Usage restrictions and rights

[jayburn00]

I'm working on a project right now and was considering using the Raspberry Pi in it. Its an invention, so I wanted to know if I can patent something that uses Raspberry Pi as a component. As I understand it, I can't copyright the software I develop in any way (if I am wrong about this, please correct me), but I don't know about whether I can patent an invention that uses the raspberry pi. Also, do I have to share the source code, or just the program once its developed? It doesn't matter as much regarding the software, but would still be useful, but I must know if I can patent an invention that uses the raspberry pi as a component.

[DeeJay]

Perhaps start with http://www.raspberrypi.org/trademark-rules and then follow up any outstanding issues via the email address given therein.

[W. H. Heydt]

As regards the software part...

Once you write the software, it *is* copyrighted. The real question becomes, what are the terms and conditions (the license) under which you allow people to use that software? If you use the GPL license, then you are obligated to either distribute source with object or at least make the source code available. You would still hold copyright, though, and it is through the copyright that you would stop others from profiting from your endeavors.

I suggest going and reading up on GPL. Groklaw would be a good place to start.

If you use some other license, then the conditions will be different, up to and including drafting your own license (though you *should* hire a legal professional to do it).

[Heater]

I would suggest you contact an intellectual property lawyer. Any legal advice offered here will only be of marginal value if it goes like the normal discussion on other forums I frequent.

It does seem you are so far from understanding what a patentable or copyrightable work is that you probably cannot tell if you have an invention or not.

[jayburn00]

Actually, my understanding is decent, I happen to have some experience with that aspect of my problem, but where my understanding is lacking is simply regarding the usage rights of the Raspberry Pi, but what you have all said helps a lot. Thanks.

[solar3000]

I saw a few people who have already asked such questions. Looks like a popular thing.

[Jim Manley]

As someone who has been awarded and successfully defended intellectual property under both copyright and patent law, here's what you may find useful (I'm being more pedestrian than the OP probably needs, but that's for others who may need more info).

Copyright can apply to the actual source code and any directly-derived executable code (assembly, binary object, interpreted or pre-compiled bytecode, etc.), but only for that portion that you have developed independent of other code protected by license. Patent protection can be available if the software is novel, non-obvious (U.S.) or involve an inventive step (Europe), and be useful (U.S.) or have potential for industrial application (Europe). Some argue that software can't be patented because it isn't a mechanism, but patent law specifically calls out both mechanisms and processes as being patentable. Obviously, obtaining both copyright and patent protection maximizes the ability to keep others from using your source code or assembly, object, byte code, etc., that results directly from processing the source code (via copyright) or even the algorithm, user experience behavior, data structures, etc., that form the processes that underlie the software (via patent).

If your software is a modification of open-source code, then you will have to make the modified source available. If your software only calls open-source software, then you don't need to disclose your source code, but will have to make the open-source software available. If a patent is granted, then your description of how the software works submitted with the patent application will be made public, including any source code if it's included in the patent application.

You won't be able to claim any copyrighted or patented technology contained in the Pi's hardware in your patent application, but you can use generic descriptions of features and components such as memory, processor registers, input-output interfaces, etc., in your diagrams and delineations of the process(es) being claimed. You want to avoid claiming anything specific to the Pi that's protected, and you would have to consult Broadcom's and component manufacturers' copyrights and patents to ensure non-infringement, a non-trivial pursuit.

[Heater]

Jim,

You are making a big oversimplification. There are many licenses in the open source universe with very different terms.

If your software is a modification of open-source code, then you will have to make the modified source available.

For some open source software this is not true, you can take, it modify it, compile it, ship the binary. Look at the BSD license for example. On the other hand it is true for GPL/LGP licensed code.

If your software only calls open-source software, then you don't need to disclose your source code...

This is not true for code or libraries under the GPL, anything that uses GPLed code is treated as a derived work of that code and must adhere to the GPL. But is is true for the LGPL licensed code.

This gets very complex, I have only mentioned three licenses here. There are many more.

Best advice is to check the licensing terms on every little piece of code you want to use from else where and abide by the terms you find there.

If you are really paranoid hire an IP lawyer.