Do Patents Matter In The Age Of Open Source
In recent years, open-source technology has become a driving force in software development and beyond. More businesses are choosing to share their code and inventions with the public in an effort to promote collaboration and innovation. This trend has led many to question whether patents still serve a valuable purpose, especially in industries where transparency and shared development are encouraged as a Newark, NJ patent lawyer knows all too well. While open source certainly has a place in today’s business landscape, patents continue to play a critical role — particularly when it comes to protecting core innovations.
It’s easy to assume that patents might be outdated in this new environment. After all, if companies are giving away their technology, what’s the point of securing exclusive rights? And if AI now makes it easy to get ahold of previously protected information, what’s the point? The answer lies in how patents are used and what they protect. A patent doesn’t prevent you from contributing to open-source projects — it gives you the legal tools to decide when and how your invention is used. For many of our clients, this control remains essential.
Open-source licensing does not remove the risk of intellectual property disputes. In fact, it often introduces new questions about ownership and usage rights leading to more patent law litigation than ever before. If someone modifies an open-source product and develops a profitable version, who owns the improvements? Without a patent, there’s limited protection. Companies can lose valuable ground if they assume that publishing code eliminates the need for legal protection. You may have heard a case along these lines where someone uploaded code into an open source AI platform to check it, but once that happened the code was made available to everyone even though it was technically proprietary. This is why patents remain an important tool, even for businesses that embrace open-source principles.
We’ve seen clients regret skipping the patent process. Some believed open-source distribution would be enough to protect their work. Others feared that filing for patents would send the wrong message to a collaborative community. But when their innovations were copied, rebranded, or monetized by others, the absence of a patent left them with few options. It’s a tough lesson and one that could be avoided with the right approach.
There’s also the matter of investment. Startups and growing businesses often seek funding to scale. Investors routinely ask whether a company owns any intellectual property. Having patents — regardless of whether the technology is open-source — demonstrates that the business has something unique and defensible. This can be a deciding factor in closing a funding round or attracting a strategic partner. It can also help you sell your business down the line.
At COFFYLAW, we’ve spent over 35 years working with inventors, developers, and businesses across a wide range of industries. We’ve watched the shift toward open-source platforms and helped clients balance openness with protection. Patents are not about locking others out — they’re about securing what’s yours before sharing it with the world. With offices in Brooklyn, New York, as well as Maplewood and Clifton, New Jersey, we are positioned to serve clients across the region and help them pick the best patent law firm to work with in the area. If you’re looking for a lawyer who understands both the traditional and modern approaches to innovation, we’re here to help. Patents still matter, even in a time of openness. If you’ve created something worth sharing, it’s worth protecting. Reach out to our team to schedule a consultation and find out how we can help you move forward with confidence.