Open Source Needs Our Help: Stand up for Open Source Software Patent Defense!

Open source software (OSS) has revolutionized the technological landscape, driving innovation, collaboration, and empowerment worldwide. However, recent proposed rules by the U.S. Patent and Trademark Office (USPTO) pose a significant threat to the open source community. These rules, if enacted, will undermine the ability to challenge poor-quality patents and expose developers, businesses, and users of OSS to the disruptive tactics of patent trolls.

As a staunch supporter of open source, Tutanota urges all stakeholders to take action against these detrimental patent rules.

Now the Open Invention Network (OIN) of which Tutanota is a member, as well as prominent open source defenders like the Linux Foundation call on everyone to stand up for open source and defend FOSS projects from patent trolls.

Take action to stop the law

Take action by telling lawmakers why you oppose this proposal. Add your comment to the discussion so that lawmakers get better informed about all the implications of this law. The Linux Foundation has also prepared a template document (.txt, for Individuals and Corporate Counsel) for you to fill out and attach for a more formalized comment by your organization.

All comments are due by June 20, 2023, 11:59 PM EDT. It is critical that USPTO hears from open source stakeholders like you, and the volume of comments is important.

Patents can kill innovation

Implications of proposed patent rules

The impact of the proposed USPTO rules cannot be underestimated. By hampering the ability to challenge problematic patents, the rules leave open source projects vulnerable to litigation, particularly from patent trolls. These trolls prey on developers and businesses, seeking to exploit weak patents for financial gain rather than fostering innovation. The consequences are far-reaching and pose a threat to the entire open source ecosystem:

• Increased Litigation and Pressure on the Open Source Community: With limited avenues to challenge poor-quality patents, developers and users of OSS, including businesses that rely on open source technologies, will be exposed to an escalating number of lawsuits. This will result in significant financial burdens, further straining already limited resources within the open source community.

• Escalating Costs: The economic impact of patent litigation is already substantial, with billions of dollars spent annually. The proposed rules will exacerbate this issue, increasing the cost of patent litigation by hundreds of millions of dollars. Such financial burdens will disproportionately affect small and medium-sized enterprises, stifling their growth and hindering their ability to compete.

• Global Consequences: The influence of open source extends far beyond U.S. borders. Organizations worldwide that engage with OSS, either as developers, suppliers, or customers, will bear the consequences of these proposed rules. The negative effects will reverberate across industries and slow down global innovation.

• Impediment to Business and Innovation: In the US, the proposed USPTO rules will create a hostile environment for businesses operating in the United States. The added uncertainty and risk associated with open source projects will deter investment and inhibit technological advancement. This will hinder economic growth, job creation, and the development of cutting-edge solutions.

Conclusion

The open source community has thrived on collaboration, transparency, and shared knowledge. It is incumbent upon us to stand united against the proposed USPTO rules that jeopardize these principles and undermine the immense value that open source brings to society. By engaging in collaborative advocacy, we can ensure that open source software remains a catalyst for innovation, unrestricted by unjust patents. Let us seize this opportunity to defend the integrity of open source and safeguard the future of technology.

Act now, and together we can make a difference!