I want to start a topic on Intellectual Property to inquire about the limitations involved with applying for a patent with a website that has been partially built on Magento 2.2x.
We are looking to apply for a utility patent of our site’s process that has used Magento headless (meaning the default UI generated by Magento is not used) and has been modified and customized. Specifically if it matters -although products are entered into Magento’s database, they are served via the API and then to the Angular JS layer that presents them in our specific format for UI specifications. All operations are set to Magento via the Node JS layer.
Since it is an open source software, Magento lets you download, modify, use and developers can even modify and customize the software and distribute their own derivative works under the OSL 3.0 License.
However later in the fine print it goes on to say:
1) United States copyright law and patent law may protect various software, programming and scripts in use by Magento.
2) Text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts and all products sold and services offered are protected by United States and International Copyright Laws and Treaties, and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of Magento.
Please share any information, if there any restrictions or limitations or if other have successfully registered a utility patent using the open source code!
Thank you
Hi @ofpoison _llc ,
I guess the first step should be reading here https://magento.com/legal/terms
Also, I remember an email address: legal@magento.com (but since I never needed I'm not sure).
If not, maybe @sherrie can point us in the right direction.
Hi @ofpoison _llc, we can’t counsel third parties on IP limitations of Magento Open Source or whether it is possible to successfully register/issue a utility patent on open source software.
You will need to retain your own legal counsel for this.