this post was submitted on 27 Oct 2024
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As long as you control the patent, you're the one who determines who can make it. I'm not sure if there's a license that provides a boilerplate version of that, but it's certainly something you'd be allowed to do with your patent.
That doesn't really have the same rigidity. There would be no guarantee for others that it would remain available to them as long as they adhere to those principles.
Said another way, a bad faith actor could create a patent and make it available to FOS developers, but then turn around and sell that patent to someone who will charge those same developers.
I suppose you could have a third legally binding document that stipulates the terms of use, but kinda wish it was just handled under the patent.
Just don’t take a patent license anything that isn’t perpetual. The new owner can’t unilaterally change the contract.