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Defensive Patent License

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What this article documents is not a solution.
For information of the risks of putting too much work into these, see duds and non-solutions. See also: Abolition is the only solution.

The Defensive Patent License (DPL) is a project being worked on by Jason Schultz and Jennifer Urban, two law professors at UC Berkeley. It was first publicly discussed at a conference on May 7th 2010. Despite the name, it proposes a membership organisation, not a licence.



None of the details are finalised, but points being discussed include:[1]

  1. Member companies would have to commit all their patents. Not just a chosen set, not just the patents of one department/affiliate of the company. (This aspect is still the subject of a lot of discussion)
  2. Members give all other members an irrevocable licence to freely use their patents.
  3. Members can leave, but this would not cancel the licences already granted during their membership.

Related pages on en.swpat.org

External links


  1. http://www.networkworld.com/community/blog/defensive-patent-license-makes-patents-less-e

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