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For purposes of this
definition, “control” includes the right to grant patent sublicenses in a manner
consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license
under the contributor's essential patent claims, to make, use, sell, offer for sale,
import and otherwise run, modify and propagate the contents of its contributor
version.
GPL v3 (p. 2/2)
In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated,
not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent
infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to
enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is
not available for anyone to copy, free of charge and under the terms of this License, through a publicly available
network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange,
in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients.
“Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered
work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable
patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring
conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work
authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you
grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may
not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing
software, under which you make payment to the third party based on the extent of your activity of conveying the work,
and under which the third party grants, to any of the parties who would receive the covered work from you, a
discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from
those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered
work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
CC0
4. Limitations and Disclaimers.
No trademark or patent rights held by Affirmer
are waived, abandoned, surrendered, licensed
or otherwise affected by this document.
Open Web Foundation Final
Specification Agreement
1. The Purpose of this Agreement. This Agreement sets forth the terms under which I make
certain copyright and patent rights available to you for your Permitted Uses of the Specification.
Capitalized terms are defined in the Agreement’s last section
3.1.1. The Promise. I, on behalf of myself and my successors in interest and assigns, irrevocably
promise not to assert my Granted Claims against you for your Permitted Uses, subject to the
terms and conditions of Section 3.1. This is a personal promise directly from me to you, and you
acknowledge as a condition of benefiting from it that no rights from me are received from
suppliers, distributors, or otherwise in connection with this promise. This promise also applies to
your Permitted Uses of any other specifications incorporating all required portions of the
Specification.
3.2. Patent License Commitment. In addition to rights granted in 3.1, on behalf of me and my
successors in interest and assigns, I agree to grant to you a no charge, royalty free license to my
Granted Claims on reasonable and non-discriminatory terms, where such license applies only to
those Granted Claims infringed by the implementation of the Specification, solely for your
Permitted Uses.
8.4. Granted Claims. "Granted Claims" are those patent claims that I own or control, including
those patent claims I acquire or control after the Date below, that are infringed by Permitted Uses.
Granted Claims include only those patent claims that are infringed by the implementation of any
portions of the Specification where the Specification describes the functionality causing the
infringement in detail and does not merely reference the functionality causing the infringement.
MXM (abandoned) license
1.11.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including
without limitation, method, process, and apparatus claims, in any patent.
1.14 “RAND Patent Pool” Reasonable And Non Discriminatory clauses as requested by ISO/IEC
when submitting a standard for approval and which have been chartered to a patent pool managed
by a licensing company.
2.1. General. This software has been developed as a reference implementation of ISO/IEC 23006.
The Initial Developer and Contributors hereby irrevocably covenant (“Patent Covenant”) not to assert
their Patent Claims over the Covered Code, regardless whether You have obtained a proper license
on said patents and as long as the other provisions of this license are respected, limited to any use
of this software in Source Code, excluding any distribution as Executable or execution through
runtime, debuggers or emulators. Patent Covenant is however extended to the compilation and use
of a compiled version (as Executable) of this software for study and evaluation purposes only, with
the exclusion of distribution of compiled code or any other commercial exploitation. By way of
clarification, this covenant does not limit in any way Your freedom to distribute the Covered Code
according to the remainder of the provisions of this license.
2.2. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to intellectual property claims by any party:
a.under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to
use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions
thereof) with or without Modifications, and/or as partof a Larger Work.
Contributor Grant (nearly identical)