Patent concerns for open source users include:
1. How to avoid infringement claims
2. How to maintain use rights to code
3. How to protect a patent portfolio
Three methods of resolving patent issues include:
a. Patent license grants
A license may provide no express patent license, but imply such a license in the general license grant.
b. Patent retaliation clauses
The purpose of patent retaliation clauses is to prevent patent litigation against an open source licensee. A license may terminate if an open source user sues the licensor for patent infringement.
c. Warranties and indemnities
Whether to give or obtain warranties and indemnities depends on the associated risks.
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