The following list is a compilation of the most common questions we receive from prospective members, from all over the world.
If you have a question that is not answered here, or elsewhere on our website, please email info@openinventionnetwork.com.
The OIN license is a reciprocal arrangement. In other words, OIN community members agree that they will not assert their patents that read on the Linux System Definition against you, and you agree to do the same. All community members give up rights through the OIN license, but they get much more back through the OIN license from the 4000+ other community members.
Open Invention Network’s License Agreement is innovative in that it offers the same benefit to any, and all, participants including companies, organizations and individual developers. This includes founding members as well.
By signing the agreement and becoming part of the OIN Community, an entity is obligated to cross license its own patents that contain claims which read on core Linux/OSS functionality and not assert these patents against other OIN community members.
In return, OIN licensees receive the benefits of the cross license and the associated freedom from patent litigation related to their use of Open Source code.
Outside of signing the OIN License Agreement (addressed above), there are no ongoing obligations for members. In nearly 20 years, OIN has seen less than 0.1% of community members leave the organization, typically because of a Merger & Acquisition (M&A).
Yes. Ownership of patents is not a requirement to participate in the OIN licensee community and enjoy its benefits. OIN welcomes all organizations to join OIN, as this helps reinforce the community norm of keeping core Linux and adjacent Open Source technologies protected from patent litigation.
As of November 2024, OIN community members represent 20 industries, and all 11 business sectors based on the Global Industry Classification Standard (GISC). Furthermore, 11 of the world’s largest Open Source companies are OIN community members; OIN community members represent nearly 160 of the world’s 195 countries; the world’s Top 6 holders of patents and patent applications in Generative AI technologies are members and 4 of the Top 7 patent filers in China are OIN community members and 24 Greater China OIN members hold more than 176K worldwide patents.
The OIN community owns more than 3 million patents and applications. OIN community members receive access to Linux System patents through a cross-licensing commitment whereby OIN members agree they will not sue each other in the Linux System.
Open Invention Network’s Technical Committee works with the broader Open Source community, including key OSS project leaders, to identify core Open Source project code suitable for inclusion in its Linux System Definition, which comprises several thousand discrete elements of code that, taken together, establish the scope of the OIN cross-license. To stay up to date with innovations in Open Source technologies and ensure the relevance and value of its cross-license, OIN periodically updates the Linux System Definition, typically on an 18-24-month cycle.
Open Invention Network employs a thoughtful and deliberate process to identify and review candidate packages nominated by key Open Source projects, individuals and organizations. These OSS packages are reviewed and evaluated based on the project from which they are drawn, the relative importance of the code to those supporting the project and producing products based thereon, and their history of adoption/use.
Given the importance of the Linux System Definition to OIN’s efficacy in enabling patent non-aggression in the core of Linux/OSS, OIN applies a conservative, consensus-driven approach to selecting package additions to the Linux System Definition.
As of June 2024, the Linux System contains more than 4,530 packages from a broad spectrum of organizations and groups representing a large share of the body of existing, de-facto standard Open Source projects. Almost all packages are basic platform-independent functions of modern computer systems. They cover the essential building blocks of today’s Linux platforms from embedded computers to mobile phones and cars and are used in a wide variety of devices. Main technology areas of software packages include, but are not limited to, common base packages (used in most Linux configurations), software engineering, enterprise computing, mobile, networking and security, cloud computing, web applications, containers, configuration management, software development, hardware development, automotive and embedded systems.
The chances are that even if you do not think your company is using much OSS code, it is quite likely that if your products are at all software-centric then there will be a significant Linux/OSS component. In fact, if you are a hardware company, you will quite likely become increasingly reliant on software in the future and, as such, before too long will use copious amounts of OSS code. In so doing, you will want to have access to patent protection from the OIN license to support your inevitable adoption of core OSS Code.
Absolutely. You may be surprised to learn that nearly every electronic touch today is powered by Linux and/or Open Source technology, whether we realize it or not. Google. Smart cars. Chromebooks. Android. Streetlights. Social networks. Cloud and data storage. Video conferencing. ATMs. Bitcoin. Amazon. The New York Stock Exchange (NYSE). There are countless other examples.
If your company believes in collaboration, realizes the value of software development and innovation that comes from Open Source, and wants to be protected from the aggressive use of patents, your organization can join other OIN members that wish to publicly demonstrate their commitment and advocacy for both Open Source and patent non–aggression. Your organization will join a community of leading, global companies in the OSS movement.
If they are not already doing so, many companies in India and Europe aspire to sell their products and services in other geographies. Many of these regions openly support the grant of software patents and, as a result, the potential for litigation in these regions is significant. Joining Open Invention Network’s community will help to reduce organizations’ exposure to patent risk as they market worldwide. In addition to the core benefits associated with the OIN license, these entities will benefit through publicly demonstrating their commitment to Open Source, and associated patent non-aggression advocacy, which can aid in attracting top software developer talent and contribute to employee retention. OIN is, at its core, promulgating a set of behavioral norms and code of conduct around how one participates as a citizen of the OSS Community. In fact, the OIN license and community participation is central to how an organization innovates and establishes a clear identity in an increasingly OSS-centric world.
This will depend on the specific situation and the structure of the transaction in which your business is acquired. If the acquiring company obtains more than 50%of the equity in your company (typically defined as a control position), then the parent acquirer becomes subject to the OIN license and, as such, will receive the license’s benefits and protections.
As of November 2024, Open Invention Network has 15 industries highlighted on its website and showcases members in each industry. This section of the website is dynamic, with new content and members frequently added. OIN also has a Community Member Listing on the website, which can be sorted by industry or by region.
For offsetting Intellectual Property (IP) risk in today’s complex computing environment, where vendors are systems integrators of layered technology solutions, indemnities should not be your only protection. Indemnification is an insurance like product and therefore is designed to limit a vendor’s liability. As constructed in today’s software market, indemnities may limit a vendor’s total liability to a certain monetary amount, are limited in the timeframes that are covered and are limited in the software that is covered. More specifically, indemnities may only cover vendor-branded software, and third-party, open source software that you use may not be covered by the indemnity. Further, indemnities often exclude any combinations with the products or software of others. You are relying on a third party to protect you, instead of taking proactive and direct to minimize your risk profile.
Rather than rely solely on indemnification, it is prudent to be proactive and take advantage of OIN’s license and, in so doing, participate in the largest patent non-aggression community in history. With 4,000 members including the most sophisticated patent-rich companies in the world already, you will be in good company.
Yes. OIN partners with the Linux Foundation, Microsoft, Meta, & Mercedes-Benz by funding the Unified Patents’ OS Zone to address the risks of Patent Assertion Entities (PAEs). OIN supports key Open Source projects, including Automotive Grade Linux (AGL), Hyperledger, Cloud Native Computing Foundation, LF Networking, LF Energy & Open Charge Alliance. OIN leverages its relationships to collect and share prior art to help OIN community members defend their inventions. We’ve assisted members with over 65 cases. In this way, OIN offers community members support in the event they get targeted by a PAE or Non-Practicing Entity (NPE) with patent infringement claims or litigation.
- OIN Reduces Patent Risks — OIN safeguards our members from patent risk associated with the use of Open Source Software (OSS).
- OIN Provides & Assistance Against Patent Assertion Entities (PAEs) or Non-Practicing Entities (NPEs), Helping Reduce Potential Litigation Expenses from attacks — Not only does OIN support members and those under attack from patent aggressors, but we also challenge patent applications as appropriate and leverage our relationships to collect and share prior art when needed.
- OIN Offers Customer & Partner Protection — With OIN membership, your customers and partners will rest assured about you and your products.
- OIN helps Attract Top Talent & Helps with Employee Retention — OIN membership demonstrates a company’s public commitment to Open Source technologies and the obligations required to be an authentic participant in a global Open Source community.
- OIN Community Membership enhances your company’s credibility and reputation & provides a unique OIN community insignia your company can use for its marketing and PR efforts! — Open Invention Network (OIN) is the only institution focused on mitigating patent risk in Open Source Software (OSS). OIN maintains the world’s largest and oldest patent cross license, which offers patent protection coverage defined by its Linux System Definition. By safeguarding against patent threats for nearly 20 years, OIN has encouraged the adoption of OSS which is the most significant driver of innovation in the 21st Century. Funded by Google, IBM/Red Hat, NEC, Philips, Sony, SUSE and Toyota, OIN has 4,000 global members. The OIN patent license and member cross licenses are available to any party that joins the OIN community.